Archive Decision

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Canterbury R 28 October 2017 – R 3 – Chair, Mr R McKenzie

ID: JCA15368

Applicant:
J P Oatham, Chief Stipendiary Steward

Respondent(s):
J L Waddell, Licensed Jockey (Class A)

Other Person:
J M McLaughlin - Stipendiary Steward

Information Number:
A09528

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 28 October 2017

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Meet Committee Member 2:
HWeston

Race Date:
2017/10/28

Race Number:
R3

Decision:

Mr Waddell having admitted the breach, the charge was found proved.

Penalty:

Mr Waddell’s Jockey’s Licence (Class A) is suspended from after the close of racing on 28 October, up to and including 7 November 2017 – 4 days. The meetings intended to be encompassed by that period are Avondale JC on 1 November, Taranaki Racing on 3 November, Racing Tauranga or Fielding JC on 4 November and Auckland RC on 7 November 2017.

Facts:

Following the running of Race 3, NZB Ready to Run Sale Rating 65, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Mr J L Waddell, alleging that Mr Waddell, as the rider of BARABAS in the race, he “permitted his mount to shift ground near the 300 metres causing LADY AMADEUS (S R F Weatherley) to check”.

Mr Waddell was present at the hearing of the information and he indicated that he admitted the breach. Rule 638 provides as follows:

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

(d) careless.

Mr Oatham had Mr J M McLaughlin, Stipendiary Steward, show video replays of the incident with approximately 300 metres to run. He pointed out BARABAS, ridden by Mr Waddell, racing in 3rd position on the rail behind the leader as the field entered the final straight. LADY AMADEUS, ridden by Mr Weatherley was racing just behind and on Mr Waddell’s outer. Mr Waddell was held up and was looking for racing room. Mr Waddell then angled out across the heels of STROWAN and continued coming out and, in doing so, took the line of LADY AMADEUS, which was forced to check.

Mr McLaughlin demonstrated from the videos that, at the time, Mr Waddell was not his own length and another length clear. It was more like 1 length, Mr McLaughlin submitted.

Mr Waddell described what happened as “an unfortunate incident”. Mr Weatherley had come from behind him. The run that eventuated for him was only a “half run” which meant he had to come out another half a horse width. He stated that he had no idea he had improved into the position he was. He conceded that Mr Weatherley had to check his mount at an important stage of the race.

Mr Oatham said that Stewards viewed the incident as being in the low-to-mid range. Mr Waddell had initially shifted out a half a horse width without doing any damage. His further shift, which led to the charge, was only half a horse width but was enough to force Mr Weatherley to check his mount, Mr Oatham said. There was also a slight contribution from MAUI MISS (J R Lowry), on the outside of the two runners, that made contact with Mr Weatherley’s mount just before it was checked. The check was “’reasonably severe”. Stewards had no reason to question Mr Waddell’s statement that he was not aware of Mr Weatherley’s presence, Mr Oatham said.

Submissions for Penalty:

Mr Oatham said that Mr Waddell’s record showed two breaches in the last 12 months – 8 March 2017 (4 days) and 1 April 2017 (11 days for high end careless riding in a Group 1 race). Mr Waddell’s record could be regarded as being a relatively good one. In addition, he had promptly admitted the breach. Having regard to those factors, Stewards submitted that a suspension in the region of 4 days would be appropriate, Mr Oatham submitted.

Mr Waddell asked the Committee if his suspension could start immediately. He submitted that the low-level nature of the breach did not warrant his missing the Premier meeting at Ellerslie on 7 November. He has 5-6 rides at every meeting and his last suspension was over 6 months ago, he said. He accepted the starting point of 5 days but submitted his record and admission of the breach were worthy of a 2 days’ discount. 

Reasons for Penalty:

In determining penalty, the Committee took the starting point of 5 days, as recommended in the Penalty Guide. The Committee could find no aggravating factors, so there was no need to increase that starting point. The breach was no worse than mid-range in the Committee’s view.

Mitigating factors were, firstly, Mr Waddell’s very frank admission of the breach and, secondly, his record which the Committee accepted was good.

The Committee allowed a combined discount of 1 day for those matters.

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: 8a24a26ddb9dc1e5427e51ddeaf98149


informantnumber: A09528


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 01/11/2017


hearing_title: Canterbury R 28 October 2017 - R 3 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 3, NZB Ready to Run Sale Rating 65, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Mr J L Waddell, alleging that Mr Waddell, as the rider of BARABAS in the race, he “permitted his mount to shift ground near the 300 metres causing LADY AMADEUS (S R F Weatherley) to check”.

Mr Waddell was present at the hearing of the information and he indicated that he admitted the breach. Rule 638 provides as follows:

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

(d) careless.

Mr Oatham had Mr J M McLaughlin, Stipendiary Steward, show video replays of the incident with approximately 300 metres to run. He pointed out BARABAS, ridden by Mr Waddell, racing in 3rd position on the rail behind the leader as the field entered the final straight. LADY AMADEUS, ridden by Mr Weatherley was racing just behind and on Mr Waddell’s outer. Mr Waddell was held up and was looking for racing room. Mr Waddell then angled out across the heels of STROWAN and continued coming out and, in doing so, took the line of LADY AMADEUS, which was forced to check.

Mr McLaughlin demonstrated from the videos that, at the time, Mr Waddell was not his own length and another length clear. It was more like 1 length, Mr McLaughlin submitted.

Mr Waddell described what happened as “an unfortunate incident”. Mr Weatherley had come from behind him. The run that eventuated for him was only a “half run” which meant he had to come out another half a horse width. He stated that he had no idea he had improved into the position he was. He conceded that Mr Weatherley had to check his mount at an important stage of the race.

Mr Oatham said that Stewards viewed the incident as being in the low-to-mid range. Mr Waddell had initially shifted out a half a horse width without doing any damage. His further shift, which led to the charge, was only half a horse width but was enough to force Mr Weatherley to check his mount, Mr Oatham said. There was also a slight contribution from MAUI MISS (J R Lowry), on the outside of the two runners, that made contact with Mr Weatherley’s mount just before it was checked. The check was “’reasonably severe”. Stewards had no reason to question Mr Waddell’s statement that he was not aware of Mr Weatherley’s presence, Mr Oatham said.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Waddell having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Oatham said that Mr Waddell’s record showed two breaches in the last 12 months – 8 March 2017 (4 days) and 1 April 2017 (11 days for high end careless riding in a Group 1 race). Mr Waddell’s record could be regarded as being a relatively good one. In addition, he had promptly admitted the breach. Having regard to those factors, Stewards submitted that a suspension in the region of 4 days would be appropriate, Mr Oatham submitted.

Mr Waddell asked the Committee if his suspension could start immediately. He submitted that the low-level nature of the breach did not warrant his missing the Premier meeting at Ellerslie on 7 November. He has 5-6 rides at every meeting and his last suspension was over 6 months ago, he said. He accepted the starting point of 5 days but submitted his record and admission of the breach were worthy of a 2 days’ discount. 


reasonsforpenalty:

In determining penalty, the Committee took the starting point of 5 days, as recommended in the Penalty Guide. The Committee could find no aggravating factors, so there was no need to increase that starting point. The breach was no worse than mid-range in the Committee’s view.

Mitigating factors were, firstly, Mr Waddell’s very frank admission of the breach and, secondly, his record which the Committee accepted was good.

The Committee allowed a combined discount of 1 day for those matters.


penalty:

Mr Waddell’s Jockey’s Licence (Class A) is suspended from after the close of racing on 28 October, up to and including 7 November 2017 – 4 days. The meetings intended to be encompassed by that period are Avondale JC on 1 November, Taranaki Racing on 3 November, Racing Tauranga or Fielding JC on 4 November and Auckland RC on 7 November 2017.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J P Oatham, Chief Stipendiary Steward


JockeysandTrainer: J L Waddell, Licensed Jockey (Class A)


Otherperson: J M McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 0bfe59dfdef100794aa64e58b65337f8


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


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meetdate: 28/10/2017


meet_title: Canterbury Racing - 28 October 2017


meet_expappcomment:


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tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: HWeston


name: Canterbury Racing