Archive Decision

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Canterbury JC 15 February 2018 – R 8 – Chair, Mr S Ching

ID: JCA14794

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr R Cuneen - Class A Rider

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A7727

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 15 February 2018

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/02/15

Race Number:
R 8

Decision:

As Mr Cuneen had admitted the breach, the charge was found proved.

Penalty:

Mr Cuneen’s Class A Jockeys licence suspended from the conclusion of racing 17 February up to and including 1 March 2018.

Facts:

Following the running of Race 8, the Christchurch Casino Rating 85, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr R Cuneen, alleging careless riding in that he allowed his mount RED RIVER ROCK to shift in crowding and checking SATIN GURU near the 300m.

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Cuneen had indicated on the Information that this breach of the Rules was admitted. Mr Cuneen informed the Committee by telephone that he admitted the breach and did not wish to be present at the hearing.

Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and used video coverage to show that nearing the 300m, RED RIVER ROCK, ridden by Mr Cuneen, was racing towards the outside of the track with SATIN GURU, ridden by Mr C Campbell, positioned on his inner and about to take advantage of a gap on the inside of RED RIVER ROCK. Mr Oatham explained that as Mr Campbell improved into the gap available to him, Mr Cuneen , when riding his mount out, shifts in and takes the rightful line of Mr Campbell, who had to check. Mr Oatham said that Mr Cuneen was only ¾ of a length in front of Mr Campbell when he shifted in causing SATIN GURU to check. Mr Oatham stated Mr Cuneen had taken the run that Mr Campbell was entitled to. He submitted that the breach was at a low level.

Submissions for Penalty:

Mr Davidson stated that Mr Cuneen’s penalty record showed 2 breaches of this rule in the previous months being at Riccarton on 15 November 2017 where he was suspended for 8 National days in a Group 3 event and a further 10 National day suspension at Tapanui where a relegation took place. He stated that the breach was low-range and with the JCA Penalty Guide providing a 6 National day starting point for a low-range breach, an uplift in penalty should be considered due to Mr Cuneen’s penalty record.

Deferment was discussed with Mr Cuneen who requested the penalty begin as soon as possible after the Invercargill meeting on 17 February where rider declarations had closed.

Reasons for Penalty:

The JCA Penalty Guide starting point for a low-range breach of this rule is a 6 National day suspension. The Committee, agreed with the Stewards and assessed this breach as low-range, determining that a 6-day starting point was appropriate. The only aggravating factor was Mr Cuneen’s record which showed 2 breaches of this rule within the past 3 months. This factor, we determined, warranted an uplift in penalty, which we set at 2 days. We were however able to afford Mr Cuneen a discount for his frank admission of the breach which we set at 1 day. We therefore determined that a 7 National-day suspension was an appropriate penalty in this case.

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: 7cf57dc527604059aae872fff9d20b46


informantnumber: A7727


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 19/02/2018


hearing_title: Canterbury JC 15 February 2018 - R 8 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 8, the Christchurch Casino Rating 85, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr R Cuneen, alleging careless riding in that he allowed his mount RED RIVER ROCK to shift in crowding and checking SATIN GURU near the 300m.

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Cuneen had indicated on the Information that this breach of the Rules was admitted. Mr Cuneen informed the Committee by telephone that he admitted the breach and did not wish to be present at the hearing.

Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and used video coverage to show that nearing the 300m, RED RIVER ROCK, ridden by Mr Cuneen, was racing towards the outside of the track with SATIN GURU, ridden by Mr C Campbell, positioned on his inner and about to take advantage of a gap on the inside of RED RIVER ROCK. Mr Oatham explained that as Mr Campbell improved into the gap available to him, Mr Cuneen , when riding his mount out, shifts in and takes the rightful line of Mr Campbell, who had to check. Mr Oatham said that Mr Cuneen was only ¾ of a length in front of Mr Campbell when he shifted in causing SATIN GURU to check. Mr Oatham stated Mr Cuneen had taken the run that Mr Campbell was entitled to. He submitted that the breach was at a low level.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cuneen had admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Davidson stated that Mr Cuneen’s penalty record showed 2 breaches of this rule in the previous months being at Riccarton on 15 November 2017 where he was suspended for 8 National days in a Group 3 event and a further 10 National day suspension at Tapanui where a relegation took place. He stated that the breach was low-range and with the JCA Penalty Guide providing a 6 National day starting point for a low-range breach, an uplift in penalty should be considered due to Mr Cuneen’s penalty record.

Deferment was discussed with Mr Cuneen who requested the penalty begin as soon as possible after the Invercargill meeting on 17 February where rider declarations had closed.


reasonsforpenalty:

The JCA Penalty Guide starting point for a low-range breach of this rule is a 6 National day suspension. The Committee, agreed with the Stewards and assessed this breach as low-range, determining that a 6-day starting point was appropriate. The only aggravating factor was Mr Cuneen’s record which showed 2 breaches of this rule within the past 3 months. This factor, we determined, warranted an uplift in penalty, which we set at 2 days. We were however able to afford Mr Cuneen a discount for his frank admission of the breach which we set at 1 day. We therefore determined that a 7 National-day suspension was an appropriate penalty in this case.


penalty:

Mr Cuneen’s Class A Jockeys licence suspended from the conclusion of racing 17 February up to and including 1 March 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr R Cuneen - Class A Rider


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 247c224e7901aeb40d585efaf087bf74


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1f33a72f7c4026463b6e42fcf3d74289


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/02/2018


meet_title: Canterbury JC - 15 February 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury JC