Pakuranga HC 20 August 2016 – R 4 – Chair, Mr A Dooley
ID: JCA15913
Code:
Thoroughbred
Meet Title:
Pakuranga HC - 20 August 2016
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2016/08/20
Race Number:
Race 4
Decision:
As Mr Cully admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Cully had his license to ride in races suspended for a period to commence after racing on 21 August and conclude after racing on 28 August 2016 (3 days).
That period of suspension encompasses meetings at Murray Bridge, Morphettville and Te Aroha.
Facts:
Following the running of race 4, Harrison Lane Hurdle, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Cully allowed his mount NGATIRA GOLD to shift out in the final straight, causing interference to NANCHO LASS (C Studd) and JUST GOT HOME (A Kuru).
Mr Cully endorsed the information with the words “I am happy for the hearing to proceed in my absence”. Mr Cully admitted 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 Oatham advised the Committee that Mr Cully had to leave the racecourse before the last race to catch a flight back to Melbourne where he had rides on Sunday. He said the Stewards had outlined the charge and consequences to Mr Cully during their earlier investigation. He added that if the Committee needed to ask Mr Cully any questions he would be available via mobile phone.
Mr Oatham demonstrated the incident using the available video footage. He identified that NGATIRA GOLD shifted outwards after jumping the second to last fence hampering NANCHO LASS and JUST GOT HOME which were both forced wider on the track. He identified that after jumping the last fence Mr Cully continued to ride his mount forward using the whip when it was shifting ground outwards. He said in doing so NANCHO LASS was crowded and pushed out onto JUST GOT HOME. He highlighted that NGATIRA GOLD continued to dictate those horses wider on the track for some distance. He said that Mr Cully had an obligation to stop riding his mount forward to prevent any interference.
Mr Cully admitted to the Stewards that his actions were careless.
Submissions for Penalty:
Mr Oatham told the Committee that he was unable to access Mr Cully’s overseas record. He produced Mr Cully’s New Zealand record which showed no previous breach under this Rule in the last 12 months. He said it was difficult to assess an appropriate penalty given Mr Cully’s status and the fact that Jump riders have limited opportunities. He acknowledged that a 3 day suspension was an appropriate starting point for Jump riders. Mr Oatham submitted a 3 day suspension including the Australian dates would be a meaningful penalty.
Mr Cully advised Mr Oatham that he had engagements in Melbourne on 21 August and any proposed suspension could start after that. Mr Cully informed the Stewards that he would forgo his rides at Murray Bridge on 24 August and 27 August at Morphettville. Mr Oatham advised that this was permitted under the Australian Rules of Racing in the area that Mr Cully was intending to ride.
Mr Oatham informed the Committee that Mr Cully had intended to travel back for 28 August at Te Aroha to ride GOOSEBUMPS.
Mr Oatham was able to confirm the Australian dates to be correct.
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.
However, this Committee have adopted 3 days as the starting point because of Mr Cully’s status as a Jumps / Highweight rider. It is a recognised fact that Class D riders have limited riding opportunities during the season and this is historically reflected in the penalties imposed.
The mitigating factors were Mr Cully’s admission of the breach and his clear record in relation to this Rule for which he has been given credit. However, this has to be balanced against the consequences of Mr Cully’s actions which resulted in NGATIRA GOLD being relegated from 1st to 3rd place. We consider this along with the status of the race a Prestige Jumping Race worth $50,000 and Mr Cully’s carelessness being in the upper mid – range as aggravating factors.
The Committee was satisfied that Mr Cully has a recent history of riding in various states of Australia and he travels to New Zealand on a regular basis for rides in Jumping races.
After taking into account all the above factors the Committee considers an appropriate suspension was 3 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: e42997fa895fc92de6482d32f830a9ee
informantnumber: A6967
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 22/08/2016
hearing_title: Pakuranga HC 20 August 2016 - R 4 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 4, Harrison Lane Hurdle, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Cully allowed his mount NGATIRA GOLD to shift out in the final straight, causing interference to NANCHO LASS (C Studd) and JUST GOT HOME (A Kuru).
Mr Cully endorsed the information with the words “I am happy for the hearing to proceed in my absence”. Mr Cully admitted 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 Oatham advised the Committee that Mr Cully had to leave the racecourse before the last race to catch a flight back to Melbourne where he had rides on Sunday. He said the Stewards had outlined the charge and consequences to Mr Cully during their earlier investigation. He added that if the Committee needed to ask Mr Cully any questions he would be available via mobile phone.
Mr Oatham demonstrated the incident using the available video footage. He identified that NGATIRA GOLD shifted outwards after jumping the second to last fence hampering NANCHO LASS and JUST GOT HOME which were both forced wider on the track. He identified that after jumping the last fence Mr Cully continued to ride his mount forward using the whip when it was shifting ground outwards. He said in doing so NANCHO LASS was crowded and pushed out onto JUST GOT HOME. He highlighted that NGATIRA GOLD continued to dictate those horses wider on the track for some distance. He said that Mr Cully had an obligation to stop riding his mount forward to prevent any interference.
Mr Cully admitted to the Stewards that his actions were careless.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cully admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Oatham told the Committee that he was unable to access Mr Cully’s overseas record. He produced Mr Cully’s New Zealand record which showed no previous breach under this Rule in the last 12 months. He said it was difficult to assess an appropriate penalty given Mr Cully’s status and the fact that Jump riders have limited opportunities. He acknowledged that a 3 day suspension was an appropriate starting point for Jump riders. Mr Oatham submitted a 3 day suspension including the Australian dates would be a meaningful penalty.
Mr Cully advised Mr Oatham that he had engagements in Melbourne on 21 August and any proposed suspension could start after that. Mr Cully informed the Stewards that he would forgo his rides at Murray Bridge on 24 August and 27 August at Morphettville. Mr Oatham advised that this was permitted under the Australian Rules of Racing in the area that Mr Cully was intending to ride.
Mr Oatham informed the Committee that Mr Cully had intended to travel back for 28 August at Te Aroha to ride GOOSEBUMPS.
Mr Oatham was able to confirm the Australian dates to be correct.
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.
However, this Committee have adopted 3 days as the starting point because of Mr Cully’s status as a Jumps / Highweight rider. It is a recognised fact that Class D riders have limited riding opportunities during the season and this is historically reflected in the penalties imposed.
The mitigating factors were Mr Cully’s admission of the breach and his clear record in relation to this Rule for which he has been given credit. However, this has to be balanced against the consequences of Mr Cully’s actions which resulted in NGATIRA GOLD being relegated from 1st to 3rd place. We consider this along with the status of the race a Prestige Jumping Race worth $50,000 and Mr Cully’s carelessness being in the upper mid – range as aggravating factors.
The Committee was satisfied that Mr Cully has a recent history of riding in various states of Australia and he travels to New Zealand on a regular basis for rides in Jumping races.
After taking into account all the above factors the Committee considers an appropriate suspension was 3 days.
penalty:
Accordingly, Mr Cully had his license to ride in races suspended for a period to commence after racing on 21 August and conclude after racing on 28 August 2016 (3 days).
That period of suspension encompasses meetings at Murray Bridge, Morphettville and Te Aroha.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr R Cully - Class D Rider of NGATIRA GOLD
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0000bc8ffc4a94bd3caea31a26b29f46
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cd0059d844ff5e7a1767d851be5780ed
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/08/2016
meet_title: Pakuranga HC - 20 August 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: pakuranga-hc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Pakuranga HC