Hawke’s Bay RI 21 September 2013 – R5
ID: JCA13991
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 21 September 2013
Meet Chair:
NMoffatt
Meet Committee Member 1:
NMcCutcheon
Race Date:
2013/09/21
Race Number:
R5
Decision:
As Ms Myers admitted the breach we found the charge proved.
Penalty:
Taking Taking into account upcoming riding commitments, Ms Myers is suspended for 6 days from the close of racing on Saturday, September 28 up to and including racing on Monday, October 7. Race days in this period are:
2/10/13 - Whangarei
3/10/13 - Wanganui
4/10/13 - Waikato
5/10/13 - Hastings/Canterbury
6/10/13 - Waipa
7/10/13 - Avondale
Days not included in the penalty were Sunday, 29 September (jumps day) and Monday, 30 September 2013 at Gore as Ms Myers has only been riding regularly as far south as Canterbury.
Charge:
Following the running of Race 5, the Group 3 Hawke’s Bay Breeders Gold Trail Stakes, an Information was lodged by Mr R Neal alleging a breach of Rule 638(1) (d) in that, passing the 900m K Myers (FANTASTIC HONOUR) permitted her mount to shift in when not clear of NEUTRON STAR which was tightened and checked.
Facts:
Prior to the hearing permission was granted by the Judicial Committee for Mr P Shailer to attend the hearing in an observational role only.
Mr Neal read the rule and Ms Myers said she understood the nature of the charge and confirmed she admitted the breach.
Mr Oatham showed the incident on the two available video angles outlining the incident from the Stewards’ perspective. NEUTRON STAR ridden by Mr N Harris started from barrier number 2 and FANTASTIC HONOUR (Ms Myers) from barrier 3. As the field raced towards the first bend Mr Harris was in a position with Ms Myers to his outside and Mr Du Plessis to his inside. His horse was perhaps a neck or half a length into a gap between these two horses. Mr Harris was trying to maintain this position when Ms Myers shifted inwards as they approached the bend and, as a result, he was forced to take a hold of NEUTRON STAR losing ground as a result.
Ms Myers said NEUTRON STAR was not going well enough and Mr Harris was struggling to be in the position he was. She said Mr Harris decided to take a hold of his mount before she came across and any movement from her was very minor.
Submissions for Penalty:
Mr Neal produced Ms Myers' riding record which showed the following careless riding charges:
11/9/13 - 3 day suspension, $600
9/2/13 - 5 day suspension
12/11/12 - 4 day suspension
10/11/12 - 3 day suspension
Mr Neal described this as a fair record considering Ms Myers is a busy rider. He said as a result of Ms Myers' shift inwards Mr Harris lost his position in a Group 3 race. The Stewards’ submission was for a period of suspension in the region of 5 – 6 days.
Ms Myers reiterated that she believed the incident was minor and towards the lower end of the scale. She asked if the committee would consider a monetary penalty as she had many upcoming commitments including the possibility of one of her regular rides going to Australia.
Reasons for Penalty:
In coming to a decision on penalty the committee took into account all of the submissions and adopted, as a starting point, a period of five days suspension. The fact that the race was of Group 3 status was considered an aggravating factor. Rule 920 (2) states:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) The status of the Race;
(b) The stake payable in respect of the Race;
(c) Any consequential effects upon any person or horse as a result of the breach of the Rule; and/or
(d) The need to maintain integrity and public confidence in racing.
The committee agreed that Ms Myers did not shift inwards to a large degree, however the consequences of her movement were reasonably severe. Mr Harris received a sharp check and NEUTRON STAR lost significant ground. Ms Myers said that Mr Harris was not travelling well enough to maintain his position but regardless of how well he was travelling he was entitled to hold his position. Safety is paramount and Mr Harris found himself squeezed up between two horses with no option but to check backwards.
The committee took into account Ms Myers' admission of the breach, and her record which we did not consider either an aggravating or mitigating factor. It was our opinion that a monetary penalty was not appropriate in this situation.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 8885c78df405dff89bf1f3c28395eded
informantnumber: A3270
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 20/09/2013
hearing_title: Hawke's Bay RI 21 September 2013 - R5
charge:
Following the running of Race 5, the Group 3 Hawke’s Bay Breeders Gold Trail Stakes, an Information was lodged by Mr R Neal alleging a breach of Rule 638(1) (d) in that, passing the 900m K Myers (FANTASTIC HONOUR) permitted her mount to shift in when not clear of NEUTRON STAR which was tightened and checked.
facts:
Prior to the hearing permission was granted by the Judicial Committee for Mr P Shailer to attend the hearing in an observational role only.
Mr Neal read the rule and Ms Myers said she understood the nature of the charge and confirmed she admitted the breach.
Mr Oatham showed the incident on the two available video angles outlining the incident from the Stewards’ perspective. NEUTRON STAR ridden by Mr N Harris started from barrier number 2 and FANTASTIC HONOUR (Ms Myers) from barrier 3. As the field raced towards the first bend Mr Harris was in a position with Ms Myers to his outside and Mr Du Plessis to his inside. His horse was perhaps a neck or half a length into a gap between these two horses. Mr Harris was trying to maintain this position when Ms Myers shifted inwards as they approached the bend and, as a result, he was forced to take a hold of NEUTRON STAR losing ground as a result.
Ms Myers said NEUTRON STAR was not going well enough and Mr Harris was struggling to be in the position he was. She said Mr Harris decided to take a hold of his mount before she came across and any movement from her was very minor.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Myers admitted the breach we found the charge proved.
sumissionsforpenalty:
Mr Neal produced Ms Myers' riding record which showed the following careless riding charges:
11/9/13 - 3 day suspension, $600
9/2/13 - 5 day suspension
12/11/12 - 4 day suspension
10/11/12 - 3 day suspension
Mr Neal described this as a fair record considering Ms Myers is a busy rider. He said as a result of Ms Myers' shift inwards Mr Harris lost his position in a Group 3 race. The Stewards’ submission was for a period of suspension in the region of 5 – 6 days.
Ms Myers reiterated that she believed the incident was minor and towards the lower end of the scale. She asked if the committee would consider a monetary penalty as she had many upcoming commitments including the possibility of one of her regular rides going to Australia.
reasonsforpenalty:
In coming to a decision on penalty the committee took into account all of the submissions and adopted, as a starting point, a period of five days suspension. The fact that the race was of Group 3 status was considered an aggravating factor. Rule 920 (2) states:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) The status of the Race;
(b) The stake payable in respect of the Race;
(c) Any consequential effects upon any person or horse as a result of the breach of the Rule; and/or
(d) The need to maintain integrity and public confidence in racing.
The committee agreed that Ms Myers did not shift inwards to a large degree, however the consequences of her movement were reasonably severe. Mr Harris received a sharp check and NEUTRON STAR lost significant ground. Ms Myers said that Mr Harris was not travelling well enough to maintain his position but regardless of how well he was travelling he was entitled to hold his position. Safety is paramount and Mr Harris found himself squeezed up between two horses with no option but to check backwards.
The committee took into account Ms Myers' admission of the breach, and her record which we did not consider either an aggravating or mitigating factor. It was our opinion that a monetary penalty was not appropriate in this situation.
penalty:
Taking Taking into account upcoming riding commitments, Ms Myers is suspended for 6 days from the close of racing on Saturday, September 28 up to and including racing on Monday, October 7. Race days in this period are:
2/10/13 - Whangarei
3/10/13 - Wanganui
4/10/13 - Waikato
5/10/13 - Hastings/Canterbury
6/10/13 - Waipa
7/10/13 - Avondale
Days not included in the penalty were Sunday, 29 September (jumps day) and Monday, 30 September 2013 at Gore as Ms Myers has only been riding regularly as far south as Canterbury.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr R Neal - Co-Chief Stipendiary Steward
JockeysandTrainer: Ms K Myers - Licensed Jockey, Mr P Shailer - Licensed Trainer
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e761d2df670815e60db00e9023393f3e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2dbd780694ca50f9eaf8721243237759
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/09/2013
meet_title: Hawkes Bay RI - 21 September 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: NMcCutcheon
meet_pm2: none
name: Hawkes Bay RI