Whangarei RC 13 July 2019 – R 1- Chair, Mr A Dooley
ID: JCA16357
Code:
Thoroughbred
Meet Title:
Whangarei RC - 13 July 2019
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2019/07/13
Race Number:
R1
Decision:
As Ms Smyth admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted a deferment to Ms Smyth’s suspension pursuant to Rule 1106(2).
Accordingly, Ms Smyth had her license to ride in races suspended for a period to commence after racing on 17 July and conclude after racing on 27 July 2019.
Facts:
Following the running of race 1, Whangarei ITM, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Ms Smyth allowed THE BUFFER to shift in under pressure hampering and unbalancing TUMBLEWEED on 2 occasions in the final straight.
Ms Smyth said that she understood the Rule and confirmed her 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 Coles demonstrated the incident using the available video footage. He identified that Ms Smyth allowed her mount to shift in under pressure near the 250 metres. In doing so she hampered TUMBLEWEED and Mr Coles said that she struck her mount 1 too many times. He identified that near the 175 metres THE BUFFER shifted in again and made heavy contact with TUMBLEWEED causing its rider Mr Coleman to be significantly unbalanced.
Ms Smyth said that THE BUFFER was very green and she did straighten her mount up after the first inward shift. She added that in relation to the second shift at the 175 metres, this occurred when ANNIE’S SONG loomed up on her outside and it caused her mount to shift inwards.
Submissions for Penalty:
Mr Williamson produced Ms Smyth’s record which showed 3 previous breaches of this Rule in the last 12 months.
21/7/2018 – 5 days
8/12/2018 – 8 days
2/3/2019 – 9 days (Group race)
Mr Williamson said that the Stewards acknowledged Ms Smyth’s mount was having its first start and therefore it was inexperienced. However, he submitted that after THE BUFFER showed a tendency to lay in Ms Smyth had an obligation to straighten her mount. Further he said that Ms Smyth should not have used her whip on the second occasion whilst her mount was shifting in. On that basis he said the Stewards placed the level of carelessness in the mid-range. In conclusion Mr Williamson said that when spoken to after the race Mr Coleman was of the view that the check cost TUMBLEWEED the opportunity to win the race.
Ms Smyth advised the Committee that she had engagements at Counties on 17 July and any proposed suspension could start after that date. She said that Mr Coleman never stopped riding TUMBLEWEED and it was well beaten.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
When reviewing the video footage we observed Ms Smyth was riding her mount forward when it shifted in under pressure passing the 250 metres. Rather than taking immediate corrective action Ms Smyth struck her mount on 1 further occasion with the whip. As a result THE BUFFER made contact with TUMBLEWEED. At the 175 metres Ms Smyth again allowed her mount to shift inwards when using her whip. As a consequence TUMBLEWEED was badly hampered when its hind quarters were pushed sideways.
The Committee deemed the level of carelessness displayed by Ms Smyth was mid-range.
The JCA Penalty Guide starting point for mid-range carelessness is 8 national riding days which was adopted.
The mitigating factor was Ms Smyth’s admission of the breach for which she was afforded a 1 day reduction in penalty.
The Committee gave careful consideration to Ms Smyth’s record given that this breach constitutes her 4th breach in the last 12 months. However, on reflection we noted that 1 breach will reset in a week. On that basis Ms Smyth’s record was deemed to be a neutral factor.
After taking into account all the above factors the Committee considered that an appropriate suspension was 7 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: a988658318dfc3a57304ebaea0f00495
informantnumber: A11317
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 13/07/2019
hearing_title: Whangarei RC 13 July 2019 - R 1- Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Whangarei ITM, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Ms Smyth allowed THE BUFFER to shift in under pressure hampering and unbalancing TUMBLEWEED on 2 occasions in the final straight.
Ms Smyth said that she understood the Rule and confirmed her 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 Coles demonstrated the incident using the available video footage. He identified that Ms Smyth allowed her mount to shift in under pressure near the 250 metres. In doing so she hampered TUMBLEWEED and Mr Coles said that she struck her mount 1 too many times. He identified that near the 175 metres THE BUFFER shifted in again and made heavy contact with TUMBLEWEED causing its rider Mr Coleman to be significantly unbalanced.
Ms Smyth said that THE BUFFER was very green and she did straighten her mount up after the first inward shift. She added that in relation to the second shift at the 175 metres, this occurred when ANNIE’S SONG loomed up on her outside and it caused her mount to shift inwards.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Smyth admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson produced Ms Smyth’s record which showed 3 previous breaches of this Rule in the last 12 months.
21/7/2018 – 5 days
8/12/2018 – 8 days
2/3/2019 – 9 days (Group race)
Mr Williamson said that the Stewards acknowledged Ms Smyth’s mount was having its first start and therefore it was inexperienced. However, he submitted that after THE BUFFER showed a tendency to lay in Ms Smyth had an obligation to straighten her mount. Further he said that Ms Smyth should not have used her whip on the second occasion whilst her mount was shifting in. On that basis he said the Stewards placed the level of carelessness in the mid-range. In conclusion Mr Williamson said that when spoken to after the race Mr Coleman was of the view that the check cost TUMBLEWEED the opportunity to win the race.
Ms Smyth advised the Committee that she had engagements at Counties on 17 July and any proposed suspension could start after that date. She said that Mr Coleman never stopped riding TUMBLEWEED and it was well beaten.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
When reviewing the video footage we observed Ms Smyth was riding her mount forward when it shifted in under pressure passing the 250 metres. Rather than taking immediate corrective action Ms Smyth struck her mount on 1 further occasion with the whip. As a result THE BUFFER made contact with TUMBLEWEED. At the 175 metres Ms Smyth again allowed her mount to shift inwards when using her whip. As a consequence TUMBLEWEED was badly hampered when its hind quarters were pushed sideways.
The Committee deemed the level of carelessness displayed by Ms Smyth was mid-range.
The JCA Penalty Guide starting point for mid-range carelessness is 8 national riding days which was adopted.
The mitigating factor was Ms Smyth’s admission of the breach for which she was afforded a 1 day reduction in penalty.
The Committee gave careful consideration to Ms Smyth’s record given that this breach constitutes her 4th breach in the last 12 months. However, on reflection we noted that 1 breach will reset in a week. On that basis Ms Smyth’s record was deemed to be a neutral factor.
After taking into account all the above factors the Committee considered that an appropriate suspension was 7 days.
penalty:
The Committee granted a deferment to Ms Smyth’s suspension pursuant to Rule 1106(2).
Accordingly, Ms Smyth had her license to ride in races suspended for a period to commence after racing on 17 July and conclude after racing on 27 July 2019.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Ms R Smyth - Class A Rider of THE BUFFER
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c0d34f992e82e7c62f9418fbd7734a66
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bb5e31aab94be7e5075d40d3f0851f77
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/07/2019
meet_title: Whangarei RC - 13 July 2019
meet_expappcomment:
meet_km:
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tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Whangarei RC