Archive Decision

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Auckland RC 8 December 2012 – R 8

ID: JCA16275

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mr C Dell - Apprentice Rider

Other Person:
Mr M Williamson - Stipendiary Steward, Mr T Cole - Trainer, assisting Mr Dell

Information Number:
A4872

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 8 December 2012

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2012/12/08

Race Number:
R8

Decision:

As Mr Dell admitted the breach we find the charge proved.

Penalty:

We grant Mr Dell's request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Dell which will commence after racing on 15 December 2012 and conclude after racing on 27 December 2012 (6 days).

Charge:

Following race 8, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham alleged that near the 1100 metres Mr Dell permitted his mount DEMOPHON to shift in when not clear of TRAPICHE (M Sweeney), crowding that runner on to COOL STORM (A Calder), which was checked.

Facts:

Mr Williamson demonstrated the incident by using all the available films. He pointed out to the committee on the head on film that Mr Dell angled his mount into the rightful running line of TRAPICHE who was forced in onto COOL STORM who was crowded. The side on film showed that Mr Dell was only ½ a length clear when moving in.

Mr Dell said he was riding forward to obtain a handy position and believed he received pressure from his outside that contributed to the incident. He conceded that he did crowd horses on his inside which had their rightful line of running affected.

Mr Cole acknowledged that Mr Dell did tighten horses racing on his inside for a stride, but believed he was dictated by the inward movement from horses on his outer.

Submissions for Penalty:

Mr Oatham produced Mr Dell's record which showed 6 previous breaches under this rule in the last 12 months. He said it was not a good record noting that Mr Dell is still relatively early in his career and was trying too hard. He further stated that it was hard for Mr Dell to relieve pressure with the horses around him and assessed the level of carelessness as low end. He submitted the aggravating fact was the race had Group 3 status.

Mr Dell after a brief adjournment with Mr Cole submitted that he had firm commitments up to and including 15 December and was seeking a deferment to his proposed suspension.

Mr Dell told the committee that he had been asked to go and ride for Mr Hamilton in the South Island. When questioned by the committee Mr Dell conceded that no firm commitments had taken place.

In response to a question from the committee, Mr Dell advised us that he had no intention to ride at Dunedin, Ashburton and Gore. This was also confirmed by Mr Cole.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Dell's admission of the breach and the level of carelessness which we assess as low range. The aggravating facts are Mr Dell's poor record, the status of the race a Group 3 worth $70,000. Balancing all of the above facts we independently assess an appropriate penalty is 6 North Island 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: d38e5dc0a63b115509791d2cc7e70c60


informantnumber: A4872


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/11/2012


hearing_title: Auckland RC 8 December 2012 - R 8


charge:

Following race 8, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham alleged that near the 1100 metres Mr Dell permitted his mount DEMOPHON to shift in when not clear of TRAPICHE (M Sweeney), crowding that runner on to COOL STORM (A Calder), which was checked.


facts:

Mr Williamson demonstrated the incident by using all the available films. He pointed out to the committee on the head on film that Mr Dell angled his mount into the rightful running line of TRAPICHE who was forced in onto COOL STORM who was crowded. The side on film showed that Mr Dell was only ½ a length clear when moving in.

Mr Dell said he was riding forward to obtain a handy position and believed he received pressure from his outside that contributed to the incident. He conceded that he did crowd horses on his inside which had their rightful line of running affected.

Mr Cole acknowledged that Mr Dell did tighten horses racing on his inside for a stride, but believed he was dictated by the inward movement from horses on his outer.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Dell admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Dell's record which showed 6 previous breaches under this rule in the last 12 months. He said it was not a good record noting that Mr Dell is still relatively early in his career and was trying too hard. He further stated that it was hard for Mr Dell to relieve pressure with the horses around him and assessed the level of carelessness as low end. He submitted the aggravating fact was the race had Group 3 status.

Mr Dell after a brief adjournment with Mr Cole submitted that he had firm commitments up to and including 15 December and was seeking a deferment to his proposed suspension.

Mr Dell told the committee that he had been asked to go and ride for Mr Hamilton in the South Island. When questioned by the committee Mr Dell conceded that no firm commitments had taken place.

In response to a question from the committee, Mr Dell advised us that he had no intention to ride at Dunedin, Ashburton and Gore. This was also confirmed by Mr Cole.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Dell's admission of the breach and the level of carelessness which we assess as low range. The aggravating facts are Mr Dell's poor record, the status of the race a Group 3 worth $70,000. Balancing all of the above facts we independently assess an appropriate penalty is 6 North Island days.


penalty:

We grant Mr Dell's request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Dell which will commence after racing on 15 December 2012 and conclude after racing on 27 December 2012 (6 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mr C Dell - Apprentice Rider


Otherperson: Mr M Williamson - Stipendiary Steward, Mr T Cole - Trainer, assisting Mr Dell


PersonPresent:


Respondent:


StipendSteward:


raceid: d807fc7dd1b0b06f5b59011b0d144e31


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


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meetid: 89be53e719f719146de87f41591e793b


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meetdate: 08/12/2012


meet_title: Auckland RC - 8 December 2012


meet_expappcomment:


meet_km:


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tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Auckland RC