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R Tauranga 22 March 2014 – R 1

ID: JCA14743

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr J Oliver - Licensed Apprentice Jockey

Other Person:
Mr B McKeagg - assisting Mr Oliver, Mr R Neal - Co-Chief Stipendiary Steward

Information Number:
A6031

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 22 March 2014

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2014/03/22

Race Number:
R1

Decision:

As Mr Oliver admitted the breach we find the charge proved.

Penalty:

We grant Mr Oliver’s request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Oliver which will commence after racing on 29 March and conclude after racing on 5 April 2014 (5 North Island days).

Facts:

Following the running of race 1, Gilmours Tauranga 1300, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Williamson, alleged that passing the 1200 metres Mr J Oliver (ROGART) permitted his mount to shift in, when not clear of RUBEE which was dictated inwards into the line of BECKINSALE (Mr Du Plessis) which had to check.

Mr Oliver acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr McKeagg assisted Mr Oliver at the hearing.

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

Mr Neal identified on the video films that ROGART was racing in a 6 wide position shortly after the start with RUBEE on his inside and BECKINSALE to her inside. Mr Neal demonstrated where Mr Oliver attempted to obtain a run closer to the running rail. In doing so Mr Oliver took the rightful running line of RUBEE when only a bare length clear of that runner. This resulted in RUBEE being forced in which took the running line of BECKINSALE causing Mr Du Plessis to check his mount and lose 2 to 3 lengths.

Mr Oliver admitted to the Committee that he crossed over too early.

Mr McKeagg stated the incident was caused by an error of judgement rather than one of careless riding. He submitted Mr Oliver would learn from the experience and said the carelessness was minor.

Submissions for Penalty:

Mr Williamson produced Mr Oliver’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being in February 2014 which incurred a 5 day suspension. He said the Stewards believed today’s carelessness was at the low end but the consequences were BECKINSALE lost 2 to 3 lengths in the incident.

Mr Oliver advised that he had upcoming commitments at Ellerslie on 29 March, and any proposed suspension could commence after that.

Mr McKeagg expressed concerns that Mr Oliver may become disillusioned if he was suspended on too many occasions. He believed in a case like this a warning would be more beneficial.

Mr Williamson advised Mr McKeagg that Mr Oliver has been given 3 warnings in the last 12 months.

Mr Oliver confirmed that he rode only in the North Island.

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 Mr Oliver’s admission of the breach and we assess the level of carelessness as low range. The aggravating facts are BECKINSALE lost about 3 lengths through Mr Oliver being only a bare length clear when moving in.

We assess Mr Oliver’s record as only average because of his limited riding opportunities relevant to the number of suspensions he has incurred 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: 7690b7071201c33850899e805d17d4eb


informantnumber: A6031


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 21/03/2014


hearing_title: R Tauranga 22 March 2014 - R 1


charge:


facts:

Following the running of race 1, Gilmours Tauranga 1300, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Williamson, alleged that passing the 1200 metres Mr J Oliver (ROGART) permitted his mount to shift in, when not clear of RUBEE which was dictated inwards into the line of BECKINSALE (Mr Du Plessis) which had to check.

Mr Oliver acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr McKeagg assisted Mr Oliver at the hearing.

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

Mr Neal identified on the video films that ROGART was racing in a 6 wide position shortly after the start with RUBEE on his inside and BECKINSALE to her inside. Mr Neal demonstrated where Mr Oliver attempted to obtain a run closer to the running rail. In doing so Mr Oliver took the rightful running line of RUBEE when only a bare length clear of that runner. This resulted in RUBEE being forced in which took the running line of BECKINSALE causing Mr Du Plessis to check his mount and lose 2 to 3 lengths.

Mr Oliver admitted to the Committee that he crossed over too early.

Mr McKeagg stated the incident was caused by an error of judgement rather than one of careless riding. He submitted Mr Oliver would learn from the experience and said the carelessness was minor.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Oliver admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Oliver’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being in February 2014 which incurred a 5 day suspension. He said the Stewards believed today’s carelessness was at the low end but the consequences were BECKINSALE lost 2 to 3 lengths in the incident.

Mr Oliver advised that he had upcoming commitments at Ellerslie on 29 March, and any proposed suspension could commence after that.

Mr McKeagg expressed concerns that Mr Oliver may become disillusioned if he was suspended on too many occasions. He believed in a case like this a warning would be more beneficial.

Mr Williamson advised Mr McKeagg that Mr Oliver has been given 3 warnings in the last 12 months.

Mr Oliver confirmed that he rode only in the North Island.


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 Mr Oliver’s admission of the breach and we assess the level of carelessness as low range. The aggravating facts are BECKINSALE lost about 3 lengths through Mr Oliver being only a bare length clear when moving in.

We assess Mr Oliver’s record as only average because of his limited riding opportunities relevant to the number of suspensions he has incurred 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 Mr Oliver’s request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Oliver which will commence after racing on 29 March and conclude after racing on 5 April 2014 (5 North Island days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr J Oliver - Licensed Apprentice Jockey


Otherperson: Mr B McKeagg - assisting Mr Oliver, Mr R Neal - Co-Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 4b49cc6829497f90ffa196b12794a7c1


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


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race_chair:


race_pm1:


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meetid: 46995869ecb4c067c7a7edaede405e71


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meetdate: 22/03/2014


meet_title: Racing Tauranga - 22 March 2014


meet_expappcomment:


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tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Racing Tauranga