Canterbury R 16 February 2011 – R 6
ID: JCA16306
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 16 February 2011
Meet Chair:
KHales
Meet Committee Member 1:
PRosanowski
Race Date:
2011/02/16
Race Number:
6
Decision:
Having made the above findings, this panel is left in no doubt that Mr Misbah rode carelessly.
The charge is found proved accordingly."
Penalty:
Thus, Mr Misbah is suspended from the conclusion of racing on Saturday 19th February 2011 until the conclusion of racing on Sunday 6th March 2011. That encompasses meetings at Riccarton 25th February, Omakau 4th March and Cromwell 6th March 2011.
Charge:
Following the running of Race 6, it was alleged that MH Misbah, Licensed Jockey had allowed his mount "Captain Todd" to shift in when not sufficiently clear causing a check to "No Rosettes" (J Morris) passing the 200 metres.
Facts:
As a result of an incident when the field was approximately 200 metres from the finishing post, Licensed Jockey MH Misbah was charged with careless riding pursuant to Rule 638(1)(d) of the Rules of Racing.
Rule 638(1)(d) reads
" A rider shall not ride a horse in a manner which the Judicial Committee considers to be....
(d) Careless.."
It was alleged that the defendant had allowed his mount "Captain Todd" to shift in when not sufficiently clear causing a check to "No Rosettes" when passing the 200 metres.
Mr Misbah was present at the hearing and denied the charge.
Submissions for Decision:
The Stipendiary Steward's case commenced with the showing of the incident on the video coverage. The incident was explained by Mr M Davidson, Stipendiary Steward. He pointed out how "Captain Todd" was in the trail of the leading horse "Catanova". "No Rosettes" was on the rail with room directly in front of it to improve. As "No Rosettes" commenced its forward movement, Mr Misbah eased his mount off the heels of "Catanova" and took the line of "No Rosettes". As a consequence, Ms Morris had to check her mount, which lost momentum. Mr Davidson said that there may have been contact between the two horses.
Ms Morris (Licensed Jockey) was called to give evidence. She told the hearing that she was improving on the rail and had moved 3/4 of a length inside of "Captain Todd". She said that at that point Mr Misbah took his mount across her line and she had to check her mount accordingly. She said that prior to the incident that she had a clear run and that her mount was "running on".
Mr Misbah did not have any questions to put to either Mr Davidson or Ms Morris.
By way of defence, Mr Misbah stated that Ms Morris was only 1/2 a length inside of him, and said that if "No Rosettes" had been "good enough" it would have taken the gap. In any event, Mr Misbah said there was enough room for two horses. He was inviting us to draw the inference that had "No Rosettes" been travelling well enough that it would have kept "Captain Todd" out. He also said that the leading horse "Catanova" shifted out which contributed to the incident.
In answer to a question from the Chairman as to whether he was his own length and another length clear when he commenced his inward movement, Mr Misbah responded by saying that he couldn't see the horse inside of him to make that determination.
Mr Oatham summed up on behalf of the Stipendiary Stewards by saying that the video evidence was clear and that there was never enough room for two horses. He said that Mr Misbah, by his actions, took Ms Morris' rightful running line. Ms Morris was checked as a result of Mr Misbah shifting ground.
Reasons for Decision:
On Raceday, we delivered the following decision.
" We have considered the evidence carefully. The Stipendiary Steward's case is that Mr Misbah allowed his mount "Captain Todd" to shift in when not sufficiently clear causing a check to "No Rosettes" (J Morris) passing the 200 metres.
Mr Davidson (Stipendiary Steward) demonstrated the incident from the video coverage, from several different camera angles. The most helpful view was from the "turning for home" camera which showed a rear on view of the field. From this it was able to be seen how Ms Morris was one off the rail with clear racing room in front of her mount. Just as she began to improve, Mr Misbah moved off the heels of the leading horse, "Catanova", on to the line of Ms Morris. It appears as though there may have been some minor contact, but whatever the situation, Ms Morris' mount was checked.
In defence, Mr Misbah said that Ms Morris had improved on her line and was about 1/2 a length into the gap between the rail and "Catanova" when he went across. He said that if "No Rosettes" was good enough, it would have taken the gap. He said there was enough room for 2 horses and that to all intents and purposes. "Catanova" was dictating his line.
In answer to a question from the Chairman, Mr Misbah acknowledged that he was conducting a passing movement but that he could not see the horse inside of him to determine whether he was his own length and another horse length clear.
Having considered all of the evidence we find as fact the following:
- "Captain Todd" was trailing the leading horse, "Catanova";
- "No Rosettes" was enjoying a rails run, and at the relevant time, there was a clear running line ahead of it, between the rail and the leading horse;
- Mr Misbah took his mount off the heels of the leading horse and commenced an inward movement;
- In the process, he took ownership of Ms Morris' rightful running line when not his own length and another length clear of "No Rosettes";
- There was some minor contact between "Captain Todd" and "No Rosettes";
- "No Rosettes" was checked and lost momentum.
Submissions for Penalty:
Mr Oatham said that Mr Misbah had only been charged once in the preceding 12 months with careless riding and that was on 27/02/10.
He submitted that the degree of carelessness was "mid-range" and that a suspension should be set which was commensurate with careless riding to that degree.
Mr Misbah had no submissions to make on penalty. He did advise the committee that he had riding engagements at Invercargill on Saturday 19th February and applied for a deferrment of penalty.
Reasons for Penalty:
We delivered the following penalty decision on raceday:
"Mr Oatham told us that Mr Misbah has had only one suspension for a breach of this rule in the last 12 months and that was on 27th February 2010. He said the degree of carelessness was medium range and that a suspension commensurate with medium range carelessness should be imposed.
Mr Misbah had no submissions on penalty.
Mr Misbah is a busy South Island jockey. He has a good record. His degree of carelessness was close to medium range, but with an element of competitive riding attached to it. Clearly Mr Misbah's mount was full of running and Mr Misbah had to get off the heels of "Catanova" if he was to stand any chance of winning. Unfortunately, in the process, he caused quite a significant check to "No Rosettes".
Taking all matters into account, we set the suspension at 3 race riding days. We apply the 7 day deferrment rule as Mr Misbah has satisfied us that he has riding engagements at Invercargill on Saturday 19th February.
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: d72c8c2106325f7bc1cfb12f3acacd00
informantnumber: 6971
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 09/02/2011
hearing_title: Canterbury R 16 February 2011 - R 6
charge:
Following the running of Race 6, it was alleged that MH Misbah, Licensed Jockey had allowed his mount "Captain Todd" to shift in when not sufficiently clear causing a check to "No Rosettes" (J Morris) passing the 200 metres.
facts:
As a result of an incident when the field was approximately 200 metres from the finishing post, Licensed Jockey MH Misbah was charged with careless riding pursuant to Rule 638(1)(d) of the Rules of Racing.
Rule 638(1)(d) reads
" A rider shall not ride a horse in a manner which the Judicial Committee considers to be....
(d) Careless.."
It was alleged that the defendant had allowed his mount "Captain Todd" to shift in when not sufficiently clear causing a check to "No Rosettes" when passing the 200 metres.
Mr Misbah was present at the hearing and denied the charge.
appealdecision:
isappeal:
submissionsfordecision:
The Stipendiary Steward's case commenced with the showing of the incident on the video coverage. The incident was explained by Mr M Davidson, Stipendiary Steward. He pointed out how "Captain Todd" was in the trail of the leading horse "Catanova". "No Rosettes" was on the rail with room directly in front of it to improve. As "No Rosettes" commenced its forward movement, Mr Misbah eased his mount off the heels of "Catanova" and took the line of "No Rosettes". As a consequence, Ms Morris had to check her mount, which lost momentum. Mr Davidson said that there may have been contact between the two horses.
Ms Morris (Licensed Jockey) was called to give evidence. She told the hearing that she was improving on the rail and had moved 3/4 of a length inside of "Captain Todd". She said that at that point Mr Misbah took his mount across her line and she had to check her mount accordingly. She said that prior to the incident that she had a clear run and that her mount was "running on".
Mr Misbah did not have any questions to put to either Mr Davidson or Ms Morris.
By way of defence, Mr Misbah stated that Ms Morris was only 1/2 a length inside of him, and said that if "No Rosettes" had been "good enough" it would have taken the gap. In any event, Mr Misbah said there was enough room for two horses. He was inviting us to draw the inference that had "No Rosettes" been travelling well enough that it would have kept "Captain Todd" out. He also said that the leading horse "Catanova" shifted out which contributed to the incident.
In answer to a question from the Chairman as to whether he was his own length and another length clear when he commenced his inward movement, Mr Misbah responded by saying that he couldn't see the horse inside of him to make that determination.
Mr Oatham summed up on behalf of the Stipendiary Stewards by saying that the video evidence was clear and that there was never enough room for two horses. He said that Mr Misbah, by his actions, took Ms Morris' rightful running line. Ms Morris was checked as a result of Mr Misbah shifting ground.
reasonsfordecision:
On Raceday, we delivered the following decision.
" We have considered the evidence carefully. The Stipendiary Steward's case is that Mr Misbah allowed his mount "Captain Todd" to shift in when not sufficiently clear causing a check to "No Rosettes" (J Morris) passing the 200 metres.
Mr Davidson (Stipendiary Steward) demonstrated the incident from the video coverage, from several different camera angles. The most helpful view was from the "turning for home" camera which showed a rear on view of the field. From this it was able to be seen how Ms Morris was one off the rail with clear racing room in front of her mount. Just as she began to improve, Mr Misbah moved off the heels of the leading horse, "Catanova", on to the line of Ms Morris. It appears as though there may have been some minor contact, but whatever the situation, Ms Morris' mount was checked.
In defence, Mr Misbah said that Ms Morris had improved on her line and was about 1/2 a length into the gap between the rail and "Catanova" when he went across. He said that if "No Rosettes" was good enough, it would have taken the gap. He said there was enough room for 2 horses and that to all intents and purposes. "Catanova" was dictating his line.
In answer to a question from the Chairman, Mr Misbah acknowledged that he was conducting a passing movement but that he could not see the horse inside of him to determine whether he was his own length and another horse length clear.
Having considered all of the evidence we find as fact the following:
- "Captain Todd" was trailing the leading horse, "Catanova";
- "No Rosettes" was enjoying a rails run, and at the relevant time, there was a clear running line ahead of it, between the rail and the leading horse;
- Mr Misbah took his mount off the heels of the leading horse and commenced an inward movement;
- In the process, he took ownership of Ms Morris' rightful running line when not his own length and another length clear of "No Rosettes";
- There was some minor contact between "Captain Todd" and "No Rosettes";
- "No Rosettes" was checked and lost momentum.
Decision:
Having made the above findings, this panel is left in no doubt that Mr Misbah rode carelessly.
The charge is found proved accordingly."
sumissionsforpenalty:
Mr Oatham said that Mr Misbah had only been charged once in the preceding 12 months with careless riding and that was on 27/02/10.
He submitted that the degree of carelessness was "mid-range" and that a suspension should be set which was commensurate with careless riding to that degree.
Mr Misbah had no submissions to make on penalty. He did advise the committee that he had riding engagements at Invercargill on Saturday 19th February and applied for a deferrment of penalty.
reasonsforpenalty:
We delivered the following penalty decision on raceday:
"Mr Oatham told us that Mr Misbah has had only one suspension for a breach of this rule in the last 12 months and that was on 27th February 2010. He said the degree of carelessness was medium range and that a suspension commensurate with medium range carelessness should be imposed.
Mr Misbah had no submissions on penalty.
Mr Misbah is a busy South Island jockey. He has a good record. His degree of carelessness was close to medium range, but with an element of competitive riding attached to it. Clearly Mr Misbah's mount was full of running and Mr Misbah had to get off the heels of "Catanova" if he was to stand any chance of winning. Unfortunately, in the process, he caused quite a significant check to "No Rosettes".
Taking all matters into account, we set the suspension at 3 race riding days. We apply the 7 day deferrment rule as Mr Misbah has satisfied us that he has riding engagements at Invercargill on Saturday 19th February.
penalty:
Thus, Mr Misbah is suspended from the conclusion of racing on Saturday 19th February 2011 until the conclusion of racing on Sunday 6th March 2011. That encompasses meetings at Riccarton 25th February, Omakau 4th March and Cromwell 6th March 2011.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J Oatham - Stipendiary Steward
JockeysandTrainer: MH Misbah - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b14fb6644f4b82fc38aef0d319c28c98
race_expapproval:
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race_emailed1: 0
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race_title: 6
submittochair:
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meetdate: 16/02/2011
meet_title: Canterbury Racing - 16 February 2011
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meet_otherexp:
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meet_pm1: PRosanowski
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name: Canterbury Racing