Canterbury R 25 June 2016 – R 9 – Chair, Mr R McKenzie
ID: JCA15978
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 25 June 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DJackson
Race Date:
2016/06/25
Race Number:
R9
Decision:
The charge was found proved.
Penalty:
Mr Shaikh’s application for a deferment was granted. Mr Shaikh’s Apprentice Jockey’s licence (Class B) is suspended from after the close of racing on 30 June next up to and including 22 July next – 3 riding days. The three meetings intended to be encompassed by that period are Ashburton on 8th July, Oamaru on 17th July and South Canterbury on 22nd July next.
Facts:
Following the running of Race 9, Norwood Farm Machinery Rating 65 (2000 metres), an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr P Shaikh, alleging that Mr Shaikh, as the rider of SHOW MACOOL in the race, “allowed his mount to shift in checking NAKOMA (D Chin) and RUBY TUESDAY (B Moore) passing the 1000 metres”.
Mr Shaikh was present at the hearing of the information and he indicated that he denied the breach. He was assisted at the hearing by his employer, Licensed Trainer (Class A), Mr M R Pitman.
Rule 638 provides as follows:
(3) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
Submissions for Decision:
Mr McLaughlin had Stipendiary Steward, Mr M R Davidson, show head-on and side-on video replays of the relevant part of the race, a 2000 metres event. Mr Davidson pointed out the relevant runners. Mr Shaikh was racing 3 or 4 wide approaching the 1000 metres with NAKOMA, ridden by Mr Chin, on his inside and RUBY TUESDAY, ridden by Miss MOORE, on the inside of that runner. With those two runners on his inside, Mr Shaikh then shifted inwards crowding those two runners, with Mr Chin’s mount clipping a heel and “blundering”, Mr Davidson submitted.
Mr Davidson said that the Steward were alleging that Mr Shaikh had shifted his mount inwards behind FUGAWI (L J Allpress), which was racing 2-wide, while he had two runners on his inside. Mr McLaughlin then showed a side-on video replay of the incident.
Mr Chin told the hearing that he had been established in a position outside of RUBY TUESDAY and one-off the running rail for some distance. He clipped a heel when the runner on his outside, SHOW MACOOL, crossed in front of him. That runner had not been clear of him when it crossed. Mr Pitman questioned for what distance Mr Chin had been established in that position. It only got tight when Mr Chin got up between Mr Shaikh and Miss Moore, Mr Pitman submitted.
Mr Pitman referred to the video replays. He said that Mr Shaikh had been 3-wide and Mrs Allpress had been “kicking up’ inside him. Mr Shaikh then went to drop in behind Mrs Allpress, he said, and his line had been dictated by Miss Allpress. She had not been her own length and another length clear as required, Mr Pitman submitted. Mr Shaikh had nowhere to go, Mr Pitman submitted, and Mr Shaikh had not been careless but had changed ground because he was forced to. Mr McLaughlin disputed Mr Pitman’s submission and submitted that Mrs Allpress had always been clear of Mr Shaikh and had not dictated Mr Shaikh’s line.
Reasons for Decision:
The Committee listened carefully to the evidence and submissions of the parties and carefully studied the video replays of the incident in which Mr Chin’s mount clipped the heels of SHOW MACOOL, ridden by Mr Shaikh, near the 1000 metres. We found Mr Chin’s evidence to be quite compelling – his mount, which had been racing two off the rail, had clipped a heel when Mr Shaikh’s mount crossed in front of him, from 3-wide to 2-wide, when not clear. This was, in the Committee’s view, clearly supported by the video evidence shown to the hearing.
Mr Shaikh’s defence to the charge of careless riding, as presented by Mr Pitman, was based on the assertion that Mr Shaikh had been forced to shift his mount inwards as a result of being dictated to by Mrs Allpress, riding FUGAWI, which had tightened him when crossing.
The Committee was satisfied that no blame could be attached to Mrs Allpress but, rather, we were satisfied that Mr Shaikh had shifted inwards, in an attempt to get from a 3-wide position to a 2-wide position, when not clear of NAKOMA, ridden by Mr Chin, causing that runner to clip the heels of Mr Shaikh’s mount and stumble and also cause some interference to Miss Moore’s mount, RUBY TUESDAY. It was fortunate that the consequences of Mr Shaikh’s actions were not more serious.
Submissions for Penalty:
Mr McLaughlin informed the Committee that Mr Shaikh had a clear record under the careless riding Rule. The level of carelessness was in the mid-to-high range, Mr McLaughlin submitted. He submitted that a 3-days’ suspension was an appropriate penalty.
Neither Mr Pitman nor Mr Shaikh had any submission to make in relation to penalty, except to seek a deferment to enable Mr Shaikh to fulfil riding engagements at the Otago meeting on 30th June. Mr Pitman said that a 3-days’ suspension was appropriate.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point for penalty as suggested in the Penalty Guide – 3 days’ suspension for a South Island rider, as Mr Shaikh is. We agreed with Mr McLaughlin that the degree of carelessness was in the mid-to-high range and, on that basis, the Committee considered that an uplift of 1 day from the starting point was warranted.
The sole mitigating factor in this case was Mr Shaikh’s clear record under the Rule. We considered that mitigating factor to warrant a discount of 1 day from the 4 days arrived at.
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: aa892d4c1561b66a188aab54a1edbacf
informantnumber: A6387
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 27/06/2016
hearing_title: Canterbury R 25 June 2016 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Norwood Farm Machinery Rating 65 (2000 metres), an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr P Shaikh, alleging that Mr Shaikh, as the rider of SHOW MACOOL in the race, “allowed his mount to shift in checking NAKOMA (D Chin) and RUBY TUESDAY (B Moore) passing the 1000 metres”.
Mr Shaikh was present at the hearing of the information and he indicated that he denied the breach. He was assisted at the hearing by his employer, Licensed Trainer (Class A), Mr M R Pitman.
Rule 638 provides as follows:
(3) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
appealdecision:
isappeal:
submissionsfordecision:
Mr McLaughlin had Stipendiary Steward, Mr M R Davidson, show head-on and side-on video replays of the relevant part of the race, a 2000 metres event. Mr Davidson pointed out the relevant runners. Mr Shaikh was racing 3 or 4 wide approaching the 1000 metres with NAKOMA, ridden by Mr Chin, on his inside and RUBY TUESDAY, ridden by Miss MOORE, on the inside of that runner. With those two runners on his inside, Mr Shaikh then shifted inwards crowding those two runners, with Mr Chin’s mount clipping a heel and “blundering”, Mr Davidson submitted.
Mr Davidson said that the Steward were alleging that Mr Shaikh had shifted his mount inwards behind FUGAWI (L J Allpress), which was racing 2-wide, while he had two runners on his inside. Mr McLaughlin then showed a side-on video replay of the incident.
Mr Chin told the hearing that he had been established in a position outside of RUBY TUESDAY and one-off the running rail for some distance. He clipped a heel when the runner on his outside, SHOW MACOOL, crossed in front of him. That runner had not been clear of him when it crossed. Mr Pitman questioned for what distance Mr Chin had been established in that position. It only got tight when Mr Chin got up between Mr Shaikh and Miss Moore, Mr Pitman submitted.
Mr Pitman referred to the video replays. He said that Mr Shaikh had been 3-wide and Mrs Allpress had been “kicking up’ inside him. Mr Shaikh then went to drop in behind Mrs Allpress, he said, and his line had been dictated by Miss Allpress. She had not been her own length and another length clear as required, Mr Pitman submitted. Mr Shaikh had nowhere to go, Mr Pitman submitted, and Mr Shaikh had not been careless but had changed ground because he was forced to. Mr McLaughlin disputed Mr Pitman’s submission and submitted that Mrs Allpress had always been clear of Mr Shaikh and had not dictated Mr Shaikh’s line.
reasonsfordecision:
The Committee listened carefully to the evidence and submissions of the parties and carefully studied the video replays of the incident in which Mr Chin’s mount clipped the heels of SHOW MACOOL, ridden by Mr Shaikh, near the 1000 metres. We found Mr Chin’s evidence to be quite compelling – his mount, which had been racing two off the rail, had clipped a heel when Mr Shaikh’s mount crossed in front of him, from 3-wide to 2-wide, when not clear. This was, in the Committee’s view, clearly supported by the video evidence shown to the hearing.
Mr Shaikh’s defence to the charge of careless riding, as presented by Mr Pitman, was based on the assertion that Mr Shaikh had been forced to shift his mount inwards as a result of being dictated to by Mrs Allpress, riding FUGAWI, which had tightened him when crossing.
The Committee was satisfied that no blame could be attached to Mrs Allpress but, rather, we were satisfied that Mr Shaikh had shifted inwards, in an attempt to get from a 3-wide position to a 2-wide position, when not clear of NAKOMA, ridden by Mr Chin, causing that runner to clip the heels of Mr Shaikh’s mount and stumble and also cause some interference to Miss Moore’s mount, RUBY TUESDAY. It was fortunate that the consequences of Mr Shaikh’s actions were not more serious.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr McLaughlin informed the Committee that Mr Shaikh had a clear record under the careless riding Rule. The level of carelessness was in the mid-to-high range, Mr McLaughlin submitted. He submitted that a 3-days’ suspension was an appropriate penalty.
Neither Mr Pitman nor Mr Shaikh had any submission to make in relation to penalty, except to seek a deferment to enable Mr Shaikh to fulfil riding engagements at the Otago meeting on 30th June. Mr Pitman said that a 3-days’ suspension was appropriate.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point for penalty as suggested in the Penalty Guide – 3 days’ suspension for a South Island rider, as Mr Shaikh is. We agreed with Mr McLaughlin that the degree of carelessness was in the mid-to-high range and, on that basis, the Committee considered that an uplift of 1 day from the starting point was warranted.
The sole mitigating factor in this case was Mr Shaikh’s clear record under the Rule. We considered that mitigating factor to warrant a discount of 1 day from the 4 days arrived at.
penalty:
Mr Shaikh’s application for a deferment was granted. Mr Shaikh’s Apprentice Jockey’s licence (Class B) is suspended from after the close of racing on 30 June next up to and including 22 July next – 3 riding days. The three meetings intended to be encompassed by that period are Ashburton on 8th July, Oamaru on 17th July and South Canterbury on 22nd July next.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J M McLaughlin, Stipendiary Steward
JockeysandTrainer: P Shaikh, Licensed Apprentice Jockey (Class B)
Otherperson: M R Pitman, Licensed Trainer (Class A), Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 0771137044dbeb27793408b06ac36cb6
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race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
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meetdate: 25/06/2016
meet_title: Canterbury Racing - 25 June 2016
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tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
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name: Canterbury Racing