Archive Decision

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Avondale JC 23 January 2019 – R 7 – Chair, Mr A Dooley

ID: JCA14172

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr D Mansour - Class A Rider

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A11083

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 23 January 2019

Meet Chair:
ADooley

Race Date:
2019/01/23

Race Number:
R7

Decision:

As Mr Mansour admitted the breach the Committee found the charge proved.

Penalty:

The Committee granted a deferment to Mr Mansour’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Mansour had his license to ride in races suspended for a period to commence after racing on 30 January and conclude after racing on 8 February 2019.

Facts:

Following the running of race 7, Avondale Sunday Markets, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Mansour permitted his mount CRESCENT to shift inwards when not sufficiently clear of JET SET which was dictated inwards crowding OUR STAR which was checked near the 1300 metres.

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

Mr Mansour said he understood the Rule and confirmed that he admitted the breach.

Mr Oatham demonstrated the incident using the available video footage. He identified that CRESCENT jumped from barrier 9. He said Mr Mansour permitted his mount to shift in when only 1 length clear of JET SET. As a result that runner was dictated inwards crowding OUR STAR which was checked. He added at the point of interference OUR STAR was racing inside JET SET.

Mr Mansour said his actions were not malicious and he wasn’t aware that OUR STAR was racing on the inside of JET SET. He apologised for causing the interference.

Submissions for Penalty:

Mr Williamson said that Mr Mansour has had approximately 45 rides in his NZ career to date with no prior breach under this Rule. He described the level of carelessness as low range and a penalty in line with that would be appropriate.

Mr Mansour said he had firm engagements at Hastings on 30 January and requested a 7 day deferment to his proposed suspension so he could fulfil his upcoming engagements.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

It was clear of the video films that Mr Mansour permitted his mount to shift in 100 metres after the start when only 1 length clear of JET SET. As a consequence that runner was dictated inwards crowding OUR STAR which was checked. The Committee deemed the level of carelessness as low range.

The JCA Penalty Guide starting point for low range carelessness is 6 national days which was adopted.

There were no aggravating factors.

The mitigating factors were Mr Mansour’s admission of the breach and his clear record from limited riding opportunities to date. For these collective factors Mr Mansour was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 5 national riding days.

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: a2a7f7d240d076fb5ca13115070fdcc2


informantnumber: A11083


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 23/01/2019


hearing_title: Avondale JC 23 January 2019 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Avondale Sunday Markets, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Mansour permitted his mount CRESCENT to shift inwards when not sufficiently clear of JET SET which was dictated inwards crowding OUR STAR which was checked near the 1300 metres.

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

Mr Mansour said he understood the Rule and confirmed that he admitted the breach.

Mr Oatham demonstrated the incident using the available video footage. He identified that CRESCENT jumped from barrier 9. He said Mr Mansour permitted his mount to shift in when only 1 length clear of JET SET. As a result that runner was dictated inwards crowding OUR STAR which was checked. He added at the point of interference OUR STAR was racing inside JET SET.

Mr Mansour said his actions were not malicious and he wasn’t aware that OUR STAR was racing on the inside of JET SET. He apologised for causing the interference.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Mansour admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson said that Mr Mansour has had approximately 45 rides in his NZ career to date with no prior breach under this Rule. He described the level of carelessness as low range and a penalty in line with that would be appropriate.

Mr Mansour said he had firm engagements at Hastings on 30 January and requested a 7 day deferment to his proposed suspension so he could fulfil his upcoming engagements.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

It was clear of the video films that Mr Mansour permitted his mount to shift in 100 metres after the start when only 1 length clear of JET SET. As a consequence that runner was dictated inwards crowding OUR STAR which was checked. The Committee deemed the level of carelessness as low range.

The JCA Penalty Guide starting point for low range carelessness is 6 national days which was adopted.

There were no aggravating factors.

The mitigating factors were Mr Mansour’s admission of the breach and his clear record from limited riding opportunities to date. For these collective factors Mr Mansour was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 5 national riding days.


penalty:

The Committee granted a deferment to Mr Mansour’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Mansour had his license to ride in races suspended for a period to commence after racing on 30 January and conclude after racing on 8 February 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr D Mansour - Class A Rider


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: acfe75277dd28b48a05a28004120c7b8


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


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meetdate: 23/01/2019


meet_title: Avondale JC - 23 January 2019


meet_expappcomment:


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tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


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name: Avondale JC