Archive Decision

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Auckland RC 04 June 2011 – R4

ID: JCA16399

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mr D Nolan

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
479

Hearing Type:
Hearing

Rules:
638 (1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 4 June 2011

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2011/06/04

Race Number:
R4

Decision:

As the breach was admitted we find the charge proven.

Penalty:

Accordingly after taking all the above into account and under the provisions of rule 1106 (2) (b) we impose a suspension on Mr Nolan from riding in races which is to start after racing on 10 June and conclude after racing on 18 June 2011 (5 days).

Charge:

Careless riding

Facts:

Following race 4 an information was filed pursuant to rule 638(1) (d).  The informant Mr J Oatham alleged that OBERON (D Nolan) shifted out at the 350 metres to obtain clear running.  In doing so he crowded FREE TO AIR (T Thornton) which was dictated out on to RUSSIANOV (A Taylor) who  had to check when awkwardly placed on heels.

Submissions for Decision:

Mr Williamson demonstrated the video films which showed OBERON racing in a position 4 from the outside fence at the 350 metres.  Mr Williamson submitted that Mr Nolan, rider of OBERON, had then pushed for a run to the outside when there was insufficient room to do so.  This caused crowding to FREE TO AIR and be forced into the line of RUSSIANOV who was held up for 6 - 7 strides as a result. 
Mr Nolan said he was trying too hard and apologised for his ride.

Reasons for Decision:

.

Submissions for Penalty:

Mr Oatham said Mr Nolan had incurred 2 suspensions in the last 12 months.  He said Mr Nolan in this case was impatient and had forced a run which was not available.  However he submitted any suspension should be at the low end.
Mr Nolan said he had commitments up to and including the Counties meeting on 10 June 2011.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions as presented.  The only mitigating factor is Mr Nolan's admission of the breach.  Aggravating factors are Mr Nolan's record with 2 recent suspensions and his level of carelessness which the committee considers to be mid range.  Mr Nolan's carelessness resulted in interference to 2 horses with Miss Taylor, in particular, riding RUSSIANOV having to avoid clipping heels.

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: af0d9cb084f862096ef72464e0ecf31d


informantnumber: 479


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 25/05/2011


hearing_title: Auckland RC 04 June 2011 - R4


charge:

Careless riding


facts:

Following race 4 an information was filed pursuant to rule 638(1) (d).  The informant Mr J Oatham alleged that OBERON (D Nolan) shifted out at the 350 metres to obtain clear running.  In doing so he crowded FREE TO AIR (T Thornton) which was dictated out on to RUSSIANOV (A Taylor) who  had to check when awkwardly placed on heels.

appealdecision:


isappeal:


submissionsfordecision:

Mr Williamson demonstrated the video films which showed OBERON racing in a position 4 from the outside fence at the 350 metres.  Mr Williamson submitted that Mr Nolan, rider of OBERON, had then pushed for a run to the outside when there was insufficient room to do so.  This caused crowding to FREE TO AIR and be forced into the line of RUSSIANOV who was held up for 6 - 7 strides as a result. 
Mr Nolan said he was trying too hard and apologised for his ride.

reasonsfordecision:

.


Decision:

As the breach was admitted we find the charge proven.

sumissionsforpenalty:

Mr Oatham said Mr Nolan had incurred 2 suspensions in the last 12 months.  He said Mr Nolan in this case was impatient and had forced a run which was not available.  However he submitted any suspension should be at the low end.
Mr Nolan said he had commitments up to and including the Counties meeting on 10 June 2011.

reasonsforpenalty:

The committee carefully considered all the evidence and submissions as presented.  The only mitigating factor is Mr Nolan's admission of the breach.  Aggravating factors are Mr Nolan's record with 2 recent suspensions and his level of carelessness which the committee considers to be mid range.  Mr Nolan's carelessness resulted in interference to 2 horses with Miss Taylor, in particular, riding RUSSIANOV having to avoid clipping heels.

penalty:

Accordingly after taking all the above into account and under the provisions of rule 1106 (2) (b) we impose a suspension on Mr Nolan from riding in races which is to start after racing on 10 June and conclude after racing on 18 June 2011 (5 days).

hearing_type: Hearing


Rules: 638 (1) (d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mr D Nolan


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 35185da2b05d05d2fb84b9c0b214ae12


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7e6e0aa11866680153ea36aee0ca1086


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/06/2011


meet_title: Auckland RC - 4 June 2011


meet_expappcomment:


meet_km: [{"Comment": "", "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "310", "Total": "192.2", "kmprice": 192.19999999999999, "Approved": "on"}, {"Comment": "", "kmprice": 58.280000000000001, "MemberID": "ADooley", "Member": "", "KMs": "94", "OtherExpenses": "0", "Total": "58.28", "MemberRole": "Panel member 1 ", "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC