Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Taupo RC 19 September 2014 – R 2

ID: JCA14343

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Miss K Myers - Rider of LE'VANTOS

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A4144

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taupo RC - 19 September 2014

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2014/09/19

Race Number:
R2

Decision:

As Miss K Myers admitted the breach we find the charge proved.

Penalty:

We grant Miss K Myers' request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Miss K Myers which will commence after racing on 24 September and conclude after racing on 2 October (5 North Island days).

Facts:

Following the running of race 2, Carters Building Supplies 1800, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Miss K Myers permitted her mount LE’VANTOS to shift outwards when not sufficiently clear of GOODN’TARG which was checked near the 175 metres.

Miss K Myers acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach.

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

Mr Oatham identified on the video films LEVANTOS near the 200 metre mark shifted out 2 to 3 horse widths and in doing so took the running line of GOODN’TARG when only a bare length clear. He said in mitigation KOORRABYE ridden by Miss R Myers had also shifted ground outwards and LEVANTOS appeared to shift away from that runner.

Miss K Myers said her mount reacted to the outward movement of KOORRABYE. She added that her mount was racing with its head down low and she didn’t realise GOODN’TARG was racing directly behind her.

Submissions for Penalty:

Mr Coles produced Miss K Myers' record which showed 5 previous breaches under this Rule in the last 12 months. He said that her recent record has been “reasonably good” with no prior breach in the last 6 months. He noted the mitigating circumstances in this case which were identified by Mr Oatham on the video films. However he said Miss K Myers could have stopped riding forward and straighten her mount. Mr Coles submitted a 4 to 5 day suspension would be appropriate.

Miss K Myers advised that she had upcoming engagements at Matamata on 24 September, and sought a deferment to any proposed suspension.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Miss K Myers' admission of the breach and the level of carelessness is assessed as low end. The aggravating fact is Miss K Myers' poor record with today being her 6th breach of this Rule in the last 12 months.

After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.

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: 77fd83cb2ab0c1d5155a75303e741fd0


informantnumber: A4144


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 19/09/2014


hearing_title: Taupo RC 19 September 2014 - R 2


charge:


facts:

Following the running of race 2, Carters Building Supplies 1800, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Miss K Myers permitted her mount LE’VANTOS to shift outwards when not sufficiently clear of GOODN’TARG which was checked near the 175 metres.

Miss K Myers acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach.

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

Mr Oatham identified on the video films LEVANTOS near the 200 metre mark shifted out 2 to 3 horse widths and in doing so took the running line of GOODN’TARG when only a bare length clear. He said in mitigation KOORRABYE ridden by Miss R Myers had also shifted ground outwards and LEVANTOS appeared to shift away from that runner.

Miss K Myers said her mount reacted to the outward movement of KOORRABYE. She added that her mount was racing with its head down low and she didn’t realise GOODN’TARG was racing directly behind her.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss K Myers admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Coles produced Miss K Myers' record which showed 5 previous breaches under this Rule in the last 12 months. He said that her recent record has been “reasonably good” with no prior breach in the last 6 months. He noted the mitigating circumstances in this case which were identified by Mr Oatham on the video films. However he said Miss K Myers could have stopped riding forward and straighten her mount. Mr Coles submitted a 4 to 5 day suspension would be appropriate.

Miss K Myers advised that she had upcoming engagements at Matamata on 24 September, and sought a deferment to any proposed suspension.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Miss K Myers' admission of the breach and the level of carelessness is assessed as low end. The aggravating fact is Miss K Myers' poor record with today being her 6th breach of this Rule in the last 12 months.

After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.


penalty:

We grant Miss K Myers' request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Miss K Myers which will commence after racing on 24 September and conclude after racing on 2 October (5 North Island days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Miss K Myers - Rider of LE'VANTOS


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 406954375ee5d2c056eb26f593a43f26


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1c83755bf3811a1211107344abb48635


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/09/2014


meet_title: Taupo RC - 19 September 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taupo-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Taupo RC