Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Auckland RC 3 March 2018 – R 9 – Chair, Mr A Dooley

ID: JCA15740

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr B Allen - Apprentice Jockey based in Melbourne

Other Person:
Mr N Harris - Apprentice Jockey Mentor assisting Mr Allen, Mr A Coles - Stipendiary Steward

Information Number:
A10369

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 3 March 2018

Meet Chair:
ADooley

Meet Committee Member 1:
SChing

Race Date:
2018/03/03

Race Number:
Race 9

Decision:

As Mr Allen admitted the breach the Committee found the charge proved.

Penalty:

The Committee grants a deferment to Mr Allen’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Allen had his license to ride in races suspended for a period to commence after racing on 10 March and conclude after racing on 24 March 2018.

Facts:

Following the running of race 9, Vodafone NZ Derby (Group 1), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Allen allowed his mount CIVIL DISOBEDIENCE to shift in near the 1800 metres when not sufficiently clear of THE MAYOR which was dictated inwards crowding MAKTOUM onto BEL RAGAZZO which were both checked.

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

Mr Allen acknowledged the he understood the Rule and confirmed that he admitted the breach.
Mr N Harris assisted Mr Allen at the hearing.

Mr Coles demonstrated the incident using the available video footage. He identified that Mr Allen was racing in a 4 wide position when he commenced to shift into the running line of THE MAYOR near the 1800 metres. He said that Mr Allen was never clear of THE MAYOR when shifting in which resulted in that runner being dictated inwards crowding MAKTOUM onto BEL RAGAZZO which was badly checked losing a reasonable amount of ground.

Mr Allen admitted that he shifted in when not sufficiently clear. He said it was not intentional and he believed he only shifted in ¾ of a horse width. He said the incident occurred on the first corner and the horses around him were racing in a tight position.

Mr Harris said that it was an error of judgement on Mr Allen’s part and he misjudged the incident. He noted that the interference occurred on a historically bad corner and he was of the view that BEL RAGAZZO was racing in an erratic manner.

Submissions for Penalty:

Mr Oatham advised the Committee that he was unable to produce Mr Allen’s full record and therefore recommended that we treat it as a neutral factor. He said the Stewards assessed the level of carelessness to be in the low to mid-range and a 7 day starting point should be adopted. He said that the incident occurred in a 3 year-old race over 2400 metres, the pace in the race eased and the interference occurred in a “messy” section of the race. He said that Mr Allen allowed his mount to shift in when about ¾ of a length clear of THE MAYOR which resulted in a concertina effect to several runners with BEL RAGAZZO suffering a reasonable check. He said an uplift of 2 to 3 days should be applied due to the Group 1 status of the race and the $1 million stake money. Mr Oatham stated that the incident did not have a massive bearing on the outcome of the race and to Mr Allen’s credit he admitted the breach.

Mr Allen advised that he had engagements on 10 March and therefore sought a 7 day deferment to fulfil those engagements. He said that his Australian record was good.

In response to a question from the Committee, Mr Allen had no objection if the Committee treated his record as a neutral factor due to the fact that the Stewards were unable to produce his record.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee observed that Mr Allen allowed his mount to shift in 1 horse width when approximately ¾ of a length clear of THE MAYOR near the 1800 metres. This resulted in that runner being dictated inwards crowding MAKTOUM onto BEL RAGAZZO which was badly checked losing ground. As a result we viewed that ENDOWMENT, JIMMY ROCKET, TAVLIN and JOE’S LEGACY were all hampered.

We deemed the totality of carelessness displayed by Mr Allen to be mid-range.

The Committee adopted 8 days as the starting point in accordance with the JCA Penalty Guide.

The Committee had regard for Rule 920 (2) when fixing penalty.

RULE 920 (2):

(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.

The aggravating factors were the incident occurred in a Group 1 race with $1,000,000 stakes payable. The benchmark for these rare combined factors has been a 5 day uplift. However, the Committee had regard for the muddling pace in the early stages of the 2400 metre race with a full field of 18 relatively inexperienced 3 year olds. On this occasion a 3 day uplift was applied.

The mitigating factor was Mr Allen’s admission of the breach and we afforded him a 1 day reduction in penalty.

Mr Allen’s record as previously stated was treated as a neutral factor.

After taking into account all the above factors the Committee considered that an appropriate suspension was 10 national riding 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: c9ef53328b931d7d9343f25b66ac0acc


informantnumber: A10369


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 04/03/2018


hearing_title: Auckland RC 3 March 2018 - R 9 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 9, Vodafone NZ Derby (Group 1), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Allen allowed his mount CIVIL DISOBEDIENCE to shift in near the 1800 metres when not sufficiently clear of THE MAYOR which was dictated inwards crowding MAKTOUM onto BEL RAGAZZO which were both checked.

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

Mr Allen acknowledged the he understood the Rule and confirmed that he admitted the breach.
Mr N Harris assisted Mr Allen at the hearing.

Mr Coles demonstrated the incident using the available video footage. He identified that Mr Allen was racing in a 4 wide position when he commenced to shift into the running line of THE MAYOR near the 1800 metres. He said that Mr Allen was never clear of THE MAYOR when shifting in which resulted in that runner being dictated inwards crowding MAKTOUM onto BEL RAGAZZO which was badly checked losing a reasonable amount of ground.

Mr Allen admitted that he shifted in when not sufficiently clear. He said it was not intentional and he believed he only shifted in ¾ of a horse width. He said the incident occurred on the first corner and the horses around him were racing in a tight position.

Mr Harris said that it was an error of judgement on Mr Allen’s part and he misjudged the incident. He noted that the interference occurred on a historically bad corner and he was of the view that BEL RAGAZZO was racing in an erratic manner.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Allen admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Oatham advised the Committee that he was unable to produce Mr Allen’s full record and therefore recommended that we treat it as a neutral factor. He said the Stewards assessed the level of carelessness to be in the low to mid-range and a 7 day starting point should be adopted. He said that the incident occurred in a 3 year-old race over 2400 metres, the pace in the race eased and the interference occurred in a “messy” section of the race. He said that Mr Allen allowed his mount to shift in when about ¾ of a length clear of THE MAYOR which resulted in a concertina effect to several runners with BEL RAGAZZO suffering a reasonable check. He said an uplift of 2 to 3 days should be applied due to the Group 1 status of the race and the $1 million stake money. Mr Oatham stated that the incident did not have a massive bearing on the outcome of the race and to Mr Allen’s credit he admitted the breach.

Mr Allen advised that he had engagements on 10 March and therefore sought a 7 day deferment to fulfil those engagements. He said that his Australian record was good.

In response to a question from the Committee, Mr Allen had no objection if the Committee treated his record as a neutral factor due to the fact that the Stewards were unable to produce his record.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee observed that Mr Allen allowed his mount to shift in 1 horse width when approximately ¾ of a length clear of THE MAYOR near the 1800 metres. This resulted in that runner being dictated inwards crowding MAKTOUM onto BEL RAGAZZO which was badly checked losing ground. As a result we viewed that ENDOWMENT, JIMMY ROCKET, TAVLIN and JOE’S LEGACY were all hampered.

We deemed the totality of carelessness displayed by Mr Allen to be mid-range.

The Committee adopted 8 days as the starting point in accordance with the JCA Penalty Guide.

The Committee had regard for Rule 920 (2) when fixing penalty.

RULE 920 (2):

(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.

The aggravating factors were the incident occurred in a Group 1 race with $1,000,000 stakes payable. The benchmark for these rare combined factors has been a 5 day uplift. However, the Committee had regard for the muddling pace in the early stages of the 2400 metre race with a full field of 18 relatively inexperienced 3 year olds. On this occasion a 3 day uplift was applied.

The mitigating factor was Mr Allen’s admission of the breach and we afforded him a 1 day reduction in penalty.

Mr Allen’s record as previously stated was treated as a neutral factor.

After taking into account all the above factors the Committee considered that an appropriate suspension was 10 national riding days.


penalty:

The Committee grants a deferment to Mr Allen’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Allen had his license to ride in races suspended for a period to commence after racing on 10 March and conclude after racing on 24 March 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr B Allen - Apprentice Jockey based in Melbourne


Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Allen, Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e0282ee47f192fdac5c6edb7232a4d21


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e67bf604a412aac2117deb61e48a8b0e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/03/2018


meet_title: Auckland RC - 3 March 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: SChing


meet_pm2: none


name: Auckland RC