Archive Decision

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Wanganui JC 6 July 2017 – R 5 – Chair, Mr T Bird

ID: JCA14228

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Mr M McNelis - Licensed Apprentice Jockey

Other Person:
Mr K Gray - Licensed Trainer assisting Mr McNelis, Mr N Goodwin - Stipendiary Steward

Information Number:
A9204

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wanganui JC - 6 July 2017

Meet Chair:
TBird

Meet Committee Member 1:
TCastles

Race Date:
2017/07/06

Race Number:
R 5

Decision:

The Committee was satisfied that Mr McNelis had ridden carelessly and as the charge was admitted it was deemed to be proved.

Penalty:

Mr McNelis was suspended from riding in races from the end of racing on July 8 up to and including July 20 2017 (3 days).

The days being:
July 9 – Te Aroha (jumps day)
July 15 - Wellington
July 20 – Hastings

Facts:

Following the running of Race 5, G Bristol & Sons 1600m Maiden Highweight (1600), Information No A9204 was filed with the Judicial Committee. It alleged that Mr McNelis allowed his mount WOTAMISSION to shift inwards near the 1400m mark when not clear of HOLLYPOP and ADONIS which were checked.

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

Both Mr McNelis and Mr Gray acknowledged they understood the rule and admitted the alleged breach.

Mr Goodwin demonstrated both the side and head-on film from the turn into the back straight and run to the 1400m mark from the finishing post. He identified Mr McNelis' mount, WOTAMISSION, and race rivals, HOLLYPOP (Mr J Riddell) and ADONIS (Mr S Phelan), which were racing in close proximity and behind WOTAMISSION.

Mr Goodwin said near the 1400m mark and approximately 200m after the start Mr McNelis angled his mount in towards the inside rail when not the required distance clear. He indicated where Mr Riddell was forced to check his mount, going back on Mr Phelan who also checked his mount.

Using the head-on film Mr Goodwin showed McNelis applying pressure on HOLLYPOP when not the required distance clear. Mr Goodwin said Mr Riddell had to take a sharp hold of his mount and came back on Mr Phelan at that point.

Mr Goodwin said Stewards had had discussions with all parties involved in the incident and Mr Riddell had confirmed that Mr McNelis had crossed him when not clear and he had had to check his mount. He added that in his view Mr Phelan had already restrained his mount which was over racing prior to any tightening occurring.

Mr McNelis submitted his mount was racing very keenly at the time of the incident and he that he was attempting to get some cover in a bid to get his mount under control. He added at no time had he heard a call from Mr Riddell that (McNelis) was not clear. In a question from the Committee, Mr McNelis agreed he was not the required distance clear when he crossed.

Mr Gray submitted that WOTAMISSION was a hard puller and in previous races it had over-raced on or near the pace before tiring. Mr Gray said his riding instructions were for McNelis to try and get cover early on to try and get the horse to relax.

Commenting on the video replay, Mr Gray submitted the rider of ADONIS appeared to be in trouble and was checking his horse just prior to Mr Riddell’s mount being checked. He said that made the incident appear worse than it actually was.

Submissions for Penalty:

Mr Balcombe advised the committee that Mr McNelis had a good riding record and had just one suspension in the previous 12 months. That was for careless riding at Otaki last February. 

He said he believed the interference was mid-range and submitted a suspension would be an appropriate penalty. He did not suggest a quantum number of days, leaving that to the committee to decide.

Mr McNelis said he had riding engagements at the Marton meeting at Awapuni on Saturday and asked for a deferment until after that meeting if a suspension was imposed. He also said he was preparing to ride at Te Aroha on a jumps day on Sunday.

Reasons for Penalty:

The Committee found that Mr McNelis allowed his mount - which at the time was racing rather fiercely - to shift inwards when not the required distance clear near the 1400m mark in the back straight. His actions forced Mr Riddell to check his mount which in turn then went back on Mr Phelan’s mount which was also checked.

When viewing the video footage of the race the Committee observed that Mr McNelis was having some difficulty restraining his mount and this may have contributed to the inwards movement of his mount.

The Committee estimated WOTAMISSION crossed the heels of Mr Riddell’s mount when approximately a little over one length ahead.

The Committee was satisfied that Mr McNelis was a Central Districts based rider that had recently ridden in highweight or jumping races in the Waikato district. As he was adamant he would be riding at Te Aroha jumps day on July 9th if he was not suspended, but declined the opportunity to have any suspension deferred until after that fixture to allow that when it was offered.

In considering a penalty the Committee was mindful of the JCA starting point of a 5-day suspension for careless riding. The Committee allowed a one day discount for his good record and admission of the breach, and one further day for what the Committee considered below mid-range carelessness.

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: aa389cff5b04d6f9bffd921e6dabbce8


informantnumber: A9204


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 09/07/2017


hearing_title: Wanganui JC 6 July 2017 - R 5 - Chair, Mr T Bird


charge:


facts:

Following the running of Race 5, G Bristol & Sons 1600m Maiden Highweight (1600), Information No A9204 was filed with the Judicial Committee. It alleged that Mr McNelis allowed his mount WOTAMISSION to shift inwards near the 1400m mark when not clear of HOLLYPOP and ADONIS which were checked.

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

Both Mr McNelis and Mr Gray acknowledged they understood the rule and admitted the alleged breach.

Mr Goodwin demonstrated both the side and head-on film from the turn into the back straight and run to the 1400m mark from the finishing post. He identified Mr McNelis' mount, WOTAMISSION, and race rivals, HOLLYPOP (Mr J Riddell) and ADONIS (Mr S Phelan), which were racing in close proximity and behind WOTAMISSION.

Mr Goodwin said near the 1400m mark and approximately 200m after the start Mr McNelis angled his mount in towards the inside rail when not the required distance clear. He indicated where Mr Riddell was forced to check his mount, going back on Mr Phelan who also checked his mount.

Using the head-on film Mr Goodwin showed McNelis applying pressure on HOLLYPOP when not the required distance clear. Mr Goodwin said Mr Riddell had to take a sharp hold of his mount and came back on Mr Phelan at that point.

Mr Goodwin said Stewards had had discussions with all parties involved in the incident and Mr Riddell had confirmed that Mr McNelis had crossed him when not clear and he had had to check his mount. He added that in his view Mr Phelan had already restrained his mount which was over racing prior to any tightening occurring.

Mr McNelis submitted his mount was racing very keenly at the time of the incident and he that he was attempting to get some cover in a bid to get his mount under control. He added at no time had he heard a call from Mr Riddell that (McNelis) was not clear. In a question from the Committee, Mr McNelis agreed he was not the required distance clear when he crossed.

Mr Gray submitted that WOTAMISSION was a hard puller and in previous races it had over-raced on or near the pace before tiring. Mr Gray said his riding instructions were for McNelis to try and get cover early on to try and get the horse to relax.

Commenting on the video replay, Mr Gray submitted the rider of ADONIS appeared to be in trouble and was checking his horse just prior to Mr Riddell’s mount being checked. He said that made the incident appear worse than it actually was.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The Committee was satisfied that Mr McNelis had ridden carelessly and as the charge was admitted it was deemed to be proved.


sumissionsforpenalty:

Mr Balcombe advised the committee that Mr McNelis had a good riding record and had just one suspension in the previous 12 months. That was for careless riding at Otaki last February. 

He said he believed the interference was mid-range and submitted a suspension would be an appropriate penalty. He did not suggest a quantum number of days, leaving that to the committee to decide.

Mr McNelis said he had riding engagements at the Marton meeting at Awapuni on Saturday and asked for a deferment until after that meeting if a suspension was imposed. He also said he was preparing to ride at Te Aroha on a jumps day on Sunday.


reasonsforpenalty:

The Committee found that Mr McNelis allowed his mount - which at the time was racing rather fiercely - to shift inwards when not the required distance clear near the 1400m mark in the back straight. His actions forced Mr Riddell to check his mount which in turn then went back on Mr Phelan’s mount which was also checked.

When viewing the video footage of the race the Committee observed that Mr McNelis was having some difficulty restraining his mount and this may have contributed to the inwards movement of his mount.

The Committee estimated WOTAMISSION crossed the heels of Mr Riddell’s mount when approximately a little over one length ahead.

The Committee was satisfied that Mr McNelis was a Central Districts based rider that had recently ridden in highweight or jumping races in the Waikato district. As he was adamant he would be riding at Te Aroha jumps day on July 9th if he was not suspended, but declined the opportunity to have any suspension deferred until after that fixture to allow that when it was offered.

In considering a penalty the Committee was mindful of the JCA starting point of a 5-day suspension for careless riding. The Committee allowed a one day discount for his good record and admission of the breach, and one further day for what the Committee considered below mid-range carelessness.


penalty:

Mr McNelis was suspended from riding in races from the end of racing on July 8 up to and including July 20 2017 (3 days).

The days being:
July 9 – Te Aroha (jumps day)
July 15 - Wellington
July 20 – Hastings


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Mr M McNelis - Licensed Apprentice Jockey


Otherperson: Mr K Gray - Licensed Trainer assisting Mr McNelis, Mr N Goodwin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 914d8f32169e42ba09c94331a80f04a9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


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meetid: b56198607dd9b8522e35e2238976b1e3


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meetdate: 06/07/2017


meet_title: Wanganui JC - 6 July 2017


meet_expappcomment:


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tracklocation: wanganui-jc


meet_racingtype: thoroughbred-racing


meet_chair: TBird


meet_pm1: TCastles


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name: Wanganui JC