Archive Decision

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Poverty Bay TC 21 February 2016 – R 1 – Chair, R Seabrook

ID: JCA14647

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr B Hutton, Apprentice rider of COUNTDOWN

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
4584

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638 (1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Poverty Bay TC - 21 February 2016

Meet Chair:
RSeabrook

Meet Committee Member 1:
TCastles

Race Date:
2016/02/21

Race Number:
R1

Decision:

As the breach was admitted we find the charge proved.

Penalty:

The committee has adopted 5 days as the starting point when assessing penalty.  After taking all the above in to account we find the appropriate penalty is a 4 day suspension. 

Accordingly, Mr Hutton is suspended from after racing today, 21 February, until after racing on 28 February 2016 (4 days).  These days include 24 February Avondale, 25th Wairoa, 27th Matamata and 28th Wairoa. 

Facts:

Following race 1, the Allen Trading Co 2000, an information was filed pursuant to rule 638(1)(d) by the informant Mr B Jones.  He alleged that Mr B Hutton, rider of COUNTDOWN, permited his mount to shift inwards when not sufficiently clear forcing PENTIRE BABE inwards crowding ARMANDO which was severely checked near the 700 metres. 

At the commencement of the hearing Mr Hutton confirmed that trainer Mr J Richards had viewed the films and advised him on his evidence, but he was unable to represent him at the hearing.  Mr Hutton said he was happy to proceed on his own.

Mr Oatham demonstrated the video films pointing out COUNTDOWN racing in a 3 wide position approaching the 700 metres.  On his inside was PENTIRE BABE (T Thornton) and racing on the inside of that pair and on the rail was AMANDO (R Eliot).  Mr Oatham said that as they went into the turn COUNTDOWN moved in and crowded PENTIRE BABE forcing that runner into the line of AMANDO which had to be checked sharply.  He conceded that LIPSIPSUC (L Allpress) did  improve up on the outside of COUNTDOWN but submitted that had nothing to do with the check to AMANDO. 

Mr Hutton, in his evidence, said that Mrs Thornton had turned her mount's head in before he himself had moved inwards and believed he was a victim of circumstances.  He added that Mrs Allpress had come round him at the same time contributing to the interference. 

Submissions for Penalty:

Mr Jones stated that Mr Hutton had a relatively good record with two suspensions in the last twelve months.  He submitted that today's breach was in the low to mid range and a suspension of 3 to 4 days would be appropriate. 

Mr Hutton said he had spoken to his manager about his upcoming commitments and confirmed he could start any suspension after today's racing.

Reasons for Penalty:

The committee carefully considered all evidence and submissions.  Mitigating factors are Mr Hutton's admission of the breach, his good record and that LIPSIPSUC may have contributed slightly to the interference.  The incident also occurred on the point of the turn, a position never easy to judge from a rider's perspective.

However these factors have to be balanced against the aggravating one of the check received by AMANDO.  This was caused by Mr Hutton moving in when not the required distance clear of PENTIRE BABE which resulted in that runner being sharply checked. However the committee finds Mr Hutton's carelessness to be in the low range. 

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: 9f3c4122d499b3081593960146826468


informantnumber: 4584


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 22/02/2016


hearing_title: Poverty Bay TC 21 February 2016 - R 1 - Chair, R Seabrook


charge:


facts:

Following race 1, the Allen Trading Co 2000, an information was filed pursuant to rule 638(1)(d) by the informant Mr B Jones.  He alleged that Mr B Hutton, rider of COUNTDOWN, permited his mount to shift inwards when not sufficiently clear forcing PENTIRE BABE inwards crowding ARMANDO which was severely checked near the 700 metres. 

At the commencement of the hearing Mr Hutton confirmed that trainer Mr J Richards had viewed the films and advised him on his evidence, but he was unable to represent him at the hearing.  Mr Hutton said he was happy to proceed on his own.

Mr Oatham demonstrated the video films pointing out COUNTDOWN racing in a 3 wide position approaching the 700 metres.  On his inside was PENTIRE BABE (T Thornton) and racing on the inside of that pair and on the rail was AMANDO (R Eliot).  Mr Oatham said that as they went into the turn COUNTDOWN moved in and crowded PENTIRE BABE forcing that runner into the line of AMANDO which had to be checked sharply.  He conceded that LIPSIPSUC (L Allpress) did  improve up on the outside of COUNTDOWN but submitted that had nothing to do with the check to AMANDO. 

Mr Hutton, in his evidence, said that Mrs Thornton had turned her mount's head in before he himself had moved inwards and believed he was a victim of circumstances.  He added that Mrs Allpress had come round him at the same time contributing to the interference. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Jones stated that Mr Hutton had a relatively good record with two suspensions in the last twelve months.  He submitted that today's breach was in the low to mid range and a suspension of 3 to 4 days would be appropriate. 

Mr Hutton said he had spoken to his manager about his upcoming commitments and confirmed he could start any suspension after today's racing.


reasonsforpenalty:

The committee carefully considered all evidence and submissions.  Mitigating factors are Mr Hutton's admission of the breach, his good record and that LIPSIPSUC may have contributed slightly to the interference.  The incident also occurred on the point of the turn, a position never easy to judge from a rider's perspective.

However these factors have to be balanced against the aggravating one of the check received by AMANDO.  This was caused by Mr Hutton moving in when not the required distance clear of PENTIRE BABE which resulted in that runner being sharply checked. However the committee finds Mr Hutton's carelessness to be in the low range. 


penalty:

The committee has adopted 5 days as the starting point when assessing penalty.  After taking all the above in to account we find the appropriate penalty is a 4 day suspension. 

Accordingly, Mr Hutton is suspended from after racing today, 21 February, until after racing on 28 February 2016 (4 days).  These days include 24 February Avondale, 25th Wairoa, 27th Matamata and 28th Wairoa. 


hearing_type: Hearing


Rules: Rule 638 (1) (d)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr B Hutton, Apprentice rider of COUNTDOWN


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3e9dfa7b049381d418fbf3867174c10c


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


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meetdate: 21/02/2016


meet_title: Poverty Bay TC - 21 February 2016


meet_expappcomment:


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tracklocation: poverty-bay-tc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: TCastles


meet_pm2: none


name: Poverty Bay TC