Archive Decision

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Waikato RC 20 January 2016 – R 1 – Chair, Mr R Seabrook

ID: JCA14119

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mrs L Allpress, rider of El Pistola

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
6933

Hearing Type:
Hearing

New Charge:
Failing to ride out

Rules:
636 (1) (d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Waikato RC - 20 January 2016

Meet Chair:
RSeabrook

Meet Committee Member 1:
AGodsalve

Race Date:
2016/01/20

Race Number:
R1

Decision:

After taking all the above into account we find the charge proved.

Penalty:

After taking all the above factors into account we impose a suspension of ten riding days.  We grant a deferral under the provisions of rule 1106 (2) and therefore Mrs Allpress is suspended from after racing on 25 January and concluding after racing on 11 February 2016.

These days include the following:

27 January Motukarara, 30 January Matamata, 1 February Te Teko, 3 February Hastings, 4 February Ellerslie, 5 February New Plymouth, 6 February Te Rapa, 8 February Tauherenikau, 10 February Avondale and 11 February Invercargill.

Facts:

Following race 1, The Hits 98.6 FM 2100, an information was filed pursuant to rule 636 (1) (d).  The informant alleged that Mrs Allpress failed to ride EL PISTOLA out to the end of the race. 

The relevant rule reads:  A person being the rider of a horse in a race must ride his or her horse out to the end of the race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.

The official margin between second and third was a head.  EL PISTOLA finished in third position. 

Submissions for Decision:

Mr Oatham read the relevant rule which Mrs Allpress said she understood.  He told the committee that Mrs Allpress failed to ride her mount out to the end of the race when there was a reasonable chance of finishing second.  He said although the official margin was a head the film showed that may have been generous.  He added EL PISTOLA underwent a vet check and was declared fit by Mr Hanley, the trainer who had already left the course.

Mr Williamson demonstrated the video films and pointed out EL PISTOLA racing outside COLONEL CARRERA and approximately one length behind that horse at the 300 metres.  He then showed Mrs Allpress easing her mount out from behind SOUTHERN POWER to get a clear run.  Mr Williamson said that at the 200 metres EL PISTOLA was responding to the whip while under a vigorous ride by Mrs Allpress.  He added that in the last four strides Mrs Allpress changed her riding style and was not using the vigour she had previously shown.  Mr Williamson concluded by saying EL PISTOLA was not tested in the last four strides.

Mrs Allpress said that on straightening she had given her mount four cracks with the whip and once she got a clear run she kept pushing forward.  She said her mount takes a long time to wind up and that she had hit her maximum speed.  She added although her riding style changed she believed her horse was giving its best.  Mrs Allpress said she was giving her mount every opportunity to get past COLONEL CARRERA and she could not do so.

Mr Oatham said it was clear that once Mrs Allpress eased out she was one length behind COLONEL CARRERA and then commenced to ride with some vigour.  He said this resulted in her taking ground off COLONEL CARRERA but in the last four strides her riding style changed dramatically when she opted not to use the whip.  From then on it was evident she was not riding her mount out to her best ability.  He concluded by saying the betting public was entitled to see the horse ridden out to the finish line when there was a very reasonable chance of it finishing second.

Reasons for Decision:

The committee has carefully considered all the submissions and evidence as presented and reviewed the video films several times.  The films clearly showed that at the 300 metres EL PISTOLA was approximately one length behind COLONEL CARRERA.  From the 200 metres EL PISTOLA had clear running and was responding to a vigorous ride under the whip by Mrs Allpress. This resulted in EL PISTOLA making up approximately 3 quarters of a length on COLONEL CARRERA.  From the 100 metres the films clearly showed Mrs Allpress pushing her mount forward without using the whip.  When nearly on terms with COLONEL CARRERA it was noticeable that Mrs Allpress's riding style changed considerably and during the final four strides of the race she appeared to relax with her right hand down the side of the horse's neck and not riding out to the line.  The rule calls for a rider to to ride his or her horse out to the end of the race if there is a reasonable chance of it running in a position for which there is prize money or a dividend to be declared.  Taking into account the bare head margin at the line the committee is satisfied that Mrs Allpress may well have finished second if indeed she had fulfilled her obligations and ridden her mount out to the line.

Submissions for Penalty:

Mr Oatham said Mrs Allpress had a clear record under this rule and today's breach was an unfortunate error of judgement.  However he reminded the committee  of the consequences resulting from today's breach with the connections and betting public who may well have been affected.  He referred to three breaches of this rule with suspensions ranging from 9 days, 11 days and 3 weeks being imposed.  He added however that the 3 week suspension was more serious than today's breach.  He concluded that Mrs Allpress was a busy rider who rode throughout the country. 

Mrs Allpress confirmed she rode throughout New Zealand and in regard to today's breach she believed she was giving her mount every opportunity.  She said she had commitments until after racing at Woodville on 25 January.

Reasons for Penalty:

The committee has carefully considered the submissions on penalty as presented.  The only mitigating factor is Mrs Allpress' clear record under this rule.  In aggravation the connections and the betting public may well have been denied second prize money or an improved dividend because Mrs Allpress did not ride her horse out to the line.  The committee accepts that she does ride throughout the country and has taken this into account when assessing penalty.  The JCA penalty guide has a starting point of a four week suspension for a breach of this rule involving a possible second place.  Mrs Allpress is New Zealand's busiest rider who rides at meetings throughout the country.  A four week suspension in her case would mean she would lose the opportunity to ride between 26 January to 26 February 2016.  In that period there are twenty race meetings scheduled throughout New Zealand which she could and possibly would ride at.  For this breach today four weeks seems excessive given the circumstances.  The committee believes this breach is at the lower end of the scale and she has no previous breaches under this rule. However, any breach of this rule must be viewed seriously.  Therefore we find a suspension of two and a half weeks is appropriate.

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: 9aa0190d6045ae7d03b13e247ff5a48f


informantnumber: 6933


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failing to ride out


plea: denied


penaltyrequired: 1


decisiondate: 21/01/2016


hearing_title: Waikato RC 20 January 2016 - R 1 - Chair, Mr R Seabrook


charge:


facts:

Following race 1, The Hits 98.6 FM 2100, an information was filed pursuant to rule 636 (1) (d).  The informant alleged that Mrs Allpress failed to ride EL PISTOLA out to the end of the race. 

The relevant rule reads:  A person being the rider of a horse in a race must ride his or her horse out to the end of the race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.

The official margin between second and third was a head.  EL PISTOLA finished in third position. 


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham read the relevant rule which Mrs Allpress said she understood.  He told the committee that Mrs Allpress failed to ride her mount out to the end of the race when there was a reasonable chance of finishing second.  He said although the official margin was a head the film showed that may have been generous.  He added EL PISTOLA underwent a vet check and was declared fit by Mr Hanley, the trainer who had already left the course.

Mr Williamson demonstrated the video films and pointed out EL PISTOLA racing outside COLONEL CARRERA and approximately one length behind that horse at the 300 metres.  He then showed Mrs Allpress easing her mount out from behind SOUTHERN POWER to get a clear run.  Mr Williamson said that at the 200 metres EL PISTOLA was responding to the whip while under a vigorous ride by Mrs Allpress.  He added that in the last four strides Mrs Allpress changed her riding style and was not using the vigour she had previously shown.  Mr Williamson concluded by saying EL PISTOLA was not tested in the last four strides.

Mrs Allpress said that on straightening she had given her mount four cracks with the whip and once she got a clear run she kept pushing forward.  She said her mount takes a long time to wind up and that she had hit her maximum speed.  She added although her riding style changed she believed her horse was giving its best.  Mrs Allpress said she was giving her mount every opportunity to get past COLONEL CARRERA and she could not do so.

Mr Oatham said it was clear that once Mrs Allpress eased out she was one length behind COLONEL CARRERA and then commenced to ride with some vigour.  He said this resulted in her taking ground off COLONEL CARRERA but in the last four strides her riding style changed dramatically when she opted not to use the whip.  From then on it was evident she was not riding her mount out to her best ability.  He concluded by saying the betting public was entitled to see the horse ridden out to the finish line when there was a very reasonable chance of it finishing second.


reasonsfordecision:

The committee has carefully considered all the submissions and evidence as presented and reviewed the video films several times.  The films clearly showed that at the 300 metres EL PISTOLA was approximately one length behind COLONEL CARRERA.  From the 200 metres EL PISTOLA had clear running and was responding to a vigorous ride under the whip by Mrs Allpress. This resulted in EL PISTOLA making up approximately 3 quarters of a length on COLONEL CARRERA.  From the 100 metres the films clearly showed Mrs Allpress pushing her mount forward without using the whip.  When nearly on terms with COLONEL CARRERA it was noticeable that Mrs Allpress's riding style changed considerably and during the final four strides of the race she appeared to relax with her right hand down the side of the horse's neck and not riding out to the line.  The rule calls for a rider to to ride his or her horse out to the end of the race if there is a reasonable chance of it running in a position for which there is prize money or a dividend to be declared.  Taking into account the bare head margin at the line the committee is satisfied that Mrs Allpress may well have finished second if indeed she had fulfilled her obligations and ridden her mount out to the line.


Decision:

After taking all the above into account we find the charge proved.


sumissionsforpenalty:

Mr Oatham said Mrs Allpress had a clear record under this rule and today's breach was an unfortunate error of judgement.  However he reminded the committee  of the consequences resulting from today's breach with the connections and betting public who may well have been affected.  He referred to three breaches of this rule with suspensions ranging from 9 days, 11 days and 3 weeks being imposed.  He added however that the 3 week suspension was more serious than today's breach.  He concluded that Mrs Allpress was a busy rider who rode throughout the country. 

Mrs Allpress confirmed she rode throughout New Zealand and in regard to today's breach she believed she was giving her mount every opportunity.  She said she had commitments until after racing at Woodville on 25 January.


reasonsforpenalty:

The committee has carefully considered the submissions on penalty as presented.  The only mitigating factor is Mrs Allpress' clear record under this rule.  In aggravation the connections and the betting public may well have been denied second prize money or an improved dividend because Mrs Allpress did not ride her horse out to the line.  The committee accepts that she does ride throughout the country and has taken this into account when assessing penalty.  The JCA penalty guide has a starting point of a four week suspension for a breach of this rule involving a possible second place.  Mrs Allpress is New Zealand's busiest rider who rides at meetings throughout the country.  A four week suspension in her case would mean she would lose the opportunity to ride between 26 January to 26 February 2016.  In that period there are twenty race meetings scheduled throughout New Zealand which she could and possibly would ride at.  For this breach today four weeks seems excessive given the circumstances.  The committee believes this breach is at the lower end of the scale and she has no previous breaches under this rule. However, any breach of this rule must be viewed seriously.  Therefore we find a suspension of two and a half weeks is appropriate.


penalty:

After taking all the above factors into account we impose a suspension of ten riding days.  We grant a deferral under the provisions of rule 1106 (2) and therefore Mrs Allpress is suspended from after racing on 25 January and concluding after racing on 11 February 2016.

These days include the following:

27 January Motukarara, 30 January Matamata, 1 February Te Teko, 3 February Hastings, 4 February Ellerslie, 5 February New Plymouth, 6 February Te Rapa, 8 February Tauherenikau, 10 February Avondale and 11 February Invercargill.


hearing_type: Hearing


Rules: 636 (1) (d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mrs L Allpress, rider of El Pistola


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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