Archive Decision

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R Te Aroha 18 October 2017 – R 2 – Chair, Mr A Dooley

ID: JCA14593

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr V Colgan - Licensed Jockey

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A9479

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
R Te Aroha - 18 October 2017

Meet Chair:
ADooley

Race Date:
2017/10/18

Race Number:
R2

Decision:

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

Penalty:

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

Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on 23 October and conclude after racing on 4 November 2017 (4 days).

That period of suspension encompasses meetings at

27 October – Counties

28 October – Wellington / Auckland / Christchurch

1 November – Avondale

4 November – Tauranga / Palmerston North

Facts:

Following the running of race 2, Nottingham Castle 2200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Colgan permitted his mount NEDDY NADEEM to shift inwards when not sufficiently clear of THE OTHER HALF which was checked near the 2100 metres.

Mr Colgan acknowledged that he understood the Rule and confirmed his 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 used the available video footage to demonstrate the incident. He identified that near the 2100 metres Mr Colgan allowed his mount to shift in when only a bare length clear of THE OTHER HALF. He said this resulted in Mrs Thornton having to check her mount quite sharply to avoid the heels of Mr Colgan’s mount. He identified that THE OTHER HALF didn’t react well to the incident and the horse continued to over race after being checked.

Mr Colgan stated that he thought he was clear when shifting in and he didn’t realise that Mrs Thornton's mount had caused her so much trouble.

Submissions for Penalty:

Mr Williamson produced Mr Colgan’s record which showed 3 previous breaches under this Rule in the last 12 months. He said the breach was in the low to mid-range and submitted a suspension in line with that. He added that Mr Colgan has no history of riding on industry days in the Central Districts.

Mr Colgan advised the Committee that he had engagements up to and including 23 October and sought a deferment to fulfil those engagements.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension.

There were no aggravating factors.

The mitigating factors were Mr Colgan’s admission of the breach and the level of carelessness was in the low to mid-range. For these collective factors Mr Colgan was afforded a reduction of 1 day.

The Committee categorised Mr Colgan’s record as average and a neutral factor.

The Committee had regard for the race meetings included in Mr Colgan’s suspension.

Mr Colgan acknowledged that he has no history of riding in the Central Districts on industry days.

After taking into account all the above factors the Committee considered an appropriate suspension was 4 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: 97c28435f4c6058c4f27697cce6e5e84


informantnumber: A9479


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 18/10/2017


hearing_title: R Te Aroha 18 October 2017 - R 2 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 2, Nottingham Castle 2200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Colgan permitted his mount NEDDY NADEEM to shift inwards when not sufficiently clear of THE OTHER HALF which was checked near the 2100 metres.

Mr Colgan acknowledged that he understood the Rule and confirmed his 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 used the available video footage to demonstrate the incident. He identified that near the 2100 metres Mr Colgan allowed his mount to shift in when only a bare length clear of THE OTHER HALF. He said this resulted in Mrs Thornton having to check her mount quite sharply to avoid the heels of Mr Colgan’s mount. He identified that THE OTHER HALF didn’t react well to the incident and the horse continued to over race after being checked.

Mr Colgan stated that he thought he was clear when shifting in and he didn’t realise that Mrs Thornton's mount had caused her so much trouble.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Williamson produced Mr Colgan’s record which showed 3 previous breaches under this Rule in the last 12 months. He said the breach was in the low to mid-range and submitted a suspension in line with that. He added that Mr Colgan has no history of riding on industry days in the Central Districts.

Mr Colgan advised the Committee that he had engagements up to and including 23 October and sought a deferment to fulfil those engagements.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension.

There were no aggravating factors.

The mitigating factors were Mr Colgan’s admission of the breach and the level of carelessness was in the low to mid-range. For these collective factors Mr Colgan was afforded a reduction of 1 day.

The Committee categorised Mr Colgan’s record as average and a neutral factor.

The Committee had regard for the race meetings included in Mr Colgan’s suspension.

Mr Colgan acknowledged that he has no history of riding in the Central Districts on industry days.

After taking into account all the above factors the Committee considered an appropriate suspension was 4 days.


penalty:

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

Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on 23 October and conclude after racing on 4 November 2017 (4 days).

That period of suspension encompasses meetings at

27 October – Counties

28 October – Wellington / Auckland / Christchurch

1 November – Avondale

4 November – Tauranga / Palmerston North


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr V Colgan - Licensed Jockey


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 83303705ba57bc85b7262c9cc31bdd11


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: f211a4bc31136882b4d0b55a348227d0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/10/2017


meet_title: R Te Aroha - 18 October 2017


meet_expappcomment:


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tracklocation: r-te-aroha-


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: R Te Aroha