Archive Decision

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Waverley RC 31 July 2014 – R 3

ID: JCA15391

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr M Gillies - Jumps Jockey Class D

Other Person:
Mr B Lammas - Licensed Jockey

Information Number:
A6759

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Waverley RC - 31 July 2014

Meet Chair:
NMcCutcheon

Race Date:
2014/07/31

Race Number:
R 3

Decision:

Due to the committee’s finding the charge of careless riding preferred against Mr Gillies was upheld.

Penalty:

Mr Gillies Jockey’s License was suspended from the end of racing on 6 August 2014 up to and including racing on 17 August 2014

The days being:

9 August – Canterbury
10 August – Te Aroha
17 August – Wanganui

Although there are other race days within this period it was noted that there were no jumping or highweight races included in these programmes.

Facts:

Information Number A6759 alleged that Mr Gillies allowed his mount CONVERTED to shift out near the 200m checking BARTHEZ.

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

Mr Gillies confirmed that he understood the charge, the rule and that he did not admit the breach.

Submissions for Decision:

Mr Goodwin showed all available films and said that Mr Gillies allowed his mount to shift into the line of BARTHEZ near the 200m when only approximately one length clear. He said that this resulted in Mr Lammas having to check his mount and shift to the inside of CONVERTED for a clear run. He said that although CONVERTED did want to lay out, Mr Gillies did not take adequate action to straighten his mount.

Mr Gilles said that CONVERTED does lug out at home and did so on this occasion from the 600m. He said that he was going to change his whip hand on the bend but did not do so as he felt it might cause interference to the horse on his outside. He said that at the 200m he came out for a run and hit the horse with the stick (left hand) he said that he did correct his mount but at that time he was in Buddy Lammas’ line. He said that he then continued to ride his horse out in an endeavour to win the race and that there was no point in stopping at that stage. He said that he was about one to one and a half lengths clear when he shifted out across BARTHEZ’ line. He said that by lugging out, his horse over exaggerated the situation.

Mr Lammas was called as a witness by Mr Goodwin and he said that the inside horse (CONVERTED) veered out and that he got tight for a couple of strides and that he had to take evasive action. He added that the incident did not cost him a better placing as his horse was battling at the time of the incident. He said that CONVERTED was about one and a half lengths clear when it shifted out across his line.

In summation Mr Goodwin said that CONVERTED was going well near the 200m, was angled outwards for a clear run and that it went into the line of BARTHEZ and that Mr Gillies should have done more to straighten his mount and said that Mr Lammas had to take evasive action.

Reasons for Decision:

The committee after careful consideration of all the evidence found that near the 200m, Mr Gillies permitted his mount CONVERTED to shift outwards from the running rail into the rightful line of running of BARTHEZ when only one to one and half lengths clear. As a consequence of this shift BARTHEZ had to be checked and was shifted to the inside of CONVERTED for a clear run. The committee noted that CONVERTED was inclined to lay out, but that Mr Gillies could have avoided interference occurring if he had have taken remedial action a little sooner than he did.

Submissions for Penalty:

Mr Goodwin said that Mr Gillies had an excellent record with his last suspension for careless riding being approximately five years ago. He said that the stipendiary stewards did not believe that the interference had cost BARTHEZ a better placing, however they considered that a term of suspension was the appropriate penalty.

Mr Gillies said that he would like any suspension imposed to commence after the Grand National Steeples on 9 August 2014. The Chair advised Mr Gillies that a suspension can only be deferred for 7 days and that his request could not be considered. Mr Gillies then said that he would like any suspension to start after racing on 6 August 2014.

Reasons for Penalty:

The committee in fixing quantum of penalty took into account:

- Mr Gillies excellent record in relation to careless riding
- That his mount was inclined to lug out
- That he did take some corrective action albeit a little late
- That any suspension would see him miss the opportunity to ride in the Grand National Steeplechase
- In relation to the carelessness demonstrated by Mr Gillies the committee placed it toward the lower end of the scale

After giving due consideration to all relative matters including the 5 day starting point, it was determined that a suspension of 3 riding days would be an appropriate penalty.

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: 8cb4611db717a95ea08c741327968b21


informantnumber: A6759


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: denied


penaltyrequired: 1


decisiondate: 25/07/2014


hearing_title: Waverley RC 31 July 2014 - R 3


charge:


facts:

Information Number A6759 alleged that Mr Gillies allowed his mount CONVERTED to shift out near the 200m checking BARTHEZ.

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

Mr Gillies confirmed that he understood the charge, the rule and that he did not admit the breach.


appealdecision:


isappeal:


submissionsfordecision:

Mr Goodwin showed all available films and said that Mr Gillies allowed his mount to shift into the line of BARTHEZ near the 200m when only approximately one length clear. He said that this resulted in Mr Lammas having to check his mount and shift to the inside of CONVERTED for a clear run. He said that although CONVERTED did want to lay out, Mr Gillies did not take adequate action to straighten his mount.

Mr Gilles said that CONVERTED does lug out at home and did so on this occasion from the 600m. He said that he was going to change his whip hand on the bend but did not do so as he felt it might cause interference to the horse on his outside. He said that at the 200m he came out for a run and hit the horse with the stick (left hand) he said that he did correct his mount but at that time he was in Buddy Lammas’ line. He said that he then continued to ride his horse out in an endeavour to win the race and that there was no point in stopping at that stage. He said that he was about one to one and a half lengths clear when he shifted out across BARTHEZ’ line. He said that by lugging out, his horse over exaggerated the situation.

Mr Lammas was called as a witness by Mr Goodwin and he said that the inside horse (CONVERTED) veered out and that he got tight for a couple of strides and that he had to take evasive action. He added that the incident did not cost him a better placing as his horse was battling at the time of the incident. He said that CONVERTED was about one and a half lengths clear when it shifted out across his line.

In summation Mr Goodwin said that CONVERTED was going well near the 200m, was angled outwards for a clear run and that it went into the line of BARTHEZ and that Mr Gillies should have done more to straighten his mount and said that Mr Lammas had to take evasive action.


reasonsfordecision:

The committee after careful consideration of all the evidence found that near the 200m, Mr Gillies permitted his mount CONVERTED to shift outwards from the running rail into the rightful line of running of BARTHEZ when only one to one and half lengths clear. As a consequence of this shift BARTHEZ had to be checked and was shifted to the inside of CONVERTED for a clear run. The committee noted that CONVERTED was inclined to lay out, but that Mr Gillies could have avoided interference occurring if he had have taken remedial action a little sooner than he did.


Decision:

Due to the committee’s finding the charge of careless riding preferred against Mr Gillies was upheld.


sumissionsforpenalty:

Mr Goodwin said that Mr Gillies had an excellent record with his last suspension for careless riding being approximately five years ago. He said that the stipendiary stewards did not believe that the interference had cost BARTHEZ a better placing, however they considered that a term of suspension was the appropriate penalty.

Mr Gillies said that he would like any suspension imposed to commence after the Grand National Steeples on 9 August 2014. The Chair advised Mr Gillies that a suspension can only be deferred for 7 days and that his request could not be considered. Mr Gillies then said that he would like any suspension to start after racing on 6 August 2014.


reasonsforpenalty:

The committee in fixing quantum of penalty took into account:

- Mr Gillies excellent record in relation to careless riding
- That his mount was inclined to lug out
- That he did take some corrective action albeit a little late
- That any suspension would see him miss the opportunity to ride in the Grand National Steeplechase
- In relation to the carelessness demonstrated by Mr Gillies the committee placed it toward the lower end of the scale

After giving due consideration to all relative matters including the 5 day starting point, it was determined that a suspension of 3 riding days would be an appropriate penalty.


penalty:

Mr Gillies Jockey’s License was suspended from the end of racing on 6 August 2014 up to and including racing on 17 August 2014

The days being:

9 August – Canterbury
10 August – Te Aroha
17 August – Wanganui

Although there are other race days within this period it was noted that there were no jumping or highweight races included in these programmes.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr M Gillies - Jumps Jockey Class D


Otherperson: Mr B Lammas - Licensed Jockey


PersonPresent:


Respondent:


StipendSteward:


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meetdate: 31/07/2014


meet_title: Waverley RC - 31 July 2014


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