Archive Decision

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Whangarei RC 12 August 2018 – R 3 – Chair, Mr A Smith

ID: JCA16131

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr V Colgan - Class A Rider

Other Person:
Mr B Jones - Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward

Information Number:
A11055

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 12 August 2018

Meet Chair:
ASmith

Meet Committee Member 1:
ADooley

Race Date:
2018/08/12

Race Number:
R3

Decision:

As Mr Colgan admitted the breach, the Committee found the charge proved.

Penalty:

The Committee granted a deferment to Mr Colgan’s suspension pursuant to rule 1106(2).

Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on the 18th of August and conclude after racing on the 25th of August 2018.

Facts:

Following the running of Race 3, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Mr Colgan allowed his mount SHINE to shift in when not sufficiently clear of ONE ONE THREE which was checked near the 1050 metres.

Mr Colgan acknowledged that he understood the Rule and confirmed his admission of 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 Jones demonstrated the incident using the available video footage. He identified the horses SHINE (V.Colgan) and ONE ONE THREE (D.Danis).

Mr Jones showed that near the 1050m Mr Colgan commenced to angle his mount inwards. He said that Mr Colgan looked inwards on two occasions and on the second occasion his mount shifted in sharply causing a check to ONE ONE THREE. As a result Mr Danis the rider of ONE ONE THREE had to take hold of his mount. Mr Jones stated that when the interference occurred Mr Colgan was only a bare length clear.

Mr Colgan said that his horse did move in one horse width and it was a misjudgement on his part. Mr Colgan made further comment that the inward shift was for 2 strides and he straightened his mount but it was too late.

Submissions for Penalty:

Mr Williamson said that Mr Colgan had 3 previous breaches of this rule.

24/2/18 - 8 days and $750
27/12/18 - 7 days
18/10/18 - 4 days

Mr Williamson submitted that the level of carelessness was at the low range and a suspension in line with the JCA Penalty Guidelines would be appropriate.

Mr Colgan sought a 7 day deferment to allow him to ride at Te Rapa on the 18th of August.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage the Committee observed Mr Colgan riding his mount forward at approximately the 1000m. Mr Colgan looked to his inside and then commenced to move towards the running rail. During the inward shift Mr Colgan took the rightful running line of ONE ONE THREE who was checked. Mr Colgan did attempt to straighten his mount immediately after the inward shift but this occurred too late.

The Committee assessed the level of carelessness to be low range. The JCA Penalty Guide starting point of 6 days was adopted.

There were no aggravating factors.

Mr Colgan was afforded a one day reduction in penalty due to his admission of the breach.

Mr Colgan’s riding record was considered a neutral factor when assessing penalty.

After taking into account all factors the Committee considered that a 5 national day suspension was appropriate.

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: c0d3d5528fcc5d1eb7fc50b81f917b07


informantnumber: A11055


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 12/08/2018


hearing_title: Whangarei RC 12 August 2018 - R 3 - Chair, Mr A Smith


charge:


facts:

Following the running of Race 3, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Mr Colgan allowed his mount SHINE to shift in when not sufficiently clear of ONE ONE THREE which was checked near the 1050 metres.

Mr Colgan acknowledged that he understood the Rule and confirmed his admission of 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 Jones demonstrated the incident using the available video footage. He identified the horses SHINE (V.Colgan) and ONE ONE THREE (D.Danis).

Mr Jones showed that near the 1050m Mr Colgan commenced to angle his mount inwards. He said that Mr Colgan looked inwards on two occasions and on the second occasion his mount shifted in sharply causing a check to ONE ONE THREE. As a result Mr Danis the rider of ONE ONE THREE had to take hold of his mount. Mr Jones stated that when the interference occurred Mr Colgan was only a bare length clear.

Mr Colgan said that his horse did move in one horse width and it was a misjudgement on his part. Mr Colgan made further comment that the inward shift was for 2 strides and he straightened his mount but it was too late.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Colgan admitted the breach, the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson said that Mr Colgan had 3 previous breaches of this rule.

24/2/18 - 8 days and $750
27/12/18 - 7 days
18/10/18 - 4 days

Mr Williamson submitted that the level of carelessness was at the low range and a suspension in line with the JCA Penalty Guidelines would be appropriate.

Mr Colgan sought a 7 day deferment to allow him to ride at Te Rapa on the 18th of August.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage the Committee observed Mr Colgan riding his mount forward at approximately the 1000m. Mr Colgan looked to his inside and then commenced to move towards the running rail. During the inward shift Mr Colgan took the rightful running line of ONE ONE THREE who was checked. Mr Colgan did attempt to straighten his mount immediately after the inward shift but this occurred too late.

The Committee assessed the level of carelessness to be low range. The JCA Penalty Guide starting point of 6 days was adopted.

There were no aggravating factors.

Mr Colgan was afforded a one day reduction in penalty due to his admission of the breach.

Mr Colgan’s riding record was considered a neutral factor when assessing penalty.

After taking into account all factors the Committee considered that a 5 national day suspension was appropriate.


penalty:

The Committee granted a deferment to Mr Colgan’s suspension pursuant to rule 1106(2).

Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on the 18th of August and conclude after racing on the 25th of August 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr V Colgan - Class A Rider


Otherperson: Mr B Jones - Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 54a92267d720b26cd38c783809e28fa7


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


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race_km:


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race_chair:


race_pm1:


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meetdate: 12/08/2018


meet_title: Whangarei RC - 12 August 2018


meet_expappcomment:


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tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: ASmith


meet_pm1: ADooley


meet_pm2: none


name: Whangarei RC