Archive Decision

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Auckland RC 1 January 2011 – R 9

ID: JCA14898

Applicant:
Mr C George

Respondent(s):
Mr D Bradley

Information Number:
398

Hearing Type:
Hearing

Rules:
638 (1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 1 January 2011

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Meet Committee Member 2:
GTankard

Race Date:
2011/01/01

Race Number:
R9

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Accordingly we impose a suspension on Mr Bradley from riding in races which is to follow on from his earlier suspension which concluded on 12 January 2011.  This means this suspension is to start after racing on 12 January and conclude after racing on 19 January 2011 (5 riding days).  In addition we impose a fine of $500.

Charge:

Careless Riding.

Facts:

Mr Oatham demonstrated the video films and pointed out to the committee SHOWCAUSE, ridden by Mr D Bradley, racing in a 4 wide position approaching the 1700 metres.  From this point and approaching the turn out of the straight, Mr Bradley allowed his mount to shift in to a 3 wide position.  It was clearly evident on the films that Mr Bradley was insufficiently clear of NATSINGA (H Kasim) when moving in. 

Submissions for Decision:

Mr Oatham said that as a result of SHOWCAUSE coming in from a 4 wide position to one of 3 wide, this resulted in NATSINGA being taken in and into the line of DAWN GHOST .(D Johnson) which received quite a severe check.

Mr Bradley stated after seeing the films he agreed he had been careless and had not given Mr Kasim enough room when moving in. 

Submissions for Penalty:

Mr George reminded the committee this was a Group 2 race with a stake of $100,000.  He said Mr Bradley had gained an advantage by moving in to a 3 wide position when he was not entitled to do so.  He submitted a suspension of 5 - 6 days and a fine of $500 - $1000 would be appropriate. 

Mr Bradley said he did not agree he had gained an advantage by moving in one horse width.  He submitted a fine as well as a suspension would be unfair. 

Reasons for Penalty:

The committee carefully considered all evidence and submissions.  To Mr Bradley's credit he has admitted the breach and his record is excellent although he has already incurred a 4 day suspension in race 7.  Aggravating factors are the status of the race being a Group 2 and the relatively severe check received by DAWN GHOST through Mr Bradley's carelessness.  The committee is satisfied Mr Bradley did gain an advantage at a stage of the race when he was not entitled to.  A suspension and a fine for the one breach should only be used in special circumstances.  We have considered Mr George's submission that a fine of $500 - $1000 should be imposed in the case of Mr Bradley.  The committee is satisfied that a fine at the low end of what Mr George has submitted is appropriate.  The combined penalty of a fine and a suspension should not amount to a higher penalty than one which would have been imposed with riding days only.  However it is there to act as a deterrent in races such as this which is the committee's reason for agreeing to the submission.

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: 8910727c6c78c3a12dcd9ee2103bd9b6


informantnumber: 398


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Auckland RC 1 January 2011 - R 9


charge:

Careless Riding.


facts:

Mr Oatham demonstrated the video films and pointed out to the committee SHOWCAUSE, ridden by Mr D Bradley, racing in a 4 wide position approaching the 1700 metres.  From this point and approaching the turn out of the straight, Mr Bradley allowed his mount to shift in to a 3 wide position.  It was clearly evident on the films that Mr Bradley was insufficiently clear of NATSINGA (H Kasim) when moving in. 


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham said that as a result of SHOWCAUSE coming in from a 4 wide position to one of 3 wide, this resulted in NATSINGA being taken in and into the line of DAWN GHOST .(D Johnson) which received quite a severe check.

Mr Bradley stated after seeing the films he agreed he had been careless and had not given Mr Kasim enough room when moving in. 


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr George reminded the committee this was a Group 2 race with a stake of $100,000.  He said Mr Bradley had gained an advantage by moving in to a 3 wide position when he was not entitled to do so.  He submitted a suspension of 5 - 6 days and a fine of $500 - $1000 would be appropriate. 

Mr Bradley said he did not agree he had gained an advantage by moving in one horse width.  He submitted a fine as well as a suspension would be unfair. 


reasonsforpenalty:

The committee carefully considered all evidence and submissions.  To Mr Bradley's credit he has admitted the breach and his record is excellent although he has already incurred a 4 day suspension in race 7.  Aggravating factors are the status of the race being a Group 2 and the relatively severe check received by DAWN GHOST through Mr Bradley's carelessness.  The committee is satisfied Mr Bradley did gain an advantage at a stage of the race when he was not entitled to.  A suspension and a fine for the one breach should only be used in special circumstances.  We have considered Mr George's submission that a fine of $500 - $1000 should be imposed in the case of Mr Bradley.  The committee is satisfied that a fine at the low end of what Mr George has submitted is appropriate.  The combined penalty of a fine and a suspension should not amount to a higher penalty than one which would have been imposed with riding days only.  However it is there to act as a deterrent in races such as this which is the committee's reason for agreeing to the submission.


penalty:

Accordingly we impose a suspension on Mr Bradley from riding in races which is to follow on from his earlier suspension which concluded on 12 January 2011.  This means this suspension is to start after racing on 12 January and conclude after racing on 19 January 2011 (5 riding days).  In addition we impose a fine of $500.


hearing_type: Hearing


Rules: 638 (1) (d)


Informant: Mr C George


JockeysandTrainer: Mr D Bradley


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9ea1909f80684a4411def856680695f0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3ac86dea23972043f2769d7aec4d02da


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/01/2011


meet_title: Auckland RC - 1 January 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "310", "Total": "192.2", "kmprice": 192.19999999999999, "Approved": "on"}, {"Comment": [], "kmprice": 58.280000000000001, "MemberID": "ADooley", "Member": "", "KMs": "94", "OtherExpenses": "0", "Total": "58.28", "MemberRole": "Panel member 1 ", "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: GTankard


name: Auckland RC