R Tauranga 23 June 2012 – R 4
ID: JCA14177
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 23 June 2012
Meet Chair:
ADooley
Meet Committee Member 1:
NMcCutcheon
Race Date:
2012/06/23
Race Number:
R 4
Decision:
Because Mr Forbes was not the required distance clear when shifting out, we find the charge proved.
Penalty:
We grant Mr Forbes' request to seek a deferment to his suspension as per rule 1106(2).
Accordingly, we impose a suspension on Mr Forbes which will commence after racing on 30 June 2012 and to conclude after racing on 12 July 2012 (8 days).
Charge:
Careless riding.
Facts:
Following race 4, an information was filed pursuant to Rule 638(1)(d).The informant, Mr Williamson, alleged that when entering the final straight Mr Forbes permitted his mount MONI NUI to shift outwards when not sufficiently clear, causing interference to HIGH KIN ( M Coleman) and FLAVOUR FLAV( A Collett).
Submissions for Decision:
Ms Collett, at the protest hearing, said that Mr Forbes was only ½ length clear of her mount when shifting out 4 to 5 horse widths, this resulted in contact and buffeting to her mount.
Mr Coleman, at the protest hearing, said that Mr Forbes had shifted out abruptly and bumped and jostled with his mount for 6 to 7 strides when not the required distance clear.
Mr Hillis and Mr Forbes when asked by the committee did not wish to question Mr Coleman or Ms Collett and accepted the evidence the riders gave at the protest hearing for which they were present.
Mr Williamson demonstrated the incident using all the available films. He pointed out to the committee that at the 400 metres Mr Forbes permits his mount MONI NUI to shift out 4 to 5 horse widths for a period of 50 metres. In doing so, Mr Forbes can be seen to continue to ride MONI NUI forward with both hands when only ½ a length clear of FLAVOUR FLAV which resulted in contact occurring. This in turn resulted in HIGH KIN having its rightful line taken with the outward movement from MONI KUI.
Mr Hillis questioned Mr Williamson's interpretation on part of the evidence. He believed that Mr Forbes did try and correct his mount from shifting out while still pushing MONI NUI forward.
Mr Williamson in response said that Mr Forbes did make some attempt to straighten his mount however, it was not sufficient.
Mr Hillis said Mr Forbes was looking to get wider on the track in search of better ground and hadn't intended for the incident to occur. He believed that Mr Forbes had done a sufficient job to straighten up MONI NUI. He conceded that Mr Forbes hit his mount once and the following contact that occurred between FLAVOUR FLAV and HIGH KIN was made to look worse than it actually was.
Mr Forbes told the committee that his horse had over reacted when hit once with the whip. He said that he was pulling on the reins and did as much as he could to correct the movement.
Mr Williamson in summing up said the evidence from the protest hearing which both Mr Coleman and Ms Collett stated that Mr Forbes was not the required distance clear is relevant to this charge. He said that Mr Forbes must be the required distance clear when looking for better ground.
Mr Hillis in summing up said he believes the horse in front can dictate the line of the following horses.
Reasons for Decision:
The committee carefully considered all the evidence and submissions as presented. Having reviewed the video films several times we established that Mr Forbes is only ½ a length clear of FLAVOUR FLAV when shifting out abruptly and taking its rightful running line for a distance of 50 metres. HIGH KIN also received pressure from the outward movement. The films do not show that Mr Forbes did not attempt to straighten MONI NUI when moving out 5 horse widths on the point of the turn.
Submissions for Penalty:
Mr Williamson produced Mr Forbes' record which showed 5 previous suspensions in the last 12 months. He said the level of carelessness was mid to high range with the interference resulting in MONI NUI being relegated from 1st place back to 4th. He said Mr Forbes was a busy riding all over the country and submitted a suspension of 6 to 8 days would be appropriate.
Mr Forbes informed the committee that he had firm commitments up to and including 30 June 2012 and was seeking a deferment to his proposed suspension. Mr Forbes confirmed that he has been riding in the South Island for the last 3 months.
Mr Hillis when asked for submissions had nothing to say.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions presented. We note there are no mitigating factors in this charge. However, the aggravating factors are Mr Forbes' poor riding record, this being his 6th charge under this Rule in the last 12 months, the level of carelessness which we assess as high range, the interference suffered to FLAVOUR FLAV and HIGH KIN was significant with Mr Forbes being only ½ a length clear, the outcome being Mr Forbes' mount MONI NUI was relegated from 1st place back to 4th place. We acknowledge that Mr Forbes has been riding in the South Island therefore his suspension does include all race dates.
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: a373a3d96f4f040f91376abd44f4d1a1
informantnumber: A4520
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 15/06/2012
hearing_title: R Tauranga 23 June 2012 - R 4
charge:
Careless riding.
facts:
Following race 4, an information was filed pursuant to Rule 638(1)(d).The informant, Mr Williamson, alleged that when entering the final straight Mr Forbes permitted his mount MONI NUI to shift outwards when not sufficiently clear, causing interference to HIGH KIN ( M Coleman) and FLAVOUR FLAV( A Collett).
appealdecision:
isappeal:
submissionsfordecision:
Ms Collett, at the protest hearing, said that Mr Forbes was only ½ length clear of her mount when shifting out 4 to 5 horse widths, this resulted in contact and buffeting to her mount.
Mr Coleman, at the protest hearing, said that Mr Forbes had shifted out abruptly and bumped and jostled with his mount for 6 to 7 strides when not the required distance clear.
Mr Hillis and Mr Forbes when asked by the committee did not wish to question Mr Coleman or Ms Collett and accepted the evidence the riders gave at the protest hearing for which they were present.
Mr Williamson demonstrated the incident using all the available films. He pointed out to the committee that at the 400 metres Mr Forbes permits his mount MONI NUI to shift out 4 to 5 horse widths for a period of 50 metres. In doing so, Mr Forbes can be seen to continue to ride MONI NUI forward with both hands when only ½ a length clear of FLAVOUR FLAV which resulted in contact occurring. This in turn resulted in HIGH KIN having its rightful line taken with the outward movement from MONI KUI.
Mr Hillis questioned Mr Williamson's interpretation on part of the evidence. He believed that Mr Forbes did try and correct his mount from shifting out while still pushing MONI NUI forward.
Mr Williamson in response said that Mr Forbes did make some attempt to straighten his mount however, it was not sufficient.
Mr Hillis said Mr Forbes was looking to get wider on the track in search of better ground and hadn't intended for the incident to occur. He believed that Mr Forbes had done a sufficient job to straighten up MONI NUI. He conceded that Mr Forbes hit his mount once and the following contact that occurred between FLAVOUR FLAV and HIGH KIN was made to look worse than it actually was.
Mr Forbes told the committee that his horse had over reacted when hit once with the whip. He said that he was pulling on the reins and did as much as he could to correct the movement.
Mr Williamson in summing up said the evidence from the protest hearing which both Mr Coleman and Ms Collett stated that Mr Forbes was not the required distance clear is relevant to this charge. He said that Mr Forbes must be the required distance clear when looking for better ground.
Mr Hillis in summing up said he believes the horse in front can dictate the line of the following horses.
reasonsfordecision:
The committee carefully considered all the evidence and submissions as presented. Having reviewed the video films several times we established that Mr Forbes is only ½ a length clear of FLAVOUR FLAV when shifting out abruptly and taking its rightful running line for a distance of 50 metres. HIGH KIN also received pressure from the outward movement. The films do not show that Mr Forbes did not attempt to straighten MONI NUI when moving out 5 horse widths on the point of the turn.
Decision:
Because Mr Forbes was not the required distance clear when shifting out, we find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Forbes' record which showed 5 previous suspensions in the last 12 months. He said the level of carelessness was mid to high range with the interference resulting in MONI NUI being relegated from 1st place back to 4th. He said Mr Forbes was a busy riding all over the country and submitted a suspension of 6 to 8 days would be appropriate.
Mr Forbes informed the committee that he had firm commitments up to and including 30 June 2012 and was seeking a deferment to his proposed suspension. Mr Forbes confirmed that he has been riding in the South Island for the last 3 months.
Mr Hillis when asked for submissions had nothing to say.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions presented. We note there are no mitigating factors in this charge. However, the aggravating factors are Mr Forbes' poor riding record, this being his 6th charge under this Rule in the last 12 months, the level of carelessness which we assess as high range, the interference suffered to FLAVOUR FLAV and HIGH KIN was significant with Mr Forbes being only ½ a length clear, the outcome being Mr Forbes' mount MONI NUI was relegated from 1st place back to 4th place. We acknowledge that Mr Forbes has been riding in the South Island therefore his suspension does include all race dates.
penalty:
We grant Mr Forbes' request to seek a deferment to his suspension as per rule 1106(2).
Accordingly, we impose a suspension on Mr Forbes which will commence after racing on 30 June 2012 and to conclude after racing on 12 July 2012 (8 days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr A Forbes - Licensed Apprentice Rider
Otherperson: Mr W Hillis - Trainer assisting Mr Forbes
PersonPresent:
Respondent:
StipendSteward:
raceid: 9b57177a81ef35992ce74d4115a7b134
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 63fc0e55b450a9afb34a37891ade442a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/06/2012
meet_title: Racing Tauranga - 23 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: NMcCutcheon
meet_pm2: none
name: Racing Tauranga