Archive Decision

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Canterbury R 28 January 2017 – R 2 – Chair, Mr D Anderson

ID: JCA14820

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr P Shaikh - Apprentice Rider, Mr Matthew Pitman - Licensed Trainer assisting Mr Shaikh

Information Number:
A8111

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 28 January 2017

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/01/28

Race Number:
R2

Decision:

The charge was found to be proved.

Penalty:

We therefore determined that Mr Shaikh's licence be suspended from the conclusion of racing 8 February 2017 up and including 18 February 2017. This term of suspension commences from the end of the suspension which he incurred earlier today. This suspension encompasses the days’ racing at Riccarton (11 February 2017) Riccarton (16 February 2017) and Invercargill (18 February 2017).

Facts:

Following the running of race 2, the “Fasttrack Insurance Added Stake Maiden”, Stipendiary Steward, Mr M Davidson filed an Information alleging a breach of rule 638(1)(d). The Information stated that “P Shaikh ‘Susie Wolff’ shifted inwards near the 1000m when not clear checking L Callaway ‘Cielito Lindo’”.

Rule 638(1)(d) reads as follows:

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

(d) careless”

Mr Shaikh had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Shaikh also agreed that he understood the charge and the Rule it was brought under.

Submissions for Decision:

Mr Davidson used the race film to identify Mr Shaikh riding ‘Susie Wolff’ who was in mid-field and three wide. At approximately the 1000m Mr Davidson said Mr Shaikh shifted into the racing line of Mr Callaway ‘Cielito Lindo’ who was one off the rail and had to take a strong hold and check his horse. Mr Davidson said that Mr Shaikh was barely a length clear when shifting in.

Mr Davidson then called Mr Callaway and asked for his version of the incident. He said that he was checked badly by Mr Shaikh and that ‘Susie Wolff’ had taken his rightful position.

Both Mr Shaikh and Mr Pitman used the available videos to show that Mr Shaikh was racing in tight quarters with some pressure coming from ‘Windermere Lass’ (C Spittles) to his outside.Mr Pittman also pointed to ‘Susie Wolff’s’ head being turned out slightly which he suggested was Mr Shaikh trying to relieve pressure on Mr Callaway. Mr Davidson felt there may have been some pressure from Miss Spittles.

Reasons for Decision:

The Committee has reviewed films of the incident and considered all the facts presented. The films clearly show that at approximately 1000m Mr Shaikh has moved into the racing line of ‘Cielito Lindo’ when not his length and another length clear, causing Mr Callaway to check. We believe that Mr Shaikh was in tight quarters and received some inward pressure from Miss Spittles but when Mr Shaikh had clear air he didn’t take the opportunity to give relief and went on to take Mr Callaway’s position one off the rail.

Submissions for Penalty:

Mr Davidson said Mr Shaikh has had three suspensions in the previous 12 months - on 24 June 2016 at Riccarton receiving 3 days and on 1 January 2017 at Waikouaiti where he had two breaches, receiving 2 days for each breach. Mr Davidson considered this incident to be mid-range. Mr Davidson then addressed the fact this was Mr Shaikh’s second breach today in the same race. He made the comment that Mr Shaikh’s record was deteriorating quickly.

After a lengthy discussion with all parties Mr Davidson said that the Stewards would ask the Committee to consider imposing another suspension of 3 days. He said that this would be a concession, mutually agreed, if Mr Shaikh undertakes to seek help and is monitored closely by the Skills Committee.

Mr Pitman finished by saying “Mr Shaikh had been before the Stewards in the past for being a touch uncompetitive and that we are now seeing the flip side where Mr Shaikh is perhaps a little too competitive”.

Reasons for Penalty:

The Committee listened carefully to the discussion between the parties. There needs to be an appropriate penalty and we are mindful consistency is an important factor in our reasoning. We believe that a combined suspension of three weeks for a South Island rider is significant but fair. We therefore determined Mr Shaikh is suspended for three days for this breach.

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: 7f6afef0761a59cc7bbf87ce3c903888


informantnumber: A8111


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: denied


penaltyrequired: 1


decisiondate: 01/02/2017


hearing_title: Canterbury R 28 January 2017 - R 2 - Chair, Mr D Anderson


charge:


facts:

Following the running of race 2, the “Fasttrack Insurance Added Stake Maiden”, Stipendiary Steward, Mr M Davidson filed an Information alleging a breach of rule 638(1)(d). The Information stated that “P Shaikh ‘Susie Wolff’ shifted inwards near the 1000m when not clear checking L Callaway ‘Cielito Lindo’”.

Rule 638(1)(d) reads as follows:

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

(d) careless”

Mr Shaikh had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Shaikh also agreed that he understood the charge and the Rule it was brought under.


appealdecision:


isappeal:


submissionsfordecision:

Mr Davidson used the race film to identify Mr Shaikh riding ‘Susie Wolff’ who was in mid-field and three wide. At approximately the 1000m Mr Davidson said Mr Shaikh shifted into the racing line of Mr Callaway ‘Cielito Lindo’ who was one off the rail and had to take a strong hold and check his horse. Mr Davidson said that Mr Shaikh was barely a length clear when shifting in.

Mr Davidson then called Mr Callaway and asked for his version of the incident. He said that he was checked badly by Mr Shaikh and that ‘Susie Wolff’ had taken his rightful position.

Both Mr Shaikh and Mr Pitman used the available videos to show that Mr Shaikh was racing in tight quarters with some pressure coming from ‘Windermere Lass’ (C Spittles) to his outside.Mr Pittman also pointed to ‘Susie Wolff’s’ head being turned out slightly which he suggested was Mr Shaikh trying to relieve pressure on Mr Callaway. Mr Davidson felt there may have been some pressure from Miss Spittles.


reasonsfordecision:

The Committee has reviewed films of the incident and considered all the facts presented. The films clearly show that at approximately 1000m Mr Shaikh has moved into the racing line of ‘Cielito Lindo’ when not his length and another length clear, causing Mr Callaway to check. We believe that Mr Shaikh was in tight quarters and received some inward pressure from Miss Spittles but when Mr Shaikh had clear air he didn’t take the opportunity to give relief and went on to take Mr Callaway’s position one off the rail.


Decision:

The charge was found to be proved.


sumissionsforpenalty:

Mr Davidson said Mr Shaikh has had three suspensions in the previous 12 months - on 24 June 2016 at Riccarton receiving 3 days and on 1 January 2017 at Waikouaiti where he had two breaches, receiving 2 days for each breach. Mr Davidson considered this incident to be mid-range. Mr Davidson then addressed the fact this was Mr Shaikh’s second breach today in the same race. He made the comment that Mr Shaikh’s record was deteriorating quickly.

After a lengthy discussion with all parties Mr Davidson said that the Stewards would ask the Committee to consider imposing another suspension of 3 days. He said that this would be a concession, mutually agreed, if Mr Shaikh undertakes to seek help and is monitored closely by the Skills Committee.

Mr Pitman finished by saying “Mr Shaikh had been before the Stewards in the past for being a touch uncompetitive and that we are now seeing the flip side where Mr Shaikh is perhaps a little too competitive”.


reasonsforpenalty:

The Committee listened carefully to the discussion between the parties. There needs to be an appropriate penalty and we are mindful consistency is an important factor in our reasoning. We believe that a combined suspension of three weeks for a South Island rider is significant but fair. We therefore determined Mr Shaikh is suspended for three days for this breach.


penalty:

We therefore determined that Mr Shaikh's licence be suspended from the conclusion of racing 8 February 2017 up and including 18 February 2017. This term of suspension commences from the end of the suspension which he incurred earlier today. This suspension encompasses the days’ racing at Riccarton (11 February 2017) Riccarton (16 February 2017) and Invercargill (18 February 2017).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr P Shaikh - Apprentice Rider, Mr Matthew Pitman - Licensed Trainer assisting Mr Shaikh


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e5781074cd356c3506cd758c27d08fc6


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: 2271918b25cbc69d7b5890042bf30020


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/01/2017


meet_title: Canterbury Racing - 28 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: DAnderson


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing