Kurow RC 30 December 2016 – R 3 – Chair, Prof G Hall
ID: JCA15545
Code:
Thoroughbred
Meet Title:
Kurow JC - 30 December 2016
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2016/12/30
Race Number:
R 3
Decision:
Mr Cuneen has admitted the breach. We thus find the breach is proved.
Penalty:
Mr Cuneen has engagements at Waikouaiti and Omakau. His suspension thus commences at the end of racing on 3 January and continues until the end of racing on 11 January. This is 3 South Island days: Reefton, Greymouth and Hokitika.
Facts:
Mr McLaughlin alleged that Mr Cuneen allowed his mount HE’S GOLD to shift ground outwards when not clear of FANTAMO and HOT TEMPO over the concluding stages of race 3.
Mr McLaughlin demonstrated on the videos that Mr Cuneen was racing to the inside of FANTAMO and HOT TEMPO in a close finish to the race. His mount drifted outwards over the final 50 metres. FANTAMO was squeezed between HE’S GOLD and HOT TEMPO and its rider was inconvenienced and he had to take hold. FANTAMO finished fifth. The margin to fourth was a half head. Mr McLaughlin said it was thus arguable that the interference had cost FANTAMO fourth placing. Mr Kalychurun, the rider of FANTAMO, had viewed the video but had not lodged a protest, as he did not believe he would have beaten HE’S GOLD.
Mr McLaughlin stated that Mr Cuneen’s obligation under the Rules was to stop riding and straighten his horse. However, he had continued to use his whip and had allowed his mount to drift outwards. He was thus careless.
Mr Cuneen said he was aware he was shifting out but thought it was only a marginal movement close to the winning post and was thus “okay”. He did not believe he had caused interference.
Mr Harnett stated that the respondent’s movement was only half a horse width and he believed Mr Johnson on HOT TEMPO might have shifted in slightly for a stride or two as well. FANTAMO had had a tough run and was coming to the end of it. He thus doubted that Mr Cuneen had cost that horse fourth placing.
Submissions for Penalty:
Mr McLaughlin stated that Mr Cuneen had 2 breaches of the careless riding rule in the past 12 months. The first was on 30 January at Riccarton where it was a listed race and 5 days’ suspension was imposed. The more recent on 12 November was also at Riccarton. The penalty was 3 days.
Mr McLaughlin stated the breach was low to mid range. He believed that had the respondent straightened his horse, as he should have done, he might not have won the race. He submitted a four-day suspension was appropriate.
Mr Cuneen highlighted the fact he was a busy rider and that his overall record was good. He said he had engagements at Omakau and Waikouaiti. He thus asked for a deferment until after Omakau on 3 January 2017.
Reasons for Penalty:
We are of the view that the breach is at the lower end of mid range. Two horses were affected by the respondent’s outwards movement, which we assess to be half a horse width. HOT TEMPO was affected only marginally and it is not clear that FANTAMO was denied the chance of finishing fourth. We agree with Mr McLaughlin that had the respondent stopped riding, put his whip away, and straightened his horse, as provided in the Rules, his chances of winning the race may have been adversely affected.
While Mr Cuneen has a recent breach of the careless riding rule, his record prior to the November breach, and extending into the previous season is very good, with just the one breach in January. He is a busy rider, and Mr McLaughlin said he had had well over 300 rides between the 2 suspensions. He has had 129 rides this season. We thus regard his record as a neutral factor.
Balancing a slight uplift for the nature of the breach with its admission leaves us at the starting point of 3 days’ suspension.
JCA Decision Fields (raw)
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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: b0ff5bd3690af3009c8c2d084cc73f4d
informantnumber: A8109
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2016
hearing_title: Kurow RC 30 December 2016 - R 3 - Chair, Prof G Hall
charge:
facts:
Mr McLaughlin alleged that Mr Cuneen allowed his mount HE’S GOLD to shift ground outwards when not clear of FANTAMO and HOT TEMPO over the concluding stages of race 3.
Mr McLaughlin demonstrated on the videos that Mr Cuneen was racing to the inside of FANTAMO and HOT TEMPO in a close finish to the race. His mount drifted outwards over the final 50 metres. FANTAMO was squeezed between HE’S GOLD and HOT TEMPO and its rider was inconvenienced and he had to take hold. FANTAMO finished fifth. The margin to fourth was a half head. Mr McLaughlin said it was thus arguable that the interference had cost FANTAMO fourth placing. Mr Kalychurun, the rider of FANTAMO, had viewed the video but had not lodged a protest, as he did not believe he would have beaten HE’S GOLD.
Mr McLaughlin stated that Mr Cuneen’s obligation under the Rules was to stop riding and straighten his horse. However, he had continued to use his whip and had allowed his mount to drift outwards. He was thus careless.
Mr Cuneen said he was aware he was shifting out but thought it was only a marginal movement close to the winning post and was thus “okay”. He did not believe he had caused interference.
Mr Harnett stated that the respondent’s movement was only half a horse width and he believed Mr Johnson on HOT TEMPO might have shifted in slightly for a stride or two as well. FANTAMO had had a tough run and was coming to the end of it. He thus doubted that Mr Cuneen had cost that horse fourth placing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Cuneen has admitted the breach. We thus find the breach is proved.
sumissionsforpenalty:
Mr McLaughlin stated that Mr Cuneen had 2 breaches of the careless riding rule in the past 12 months. The first was on 30 January at Riccarton where it was a listed race and 5 days’ suspension was imposed. The more recent on 12 November was also at Riccarton. The penalty was 3 days.
Mr McLaughlin stated the breach was low to mid range. He believed that had the respondent straightened his horse, as he should have done, he might not have won the race. He submitted a four-day suspension was appropriate.
Mr Cuneen highlighted the fact he was a busy rider and that his overall record was good. He said he had engagements at Omakau and Waikouaiti. He thus asked for a deferment until after Omakau on 3 January 2017.
reasonsforpenalty:
We are of the view that the breach is at the lower end of mid range. Two horses were affected by the respondent’s outwards movement, which we assess to be half a horse width. HOT TEMPO was affected only marginally and it is not clear that FANTAMO was denied the chance of finishing fourth. We agree with Mr McLaughlin that had the respondent stopped riding, put his whip away, and straightened his horse, as provided in the Rules, his chances of winning the race may have been adversely affected.
While Mr Cuneen has a recent breach of the careless riding rule, his record prior to the November breach, and extending into the previous season is very good, with just the one breach in January. He is a busy rider, and Mr McLaughlin said he had had well over 300 rides between the 2 suspensions. He has had 129 rides this season. We thus regard his record as a neutral factor.
Balancing a slight uplift for the nature of the breach with its admission leaves us at the starting point of 3 days’ suspension.
penalty:
Mr Cuneen has engagements at Waikouaiti and Omakau. His suspension thus commences at the end of racing on 3 January and continues until the end of racing on 11 January. This is 3 South Island days: Reefton, Greymouth and Hokitika.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr R Cuneen - Apprentice Jockey
Otherperson: Mr W Harnett - Apprentice Jockey Mentor assisting Mr Cuneen
PersonPresent:
Respondent:
StipendSteward:
raceid: 23669d71ac927777b386b39967a1df07
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 34c466284606a5d39f141dce99946653
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2016
meet_title: Kurow JC - 30 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kurow-jc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Kurow JC