Archive Decision

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Taumarunui RC 27 July 2013 – R 8

ID: JCA15155

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mr M Sweeney - Licensed Rider

Other Person:
Mr W Robinson - Stipendiary Steward

Information Number:
A4281

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taumarunui RC - 27 July 2013

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2013/07/27

Race Number:
R8

Decision:

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

Penalty:

Accordingly, we impose a suspension on Mr Sweeney which will commence after racing on 31 July and conclude after racing on 8 August 2013 (6 days).

Charge:

Following race 8, Otorohanga Club Inc Premier, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Mr Sweeney permitted his mount WATTLE BAY to shift outwards near the 200 metres forcing SHARAKTI off its rightful line of running.

Mr Sweeney acknowledged that he understood the nature of the charge and the Rule.

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

Facts:

Mr Robinson demonstrated on the head on film that Mr Sweeney permitted his mount WATTLE BAY to shift out approximately 5 horse widths when continuing to ride forward with the whip. He said the interference continued for 150 metres and this resulted in SHARAKTI being bumped on 2 occasions and taken off her rightful line of running.

Mr Sweeney said he was searching for better ground when shifting wider on the track. He admitted his carelessness resulted in his mount being relegated from 1st place, which penalised the betting public and WATTLE BAY connections.

Submissions for Penalty:

Mr Oatham produced Mr Sweeney's record which showed 1 previous breach under this Rule in the last 12 months. He said this was a very good record and Mr Sweeney had been co operative during the hearing. He stated the betting public and connections were let down by Mr Sweeney's carelessness which resulted in WATTLE BAY being relegated from 1st place. He assessed the interference in the mid to high range and submitted a suspension in the 5 to 7 day range would be appropriate.

Mr Sweeney submitted that any period of suspension could start after Rotorua on July 31.

In response to a question from the Committee, Mr Sweeney stated he had no rides at Rotorua. We noted Mr Sweeney's forthrightness.

In response to a question from the Committee, Mr Sweeney advised us he had been offered rides at Canterbury Grand National carnival starting on 3 August but none of them had been confirmed.

In response to a question from the Committee, Mr Oatham acknowledged that because it was Grand National carnival week he had no objection if the Committee included 7 August in Mr Sweeney's proposed suspension.

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 Sweeney's admission of the breach and his very good record in relation to this Rule. The aggravating factors are his mount WATTLE BAY was relegated from 1st place due to his carelessness which therefore had an impact on the betting public and connections, we assess the breach to be in the upper mid range noting that Mr Sweeney did not take any corrective action to straighten his mount.

After taking into account all the above factors we consider an appropriate penalty is a 6 day suspension. We accept that Mr Sweeney has ridden at Christchurch occasionally this season.

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: 70b895fd8979c4dcb28855a26d9180c4


informantnumber: A4281


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/07/2013


hearing_title: Taumarunui RC 27 July 2013 - R 8


charge:

Following race 8, Otorohanga Club Inc Premier, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Mr Sweeney permitted his mount WATTLE BAY to shift outwards near the 200 metres forcing SHARAKTI off its rightful line of running.

Mr Sweeney acknowledged that he understood the nature of the charge and the Rule.

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


facts:

Mr Robinson demonstrated on the head on film that Mr Sweeney permitted his mount WATTLE BAY to shift out approximately 5 horse widths when continuing to ride forward with the whip. He said the interference continued for 150 metres and this resulted in SHARAKTI being bumped on 2 occasions and taken off her rightful line of running.

Mr Sweeney said he was searching for better ground when shifting wider on the track. He admitted his carelessness resulted in his mount being relegated from 1st place, which penalised the betting public and WATTLE BAY connections.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Oatham produced Mr Sweeney's record which showed 1 previous breach under this Rule in the last 12 months. He said this was a very good record and Mr Sweeney had been co operative during the hearing. He stated the betting public and connections were let down by Mr Sweeney's carelessness which resulted in WATTLE BAY being relegated from 1st place. He assessed the interference in the mid to high range and submitted a suspension in the 5 to 7 day range would be appropriate.

Mr Sweeney submitted that any period of suspension could start after Rotorua on July 31.

In response to a question from the Committee, Mr Sweeney stated he had no rides at Rotorua. We noted Mr Sweeney's forthrightness.

In response to a question from the Committee, Mr Sweeney advised us he had been offered rides at Canterbury Grand National carnival starting on 3 August but none of them had been confirmed.

In response to a question from the Committee, Mr Oatham acknowledged that because it was Grand National carnival week he had no objection if the Committee included 7 August in Mr Sweeney's proposed suspension.


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 Sweeney's admission of the breach and his very good record in relation to this Rule. The aggravating factors are his mount WATTLE BAY was relegated from 1st place due to his carelessness which therefore had an impact on the betting public and connections, we assess the breach to be in the upper mid range noting that Mr Sweeney did not take any corrective action to straighten his mount.

After taking into account all the above factors we consider an appropriate penalty is a 6 day suspension. We accept that Mr Sweeney has ridden at Christchurch occasionally this season.


penalty:

Accordingly, we impose a suspension on Mr Sweeney which will commence after racing on 31 July and conclude after racing on 8 August 2013 (6 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mr M Sweeney - Licensed Rider


Otherperson: Mr W Robinson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7cc824d5c29196da5abe511ea2e7faec


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 96b16e4708e505ac34e5f43ec2c0e58d


meet_expapproval:


meet_noreport: 0


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meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/07/2013


meet_title: Taumarunui RC - 27 July 2013


meet_expappcomment:


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tracklocation: taumarunui-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Taumarunui RC