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Waikato RC 8 November 2014 – R 6

ID: JCA14065

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Ms Z Moki Class B Rider

Other Person:
Mr A Peard Trainer-assisting Ms Moki, Mr M Williamson - Stipendiary Steward

Information Number:
A6853

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 8 November 2014

Meet Chair:
AGodsalve

Meet Committee Member 1:
RSeabrook

Race Date:
2014/11/08

Race Number:
R6

Decision:

As the breach was admitted we find the charge against Ms Moki to be proved.

Penalty:

After taking all of these factors into consideration the Committee considered that an appropriate penalty is a term of suspension which will commence after racing at Matamata on 12 November and conclude after racing on 21 November 2014 - 4 North Island days.

The meetings involved are:

Dargaville         14th November

Tauranga          15th November

Woodville          19th November

New Plymouth   21st November

Facts:

Following the running of Race 6, DASHTICKETS.CO.NZ 1200 an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 700 metres Ms Moki riding CARTELL allowed her mount to shift in when not clear of CASILLAS (Mr N Harris) which was checked.  

The relevant Rule was read to Ms Moki who confirmed that she understood the Rule and that she admitted the breach. Ms Moki was assisted in the hearing by Mr A Peard, Licensed Trainer.

Rule 638(1)(d) provides: ' A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless'.

Using the available video films, Stipendiary Steward Mr M Williamson identified the subject horses. He pointed out that near the 700 metres CARTELL ridden by Ms Moki was in a position one-off the rail with CASILLAS ridden by Mr N Harris inside and about a half length behind her. ONLYAROSE ridden by Ms A Jones was ahead of CARTELL at the time and Mr Williamson stated there was a gap between these 2 horses. He then pointed out that ONLYAROSE commenced to shift inwards towards CARTELL which in turn moved inwards towards CASILLAS. As a result Mr Harris was forced to severely check CASILLAS as Miss Moki allowed CARTELL to continue shifting inwards. As a result CASILLAS lost between one and a half and two lengths and also lost its momentum.

Mr Peard, for Ms Moki, said he considered Ms Moki was unlucky to be charged. He said there were several horses racing in tight quarters at the time and that the horse CARTELL was known to over-race at times.

Ms Moki had nothing to add.

Submissions for Penalty:

Mr Oatham produced Ms Moki's record which showed one previous breach of this Rule, when she was suspended for 4 days.

He added that there were some mitigating factors in Ms Moki's favour. He said there was significant interference prior to the incident when there was pressure to Miss Moki by Ms Jones outside her. He also considered Ms Moki's inexperience had been a factor in this incident. He felt she should be given credit for her admission of the breach which the Stewards felt fell into the mid-high range. However Mr Oatham told the Committee that the stewards felt Ms Moki's carelessness was at the lower end of the scale and that any period of suspension could reflect that.

Mr Peard had no comment regarding a likely penalty.

Ms Moki told the Committee she had ridden at Taranaki and was available to ride throughout the North Island when opportunities presented. She said she had rides at Matamata on 12 November and any suspension could commence after that. Mr Oatham confirmed that the Stewards viewed Ms Moki as a North Island rider.

Reasons for Penalty:

The Committee have adopted 5 riding days as the starting point in considering a term of suspension on Ms Moki. The mitigating factors are that Ms Moki admitted the breach; that there was contributing pressure from Ms Jones outside her which caused her to perhaps over-react due to her relative inexperience, and that her horse was known to over race at times.  Balancing those factors was that due to this incident a protest was lodged by Mr Harris- which was not upheld- as his mount was affected to the extent that it lost momentum and up to 2 lengths.

The Committee also took into account that Ms Moki had only one previous breach of this Rule in her relatively brief career.

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: 93bfed1c8095ae35a0415a5bdab4566c


informantnumber: A6853


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 01/11/2014


hearing_title: Waikato RC 8 November 2014 - R 6


charge:


facts:

Following the running of Race 6, DASHTICKETS.CO.NZ 1200 an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 700 metres Ms Moki riding CARTELL allowed her mount to shift in when not clear of CASILLAS (Mr N Harris) which was checked.  

The relevant Rule was read to Ms Moki who confirmed that she understood the Rule and that she admitted the breach. Ms Moki was assisted in the hearing by Mr A Peard, Licensed Trainer.

Rule 638(1)(d) provides: ' A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless'.

Using the available video films, Stipendiary Steward Mr M Williamson identified the subject horses. He pointed out that near the 700 metres CARTELL ridden by Ms Moki was in a position one-off the rail with CASILLAS ridden by Mr N Harris inside and about a half length behind her. ONLYAROSE ridden by Ms A Jones was ahead of CARTELL at the time and Mr Williamson stated there was a gap between these 2 horses. He then pointed out that ONLYAROSE commenced to shift inwards towards CARTELL which in turn moved inwards towards CASILLAS. As a result Mr Harris was forced to severely check CASILLAS as Miss Moki allowed CARTELL to continue shifting inwards. As a result CASILLAS lost between one and a half and two lengths and also lost its momentum.

Mr Peard, for Ms Moki, said he considered Ms Moki was unlucky to be charged. He said there were several horses racing in tight quarters at the time and that the horse CARTELL was known to over-race at times.

Ms Moki had nothing to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge against Ms Moki to be proved.


sumissionsforpenalty:

Mr Oatham produced Ms Moki's record which showed one previous breach of this Rule, when she was suspended for 4 days.

He added that there were some mitigating factors in Ms Moki's favour. He said there was significant interference prior to the incident when there was pressure to Miss Moki by Ms Jones outside her. He also considered Ms Moki's inexperience had been a factor in this incident. He felt she should be given credit for her admission of the breach which the Stewards felt fell into the mid-high range. However Mr Oatham told the Committee that the stewards felt Ms Moki's carelessness was at the lower end of the scale and that any period of suspension could reflect that.

Mr Peard had no comment regarding a likely penalty.

Ms Moki told the Committee she had ridden at Taranaki and was available to ride throughout the North Island when opportunities presented. She said she had rides at Matamata on 12 November and any suspension could commence after that. Mr Oatham confirmed that the Stewards viewed Ms Moki as a North Island rider.


reasonsforpenalty:

The Committee have adopted 5 riding days as the starting point in considering a term of suspension on Ms Moki. The mitigating factors are that Ms Moki admitted the breach; that there was contributing pressure from Ms Jones outside her which caused her to perhaps over-react due to her relative inexperience, and that her horse was known to over race at times.  Balancing those factors was that due to this incident a protest was lodged by Mr Harris- which was not upheld- as his mount was affected to the extent that it lost momentum and up to 2 lengths.

The Committee also took into account that Ms Moki had only one previous breach of this Rule in her relatively brief career.


penalty:

After taking all of these factors into consideration the Committee considered that an appropriate penalty is a term of suspension which will commence after racing at Matamata on 12 November and conclude after racing on 21 November 2014 - 4 North Island days.

The meetings involved are:

Dargaville         14th November

Tauranga          15th November

Woodville          19th November

New Plymouth   21st November


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Ms Z Moki Class B Rider


Otherperson: Mr A Peard Trainer-assisting Ms Moki, Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d13cbe434393db29b84cf6a89e90aa67


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d24ca2134ec0106261831ddd1321b628


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/11/2014


meet_title: Waikato RC - 8 November 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: RSeabrook


meet_pm2: none


name: Waikato RC