R Rotorua 25 June 2012 – R 7
ID: JCA15554
Code:
Thoroughbred
Meet Title:
Racing Rotorua - 25 June 2012
Meet Chair:
ADooley
Meet Committee Member 1:
JHolloway
Race Date:
2012/06/25
Race Number:
R 7
Decision:
As Mr Dell admitted the breach we find the charge proved.
Penalty:
We grant Mr Dell request to seek a deferment to his suspension as per rule 1106(2).
Accordingly, we impose a suspension on Mr Dell which will commence after racing on 30 June 2012 and conclude after racing on 11 July 2012 (5 days).
Charge:
Following race 7, an information was filed pursuant to Rule 638(1)(d) .The informant, Mr Oatham, alleged that near the 300 metres Mr C Dell (SAFE ACCESS) allowed his mount to shift out when not sufficiently clear of ANDI BLACK (S Collett) who was checked.
Facts:
Mr Oatham demonstrated the incident by using all the available films. He pointed out to the committee that in rounding the turn Mr Dell was scouting wide and goes too far when not clear of ANDI BLACK who as a result was checked. He said at no stage did Mr Dell take any corrective measures.
Mr Dell informed the committee that he was scouting wide and thought he had only 2 horses on his outside. He was not aware that ANDI BLACK was 1 length behind him when he shifted out. He said Ms S Collett had not called out to him.
Mr Ralph said he believed Mr Dell was a victim of circumstances due to the horses on the outside moving in.
Submissions for Penalty:
Mr Oatham produced Mr Dell's record which showed 4 previous breaches of this rule in the last 12 months. He said Mr Dell was in the early stages of his career and he is a busy rider. He submitted that a rider with 5 suspensions in 12 months is not normally classified as having a reasonable record. However, because of his inexperience he believed this was an appropriate assessment. He submitted that the level of carelessness was low range as Mr Dell hadn't quite cleared a horse on his outer when moving wide for better ground. He submitted a suspension in line with the degree of carelessness would be appropriate.
Mr Dell advised the committee that he had firm commitments up to and including June 30. He requested a deferment to any proposed suspension. He submitted the committee should take into account his admission of the breach and the level of carelessness which he believed was low range.
In response to a question from the committee, Mr Dell advised us that he last rode in the South Island in January 2012. Mr Dell had no intentions of riding at Ashburton or Oamaru in July 2012.
Mr Oatham when asked by the committee submitted that Mr Dell is not recognised as a South Island rider.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr Dell’s admission of the breach. We assess the level of carelessness as low range, however Mr Dell's record can only be described as average at best. The appropriate period of suspension for this breach was assessed at 5 days. We did not take into account Ashburton and Oamaru in July 2012 as Mr Dell had no intention of riding at those meetings.
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: b2dbc728ab50d1804375cce2912bb66d
informantnumber: A4521
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 15/06/2012
hearing_title: R Rotorua 25 June 2012 - R 7
charge:
Following race 7, an information was filed pursuant to Rule 638(1)(d) .The informant, Mr Oatham, alleged that near the 300 metres Mr C Dell (SAFE ACCESS) allowed his mount to shift out when not sufficiently clear of ANDI BLACK (S Collett) who was checked.
facts:
Mr Oatham demonstrated the incident by using all the available films. He pointed out to the committee that in rounding the turn Mr Dell was scouting wide and goes too far when not clear of ANDI BLACK who as a result was checked. He said at no stage did Mr Dell take any corrective measures.
Mr Dell informed the committee that he was scouting wide and thought he had only 2 horses on his outside. He was not aware that ANDI BLACK was 1 length behind him when he shifted out. He said Ms S Collett had not called out to him.
Mr Ralph said he believed Mr Dell was a victim of circumstances due to the horses on the outside moving in.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dell admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Dell's record which showed 4 previous breaches of this rule in the last 12 months. He said Mr Dell was in the early stages of his career and he is a busy rider. He submitted that a rider with 5 suspensions in 12 months is not normally classified as having a reasonable record. However, because of his inexperience he believed this was an appropriate assessment. He submitted that the level of carelessness was low range as Mr Dell hadn't quite cleared a horse on his outer when moving wide for better ground. He submitted a suspension in line with the degree of carelessness would be appropriate.
Mr Dell advised the committee that he had firm commitments up to and including June 30. He requested a deferment to any proposed suspension. He submitted the committee should take into account his admission of the breach and the level of carelessness which he believed was low range.
In response to a question from the committee, Mr Dell advised us that he last rode in the South Island in January 2012. Mr Dell had no intentions of riding at Ashburton or Oamaru in July 2012.
Mr Oatham when asked by the committee submitted that Mr Dell is not recognised as a South Island rider.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr Dell’s admission of the breach. We assess the level of carelessness as low range, however Mr Dell's record can only be described as average at best. The appropriate period of suspension for this breach was assessed at 5 days. We did not take into account Ashburton and Oamaru in July 2012 as Mr Dell had no intention of riding at those meetings.
penalty:
We grant Mr Dell request to seek a deferment to his suspension as per rule 1106(2).
Accordingly, we impose a suspension on Mr Dell which will commence after racing on 30 June 2012 and conclude after racing on 11 July 2012 (5 days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr C Dell - Licensed Apprentice Rider
Otherperson: Mr S Ralph - Trainer assisting Mr Dell
PersonPresent:
Respondent:
StipendSteward:
raceid: 84820ed746a332fd6b6ae10859db6117
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0e0a04c7767c8eee4246c9fc665941d9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/06/2012
meet_title: Racing Rotorua - 25 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-rotorua
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: JHolloway
meet_pm2: none
name: Racing Rotorua