Canterbury R 28 January 2017 – R 2 – Chair, Mr D Anderson
ID: JCA15961
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 28 January 2017
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/01/28
Race Number:
R2
Decision:
The charge was found to be proved.
Penalty:
We therefore determined that Mr Shaikh’s licence be suspended from the conclusion of racing 28 January 2017 up to and including 8 February 2017. This suspension encompasses the days racing at Gore (2 February 2017) Dunedin (4 February 2017) and Invercargill (8 February).
Facts:
Following the running of race 2, the “Fasttrack Insurance Added Stake Maiden”. Stipendiary Steward, Mr M Davidson filed an Information alleging a breach of rule 638 (1) (d). The Information stated “that P Shaikh ‘Susie Wolff’ shifted inwards near the 1200m when not clear checking D Bothamley ‘Spellbello’”.
Rule 638(1)(d) reads as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Shaikh had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Shaikh also agreed that he understood the charge and the Rule it was brought under.
Shortly after the hearing began Mr Pitman asked if this Information and one other involving the same rider and race be adjourned until the Dunedin meeting on 4 February 2017. Mr Pitman stated that would enable Mr. Michael Pitman to be present. He also stated that he “wasn’t in the right head space to help Mr Shaikh defend the charges”.
We considered this request but it was denied.
Submissions for Decision:
Mr Davidson used the race film to identify Mr Shaikh riding ‘Susie Wolff’ who was in mid-field and improving his position. At approximately the 1200m Mr Davidson said Mr Shaikh shifted into the racing line of Mr Bothamley ‘Spellbello’ who had to take a strong hold and check his horse. Mr Davidson said that Mr Shaikh was barely a length clear when shifting in. Mr Davidson said that he wouldn’t be calling any witnesses as the films were very clear.
Both Mr Shaikh and Mr Pitman used the available videos to contend that before Mr Shaikh crossed over, Mr Bothamley had already started to take hold of his horse. Mr Pitman added that ‘Spellbello’ had over reacted and that made the incident look worse than it was.
Reasons for Decision:
The Committee has reviewed films of the incident and taken into account all the facts presented. The films clearly show that at approximately 1200m Mr Shaikh has moved into the racing line of ‘Spellbello’ when not his length and another length clear, causing Mr Bothamley to check his horse.
Submissions for Penalty:
Mr Davidson said Mr Shaikh had three suspensions in the previous 12 months - on 24 June 2016 at Riccarton receiving 3 days and on 1 January 2017 at Waikouaiti where he had two breaches, receiving 2 days for each breach. Mr Davidson considered this incident to be mid–range and asked that a penalty of 3 days be considered.
Reasons for Penalty:
We have taken the three day starting point as provided in the JCA Penalty Guide. Mr Shaikh is a busy South Island apprentice and we considered his record and the severity of the check to Mr Bothamley. We see no reason to alter this starting point and we have decided that the appropriate penalty should be three 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: a6545f4ce2ac5bc1cc52b7867b5576f9
informantnumber: A8110
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: denied
penaltyrequired: 1
decisiondate: 01/02/2017
hearing_title: Canterbury R 28 January 2017 - R 2 - Chair, Mr D Anderson
charge:
facts:
Following the running of race 2, the “Fasttrack Insurance Added Stake Maiden”. Stipendiary Steward, Mr M Davidson filed an Information alleging a breach of rule 638 (1) (d). The Information stated “that P Shaikh ‘Susie Wolff’ shifted inwards near the 1200m when not clear checking D Bothamley ‘Spellbello’”.
Rule 638(1)(d) reads as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Shaikh had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Shaikh also agreed that he understood the charge and the Rule it was brought under.
Shortly after the hearing began Mr Pitman asked if this Information and one other involving the same rider and race be adjourned until the Dunedin meeting on 4 February 2017. Mr Pitman stated that would enable Mr. Michael Pitman to be present. He also stated that he “wasn’t in the right head space to help Mr Shaikh defend the charges”.
We considered this request but it was denied.
appealdecision:
isappeal:
submissionsfordecision:
Mr Davidson used the race film to identify Mr Shaikh riding ‘Susie Wolff’ who was in mid-field and improving his position. At approximately the 1200m Mr Davidson said Mr Shaikh shifted into the racing line of Mr Bothamley ‘Spellbello’ who had to take a strong hold and check his horse. Mr Davidson said that Mr Shaikh was barely a length clear when shifting in. Mr Davidson said that he wouldn’t be calling any witnesses as the films were very clear.
Both Mr Shaikh and Mr Pitman used the available videos to contend that before Mr Shaikh crossed over, Mr Bothamley had already started to take hold of his horse. Mr Pitman added that ‘Spellbello’ had over reacted and that made the incident look worse than it was.
reasonsfordecision:
The Committee has reviewed films of the incident and taken into account all the facts presented. The films clearly show that at approximately 1200m Mr Shaikh has moved into the racing line of ‘Spellbello’ when not his length and another length clear, causing Mr Bothamley to check his horse.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Davidson said Mr Shaikh had three suspensions in the previous 12 months - on 24 June 2016 at Riccarton receiving 3 days and on 1 January 2017 at Waikouaiti where he had two breaches, receiving 2 days for each breach. Mr Davidson considered this incident to be mid–range and asked that a penalty of 3 days be considered.
reasonsforpenalty:
We have taken the three day starting point as provided in the JCA Penalty Guide. Mr Shaikh is a busy South Island apprentice and we considered his record and the severity of the check to Mr Bothamley. We see no reason to alter this starting point and we have decided that the appropriate penalty should be three riding days.
penalty:
We therefore determined that Mr Shaikh’s licence be suspended from the conclusion of racing 28 January 2017 up to and including 8 February 2017. This suspension encompasses the days racing at Gore (2 February 2017) Dunedin (4 February 2017) and Invercargill (8 February).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr P Shaikh - Apprentice Rider
Otherperson: Mr Matthew Pitman - Licensed Trainer assisting Mr Shaikh
PersonPresent:
Respondent:
StipendSteward:
raceid: e5781074cd356c3506cd758c27d08fc6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2271918b25cbc69d7b5890042bf30020
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/01/2017
meet_title: Canterbury Racing - 28 January 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing