Auckland RC 27 January 2018 – R 3 – Chair, Mr A Dooley
ID: JCA16388
Code:
Thoroughbred
Meet Title:
Auckland RC - 27 January 2018
Meet Chair:
ADooley
Meet Committee Member 1:
NMcCutcheon
Race Date:
2018/01/27
Race Number:
R 3
Decision:
As Mr Bowman admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Bowman had his license to ride in races suspended for a period to commence after racing on 9 February and conclude after racing on 21 February 2018.
Facts:
Following the running of race 3, Windsor Park Stud City Of Auckland Cup, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Mr Bowman angled FIVE TO MIDNIGHT outwards dictating COMIN’THROUGH ( C Lammas) out onto DIESEL (A Collett) which was checked losing ground near the 250 metres.
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 when Mr Bowman commenced to angle his mount out he was fractionally ahead of COMIN’THROUGH. He said that Mr Bowman continued to shift out which dictated COMIN’THROUGH out onto DIESEL which was checked and Ms Collett had to steady her mount.
Mr Bowman said that when he endeavoured to come to the outside his mount over reacted and it continued to shift out further than he had anticipated. He said the interference was minor.
Submissions for Penalty:
Mr Oatham advised the Committee that Mr Bowman had incurred a suspension at Warwick Farm in Sydney yesterday with the Stewards imposing a 7 day suspension. He said that he did not have Mr Bowman’s full riding record available and he was of the view that the Committee should treat Mr Bowman’s record as a neutral factor. He described the level of carelessness as somewhere in the mid-range and said the aggravating factors were the breach occurred in a Group 3 race worth $200,000.
Mr Oatham further advised that once Mr Bowman became aware that he was going to be charged Mr Bowman applied with Racing New South Wales Stewards to amend the terms of a suspension issued against him on 26 January. He said the Stewards in Sydney granted Mr Bowman’s application and his license is now suspended for a period to commence on 29 January 2018 and to conclude after racing on 9 February 2018.
Mr Bowman after been given some time to consider his options asked the Committee to consider imposing a suspension and in addition a fine so he could ride WINX on February 17.
In response to a question from the Committee, Mr Bowman was forthright in that it would be very rare for an Australian Steward to impose such a penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee considered Mr Bowman’s request to substitute some of the proposed suspended days for a monetary penalty. We advised Mr Bowman that it would be inappropriate to impose a combined penalty on the basis that historically these type of requests have been rejected. Therefore the Committee deemed that it would not be fair or consistent to other licensed riders.
Our assessment of the incident was that Mr Bowman angled his mount out when not sufficiently clear of COMIN’THROUGH. In doing so this resulted in that runner having its rightful running line dictated out onto DIESEL which received a check. The Committee deemed the level of carelessness to be in the low to mid-range.
The Committee adopted 7 days as the starting point.
The Committee had regard for Rule 920 (2) when fixing penalty.
RULE 920 (2):
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
The aggravating factors were the interference occurred in a Group 3 race worth $200,000. For these combined factors an uplift in penalty was applied.
The mitigating factor was Mr Bowman’s admission of the breach for which we afforded him a 1 day reduction in penalty.
The Committee treated Mr Bowman’s record as a neutral factor.
After taking into account all the above factors the Committee considered that an appropriate suspension was 8 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: ad0861a8d0176b95d607d5dde238f8e7
informantnumber: A10037
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 29/01/2018
hearing_title: Auckland RC 27 January 2018 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, Windsor Park Stud City Of Auckland Cup, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Mr Bowman angled FIVE TO MIDNIGHT outwards dictating COMIN’THROUGH ( C Lammas) out onto DIESEL (A Collett) which was checked losing ground near the 250 metres.
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 when Mr Bowman commenced to angle his mount out he was fractionally ahead of COMIN’THROUGH. He said that Mr Bowman continued to shift out which dictated COMIN’THROUGH out onto DIESEL which was checked and Ms Collett had to steady her mount.
Mr Bowman said that when he endeavoured to come to the outside his mount over reacted and it continued to shift out further than he had anticipated. He said the interference was minor.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bowman admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham advised the Committee that Mr Bowman had incurred a suspension at Warwick Farm in Sydney yesterday with the Stewards imposing a 7 day suspension. He said that he did not have Mr Bowman’s full riding record available and he was of the view that the Committee should treat Mr Bowman’s record as a neutral factor. He described the level of carelessness as somewhere in the mid-range and said the aggravating factors were the breach occurred in a Group 3 race worth $200,000.
Mr Oatham further advised that once Mr Bowman became aware that he was going to be charged Mr Bowman applied with Racing New South Wales Stewards to amend the terms of a suspension issued against him on 26 January. He said the Stewards in Sydney granted Mr Bowman’s application and his license is now suspended for a period to commence on 29 January 2018 and to conclude after racing on 9 February 2018.
Mr Bowman after been given some time to consider his options asked the Committee to consider imposing a suspension and in addition a fine so he could ride WINX on February 17.
In response to a question from the Committee, Mr Bowman was forthright in that it would be very rare for an Australian Steward to impose such a penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee considered Mr Bowman’s request to substitute some of the proposed suspended days for a monetary penalty. We advised Mr Bowman that it would be inappropriate to impose a combined penalty on the basis that historically these type of requests have been rejected. Therefore the Committee deemed that it would not be fair or consistent to other licensed riders.
Our assessment of the incident was that Mr Bowman angled his mount out when not sufficiently clear of COMIN’THROUGH. In doing so this resulted in that runner having its rightful running line dictated out onto DIESEL which received a check. The Committee deemed the level of carelessness to be in the low to mid-range.
The Committee adopted 7 days as the starting point.
The Committee had regard for Rule 920 (2) when fixing penalty.
RULE 920 (2):
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
The aggravating factors were the interference occurred in a Group 3 race worth $200,000. For these combined factors an uplift in penalty was applied.
The mitigating factor was Mr Bowman’s admission of the breach for which we afforded him a 1 day reduction in penalty.
The Committee treated Mr Bowman’s record as a neutral factor.
After taking into account all the above factors the Committee considered that an appropriate suspension was 8 days.
penalty:
Accordingly, Mr Bowman had his license to ride in races suspended for a period to commence after racing on 9 February and conclude after racing on 21 February 2018.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr H Bowman - Rider of FIVE TO MIDNIGHT
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a6949d7fc8b30e0137c4fd975110e4fe
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b05bface5bf1b42dc832ca3fdac4b488
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/01/2018
meet_title: Auckland RC - 27 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: NMcCutcheon
meet_pm2: none
name: Auckland RC