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R Te Aroha 18 July 2018 – R 7 – Chair, Mr A Dooley

ID: JCA14504

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr V Colgan - Class A Rider of CAMPOBASSO

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A09654

Hearing Type:
Hearing

New Charge:
Failed to ride out to the end of the race

Rules:
636(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 18 July 2018

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2018/07/18

Race Number:
R7

Decision:

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

Penalty:

Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on 21 July and conclude after racing on 8 August 2018.

The July 22 race meeting at Oamaru was not included in the penalty because the declaration of riders had closed.

Facts:

Following the running of race 7, Thunder Down Under 1600, an Information was filed pursuant to Rule 636(1)(d). The Informant, Mr Jones, alleged that Mr Colgan failed to ride his mount CAMPOBASSO out fully to the end of the race when (there is) a reasonable chance of finishing in second placing.

Mr Colgan acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 636(1) (d) provides: 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.

This hearing commenced after the last race at the request of Mr Colgan.

Mr Oatham advised the Committee the official margin between 2nd and 3rd was a short neck. He said CAMPOBASSO finished in 3rd position.

Mr Oatham demonstrated the incident using the available video footage. He identified Mr Colgan and showed that at the 100 metres CAMPOBASSO was comfortably holding 2nd place by about 1 ½ lengths over VELVETEEN. He said Mr Colgan relaxed his ride for close to 3 strides before he rides his mount forward again prior to the finish line. He said it was difficult to gauge how much momentum CAMPOBASSO had lost when Mr Colgan relaxed his ride. However, he said it was clear that VELVETEEN was finishing the race off strongly in the heavy track conditions prior to Mr Colgan sitting up on his mount.

Mr Colgan said that he fully admitted he sat up on his mount for a few strides before riding his mount out again with vigour when VELVETEEN came into his vision. He said the incident was a lack of judgement on his part and felt his mount did not lose any momentum. He was of the view that VELVETEEN was always going to beat his mount as it was finishing strongly at the finish.

Submissions for Penalty:

Mr Jones said that Mr Colgan had a clear record under this Rule and he admitted the breach. He referred the Committee to two recent decisions under this Rule namely Ms Wynne and Mr Johnson where they both had incurred a 3 week suspension.

He said the Stewards were not definitively saying that CAMPOBASSO would have finished in 2nd place but under the Rules Mr Colgan has an obligation to ride his mounts out to the end of the race. The Stewards submitted that a suspension in the range of 2 to 3 weeks would be appropriate given the factors in this case.

Mr Colgan said that any proposed suspension could start after racing on 21 July where he had firm engagements.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The Penalty Guide for Judicial Committees has a sliding scale for breaches of this Rule. The starting point relates to the potential placing deemed to have been lost as a result of the breach. A rider potentially missing out on 2nd place faces a starting point of 4 weeks suspension which was adopted in this case.

The Committee reviewed the video footage of the incident. We observed that at the 100 metres CAMPOBASSO was clearly holding 2nd place by 1 ½ lengths and Mr Colgan was riding his mount with vigour. At the 50 metres VELVETEEN had made up ground quickly to get within ¾ of a length of CAMPOBASSO. It was evident that passing the 50 metres Mr Colgan stood up in the saddle and relaxed his ride for 2 to 3 strides. To his credit once realising his error Mr Colgan rode his mount out with vigour for the final 3 strides of the race. It is accepted that VELVETEEN was finishing the race off strongly however, Mr Colgan has an obligation under the Rules to ride his mount out to the end of the race and he must leave no doubt to the outcome of the race. It is a well-known fact in the racing industry that when a horse has been ridden out and fully extended, and then it ceases to be ridden out, it will relax rather quickly and shorten stride especially in the heavy track conditions that existed today. We are satisfied this breach was an error of judgement and there was no intent on Mr Colgan’s part.

The Committee notes that the circumstances of this charge do vary from the Wynne and Johnson breaches of this Rule. In both of those cases their respective riders denied the breach and the official margin they were each beaten was a nose. In this case it was a short neck.

The mitigating factors were Mr Colgan’s admission of the breach, his clear record under this Rule and we assess the degree of culpability as low range. For these combined factors Mr Colgan was afforded a reduction in penalty.

After taking into account all the above factors the Committee considered that a suspension of 2 ½ weeks would be 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: 8af8cb7a23d48776a276f7d71f7a4b8e


informantnumber: A09654


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to ride out to the end of the race


plea: admitted


penaltyrequired: 1


decisiondate: 19/07/2018


hearing_title: R Te Aroha 18 July 2018 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Thunder Down Under 1600, an Information was filed pursuant to Rule 636(1)(d). The Informant, Mr Jones, alleged that Mr Colgan failed to ride his mount CAMPOBASSO out fully to the end of the race when (there is) a reasonable chance of finishing in second placing.

Mr Colgan acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 636(1) (d) provides: 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.

This hearing commenced after the last race at the request of Mr Colgan.

Mr Oatham advised the Committee the official margin between 2nd and 3rd was a short neck. He said CAMPOBASSO finished in 3rd position.

Mr Oatham demonstrated the incident using the available video footage. He identified Mr Colgan and showed that at the 100 metres CAMPOBASSO was comfortably holding 2nd place by about 1 ½ lengths over VELVETEEN. He said Mr Colgan relaxed his ride for close to 3 strides before he rides his mount forward again prior to the finish line. He said it was difficult to gauge how much momentum CAMPOBASSO had lost when Mr Colgan relaxed his ride. However, he said it was clear that VELVETEEN was finishing the race off strongly in the heavy track conditions prior to Mr Colgan sitting up on his mount.

Mr Colgan said that he fully admitted he sat up on his mount for a few strides before riding his mount out again with vigour when VELVETEEN came into his vision. He said the incident was a lack of judgement on his part and felt his mount did not lose any momentum. He was of the view that VELVETEEN was always going to beat his mount as it was finishing strongly at the finish.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Jones said that Mr Colgan had a clear record under this Rule and he admitted the breach. He referred the Committee to two recent decisions under this Rule namely Ms Wynne and Mr Johnson where they both had incurred a 3 week suspension.

He said the Stewards were not definitively saying that CAMPOBASSO would have finished in 2nd place but under the Rules Mr Colgan has an obligation to ride his mounts out to the end of the race. The Stewards submitted that a suspension in the range of 2 to 3 weeks would be appropriate given the factors in this case.

Mr Colgan said that any proposed suspension could start after racing on 21 July where he had firm engagements.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The Penalty Guide for Judicial Committees has a sliding scale for breaches of this Rule. The starting point relates to the potential placing deemed to have been lost as a result of the breach. A rider potentially missing out on 2nd place faces a starting point of 4 weeks suspension which was adopted in this case.

The Committee reviewed the video footage of the incident. We observed that at the 100 metres CAMPOBASSO was clearly holding 2nd place by 1 ½ lengths and Mr Colgan was riding his mount with vigour. At the 50 metres VELVETEEN had made up ground quickly to get within ¾ of a length of CAMPOBASSO. It was evident that passing the 50 metres Mr Colgan stood up in the saddle and relaxed his ride for 2 to 3 strides. To his credit once realising his error Mr Colgan rode his mount out with vigour for the final 3 strides of the race. It is accepted that VELVETEEN was finishing the race off strongly however, Mr Colgan has an obligation under the Rules to ride his mount out to the end of the race and he must leave no doubt to the outcome of the race. It is a well-known fact in the racing industry that when a horse has been ridden out and fully extended, and then it ceases to be ridden out, it will relax rather quickly and shorten stride especially in the heavy track conditions that existed today. We are satisfied this breach was an error of judgement and there was no intent on Mr Colgan’s part.

The Committee notes that the circumstances of this charge do vary from the Wynne and Johnson breaches of this Rule. In both of those cases their respective riders denied the breach and the official margin they were each beaten was a nose. In this case it was a short neck.

The mitigating factors were Mr Colgan’s admission of the breach, his clear record under this Rule and we assess the degree of culpability as low range. For these combined factors Mr Colgan was afforded a reduction in penalty.

After taking into account all the above factors the Committee considered that a suspension of 2 ½ weeks would be appropriate.


penalty:

Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on 21 July and conclude after racing on 8 August 2018.

The July 22 race meeting at Oamaru was not included in the penalty because the declaration of riders had closed.


hearing_type: Hearing


Rules: 636(1)(d)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr V Colgan - Class A Rider of CAMPOBASSO


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 75def9fe2e57abed30f9285e1e3e987f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


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meetdate: 18/07/2018


meet_title: Racing Te Aroha - 18 July 2018


meet_expappcomment:


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tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


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name: Racing Te Aroha