Counties RC 19 November 2016 – R 3 – Chair, Mr A Dooley
ID: JCA15372
Code:
Thoroughbred
Meet Title:
Counties RC - 19 November 2016
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2016/11/19
Race Number:
R3
Decision:
As Mr Du Plessis admitted the breach the Committee find the charge proved.
Penalty:
We grant Mr Du Plessis request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Du Plessis had his license to ride in races suspended for a period to commence after racing on 23 November and conclude after racing on 30 November 2016 (4 days).
That period of suspension encompasses meetings at
Te Awamutu – 24 November
Otaki – 25 November (Premier 2)
Ellerslie – 26 November (Premier 2)
Counties – 30 November
Facts:
Following the running of race 3, Murdoch Newell Stakes, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Du Plessis allowed his mount TALARIA to shift inwards shortly after the start when not sufficiently clear of HASAHALO (S Spratt) which was forced in and checked resulting in crowding to MIDNIGHT RUNNER ( K McCulloch) which was checked.
Mr Du Plessis acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Davidson demonstrated the incident using the available video footage. He identified Mr Du Plessis and showed that shortly after the start he angled his mount in when not sufficiently clear. He said this resulted in him putting pressure on HASHALO who in turn momentarily crowded MIDNIGHT RUNNER. He said there was a contribution to the incident with NOTHIN’ ON ME shifting out soon after the start.
Mr Du Plessis said he agreed with Mr Davidson’s interpretation of the incident. He added that his mount was very fast early and conceded that he shifted in too quickly albeit by only half a stride.
Submissions for Penalty:
Mr Oatham produced Mr Du Plessis record which showed no previous breach under this Rule in the last 12 months. He said this was an excellent record for a jockey that rides extensively throughout the country. He advised that Mr Du Plessis had not breached this Rule since December 2013. He said Mr Du Plessis was not sufficiently clear when allowing his mount to shift in and acknowledged that many of the 2 year olds were having their first start. He said the aggravating fact was the incident occurred in a Listed race worth $50,000. Mr Oatham submitted a suspension would be an appropriate penalty.
Mr Du Plessis advised that he had upcoming engagements at Te Aroha on 23 November and sought a deferment to any proposed suspension.
In response to a question from the Committee, Mr Du Plessis said he had no intention of riding on 27 November at Cromwell.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The mitigating factors were Mr Du Plessis admission of the breach, the level of carelessness was low end and his exceptional record in relation to this Rule for which a discount was applied. It was clear that Mr Du Plessis erred in allowing his mount to cross over too quickly when not the required distance clear. We accept that shortly after the start there was movement from runners to the inside of TALARIA.
However, this has to be balanced against the aggravating fact which was the incident occurred in a Listed race worth $50,000.
The Committee had regard for the fact that Mr Du Plessis would be missing 2 Premier 2 race meetings.
After taking into account all the above factors the Committee considers an appropriate suspension was 4 days.
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: 8afcde2163a09a606af24bda330521a6
informantnumber: A6993
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 20/11/2016
hearing_title: Counties RC 19 November 2016 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, Murdoch Newell Stakes, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Du Plessis allowed his mount TALARIA to shift inwards shortly after the start when not sufficiently clear of HASAHALO (S Spratt) which was forced in and checked resulting in crowding to MIDNIGHT RUNNER ( K McCulloch) which was checked.
Mr Du Plessis acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Davidson demonstrated the incident using the available video footage. He identified Mr Du Plessis and showed that shortly after the start he angled his mount in when not sufficiently clear. He said this resulted in him putting pressure on HASHALO who in turn momentarily crowded MIDNIGHT RUNNER. He said there was a contribution to the incident with NOTHIN’ ON ME shifting out soon after the start.
Mr Du Plessis said he agreed with Mr Davidson’s interpretation of the incident. He added that his mount was very fast early and conceded that he shifted in too quickly albeit by only half a stride.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Du Plessis admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Du Plessis record which showed no previous breach under this Rule in the last 12 months. He said this was an excellent record for a jockey that rides extensively throughout the country. He advised that Mr Du Plessis had not breached this Rule since December 2013. He said Mr Du Plessis was not sufficiently clear when allowing his mount to shift in and acknowledged that many of the 2 year olds were having their first start. He said the aggravating fact was the incident occurred in a Listed race worth $50,000. Mr Oatham submitted a suspension would be an appropriate penalty.
Mr Du Plessis advised that he had upcoming engagements at Te Aroha on 23 November and sought a deferment to any proposed suspension.
In response to a question from the Committee, Mr Du Plessis said he had no intention of riding on 27 November at Cromwell.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The mitigating factors were Mr Du Plessis admission of the breach, the level of carelessness was low end and his exceptional record in relation to this Rule for which a discount was applied. It was clear that Mr Du Plessis erred in allowing his mount to cross over too quickly when not the required distance clear. We accept that shortly after the start there was movement from runners to the inside of TALARIA.
However, this has to be balanced against the aggravating fact which was the incident occurred in a Listed race worth $50,000.
The Committee had regard for the fact that Mr Du Plessis would be missing 2 Premier 2 race meetings.
After taking into account all the above factors the Committee considers an appropriate suspension was 4 days.
penalty:
We grant Mr Du Plessis request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Du Plessis had his license to ride in races suspended for a period to commence after racing on 23 November and conclude after racing on 30 November 2016 (4 days).
That period of suspension encompasses meetings at
Te Awamutu – 24 November
Otaki – 25 November (Premier 2)
Ellerslie – 26 November (Premier 2)
Counties – 30 November
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr M Du Plessis - Licensed Jockey
Otherperson: Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b848ec2b378d3e80136083766610cffa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 75f6374d80aabad65f96d3e6b2e4972d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/11/2016
meet_title: Counties RC - 19 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Counties RC