Marton JC 1 March 2019 – R 7 – Chair, Mr P Williams
ID: JCA16236
Code:
Thoroughbred
Meet Title:
Marton JC - 1 March 2019
Meet Chair:
PWilliams
Meet Committee Member 1:
NMoffatt
Race Date:
2019/03/01
Race Number:
R7
Decision:
As Ms Moki admitted the breach the charge is found proved.
Penalty:
Ms Moki is suspended from the close of racing on Friday 8 March 2019 to the close of racing on Thursday 14 March 2019.
Facts:
Following the running of race 7, the “Power Farming 1400”, Information A12274 was filed by Stipendiary Steward Mr N Goodwin under Rule 638(1)(d). The Information stated “in that Z Moki, allowed her mount to shift outwards when not clear of “Arturo” which was checked near the 100m”. Ms Moki signed the Information stating she did admit the breach and at the beginning of the hearing confirmed that was correct and that she understood the Rule under which she was charged. Ms Moki was assisted during the hearing by Mr D Walsh the Southern Training and Welfare Advisor.
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.
Using the available films from the top of the home straight Mr Goodwin identified Ms Moki racing in second place approximately 2 horse widths off the running rail. There was a gap between Ms Moki and the horse to her outside and behind and to the outside of Ms Moki was Mr Turner on “Arturo”. Mr Goodwin said as the horses were approaching the 100m mark Ms Moki, riding “Wings”, struck her horse once with the whip and shifted out into the line of Mr Turner’s horse which was improving to her outside. Ms Moki than struck “Wings” twice more before straightening for the run to the line. To a question from the Committee Mr Goodwin estimated that Ms Moki was no more than 1 length in front of Mr Turner when she shifted out causing Mr Turner to have to take corrective action. He added that Ms Moki only straightened “Wings” when she heard Mr Turner call out.
Ms Moki said “Wings” was laying out immediately prior to her shifting out but admitted she didn’t see Mr Turner to her outside and was only aware he was behind he when he called out at which point she immediately straightened her horse.
Mr Walsh showed the film of the start of the race which he said showed “Wings” was not racing kindly for Ms Moki for some distance and that this had not helped Ms Moki when she placed the horse under pressure in the final stages of the race. He said after shifting out she should not have hit the horse a further 2 times before straightening and had she straightened immediately she would not have been charged with a breach of the Rule.
Submissions for Penalty:
Mr Goodwin said Ms Moki had not breached this Rule in the previous 12 months. He said the Stewards had considered giving Ms Moki a warning in relation to the incident but had decided it just met the threshold for laying of a charge. He said Ms Moki had simply not done enough to straighten her horse immediately she had moved into Mr Turner’s line. He said a period of suspension was an appropriate penalty but did not make a specific submission on what the length of the suspension should be.
Ms Moki had no comments to make on penalty.
Mr Walsh asked the Committee to take into account Ms Moki’s admittance of what was a low-level breach and her good record. He also asked that any period of suspension be deferred until after racing at Otaki on 8 March 2019 as this would also allow Ms Moki to ride at Riccarton on 6 March 2019.
Reasons for Penalty:
The Committee has reviewed films of the incident and notes neither Ms Moki nor Mr Walsh disagreed with Mr Goodwin’s interpretation of the incident. Ms Moki has clearly shifted into Mr Turner’s rightful line of running when only 1 length clear of him which has caused him to check his mount. Whilst Ms Moki did straighten her mount when she heard Mr Turner call out, by then the “damage was done” because, by her own admittance, she had not realised Mr Turner was behind her.
The Committee notes Mr Goodwin’s comments that this is a low-level breach and that some consideration had been given to issuing Ms Moki with a warning before eventually deciding to charge her.
The Committee notes Ms Moki’s admittance of the breach and also exceptional riding record with her not having breached this Rule in the previous 12 months and for some considerable time before that. We assess the severity of the breach to be in the low-range with the starting point for such a breach being a suspension of six national riding days.
Taking all of the above matters into account we reduce the penalty by 2 national riding days. Ms Moki is therefore suspended for 4 national riding days and her request for a deferment of the suspension is approved in terms of Rule 1106(2).
JCA Decision Fields (raw)
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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: ce02c20a0f9921a06f77fd88128a80ab
informantnumber: A12274
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 03/03/2019
hearing_title: Marton JC 1 March 2019 - R 7 - Chair, Mr P Williams
charge:
facts:
Following the running of race 7, the “Power Farming 1400”, Information A12274 was filed by Stipendiary Steward Mr N Goodwin under Rule 638(1)(d). The Information stated “in that Z Moki, allowed her mount to shift outwards when not clear of “Arturo” which was checked near the 100m”. Ms Moki signed the Information stating she did admit the breach and at the beginning of the hearing confirmed that was correct and that she understood the Rule under which she was charged. Ms Moki was assisted during the hearing by Mr D Walsh the Southern Training and Welfare Advisor.
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.
Using the available films from the top of the home straight Mr Goodwin identified Ms Moki racing in second place approximately 2 horse widths off the running rail. There was a gap between Ms Moki and the horse to her outside and behind and to the outside of Ms Moki was Mr Turner on “Arturo”. Mr Goodwin said as the horses were approaching the 100m mark Ms Moki, riding “Wings”, struck her horse once with the whip and shifted out into the line of Mr Turner’s horse which was improving to her outside. Ms Moki than struck “Wings” twice more before straightening for the run to the line. To a question from the Committee Mr Goodwin estimated that Ms Moki was no more than 1 length in front of Mr Turner when she shifted out causing Mr Turner to have to take corrective action. He added that Ms Moki only straightened “Wings” when she heard Mr Turner call out.
Ms Moki said “Wings” was laying out immediately prior to her shifting out but admitted she didn’t see Mr Turner to her outside and was only aware he was behind he when he called out at which point she immediately straightened her horse.
Mr Walsh showed the film of the start of the race which he said showed “Wings” was not racing kindly for Ms Moki for some distance and that this had not helped Ms Moki when she placed the horse under pressure in the final stages of the race. He said after shifting out she should not have hit the horse a further 2 times before straightening and had she straightened immediately she would not have been charged with a breach of the Rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Moki admitted the breach the charge is found proved.
sumissionsforpenalty:
Mr Goodwin said Ms Moki had not breached this Rule in the previous 12 months. He said the Stewards had considered giving Ms Moki a warning in relation to the incident but had decided it just met the threshold for laying of a charge. He said Ms Moki had simply not done enough to straighten her horse immediately she had moved into Mr Turner’s line. He said a period of suspension was an appropriate penalty but did not make a specific submission on what the length of the suspension should be.
Ms Moki had no comments to make on penalty.
Mr Walsh asked the Committee to take into account Ms Moki’s admittance of what was a low-level breach and her good record. He also asked that any period of suspension be deferred until after racing at Otaki on 8 March 2019 as this would also allow Ms Moki to ride at Riccarton on 6 March 2019.
reasonsforpenalty:
The Committee has reviewed films of the incident and notes neither Ms Moki nor Mr Walsh disagreed with Mr Goodwin’s interpretation of the incident. Ms Moki has clearly shifted into Mr Turner’s rightful line of running when only 1 length clear of him which has caused him to check his mount. Whilst Ms Moki did straighten her mount when she heard Mr Turner call out, by then the “damage was done” because, by her own admittance, she had not realised Mr Turner was behind her.
The Committee notes Mr Goodwin’s comments that this is a low-level breach and that some consideration had been given to issuing Ms Moki with a warning before eventually deciding to charge her.
The Committee notes Ms Moki’s admittance of the breach and also exceptional riding record with her not having breached this Rule in the previous 12 months and for some considerable time before that. We assess the severity of the breach to be in the low-range with the starting point for such a breach being a suspension of six national riding days.
Taking all of the above matters into account we reduce the penalty by 2 national riding days. Ms Moki is therefore suspended for 4 national riding days and her request for a deferment of the suspension is approved in terms of Rule 1106(2).
penalty:
Ms Moki is suspended from the close of racing on Friday 8 March 2019 to the close of racing on Thursday 14 March 2019.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Ms Z Moki - Apprentice Jockey
Otherperson: Mr D Walsh - Training and Welfare Advisor
PersonPresent:
Respondent:
StipendSteward:
raceid: c0a05f1f0512b66ffff10910b199bd00
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4713b7f2f2e172d526af60867a76c499
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/03/2019
meet_title: Marton JC - 1 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marton-jc
meet_racingtype: thoroughbred-racing
meet_chair: PWilliams
meet_pm1: NMoffatt
meet_pm2: none
name: Marton JC