Archive Decision

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Waikato RC 2 February 2013 – R 4

ID: JCA16408

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Ms E Leighton - Apprentice Rider, Ms N Tanner - Trainer assisting Ms Leighton

Other Person:
Mr M Williamson -Stipendiary Steward

Information Number:
A4869

Hearing Type:
Hearing

Rules:
636(1)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 2 February 2013

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2013/02/02

Race Number:
R4

Decision:

As Ms Leighton admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a suspension on Ms Leighton which will commence after racing on 2nd February and conclude after racing on 17th February 2013 (9 days).

Charge:

Following race 4, an information was lodged pursuant to Rule 636(1)(b). The informant, Mr Oatham alleged that Ms E Leighton failed to take all reasonable and permissible measures to obtain the best possible finishing place when failing to ride her mount CELTIC BOY out fully over the final 100 metres.

Mr Oatham read the rule and Ms Leighton acknowledged that she understood the seriousness of the charge and had no objection to this being heard on race day.

Facts:

Mr Williamson demonstrated the incident by using all the available films. He pointed out to the committee that CELTIC BOY was racing in the trail approaching the final 200 metres. The films showed that Ms Leighton then angled her mount out for a run outside HER CHOICE. When she got into the gap Mr Williamson submitted Ms Leighton relaxed her mount and sat up for 5 strides. He said it was the manner in which she sat up was the main concern of the Stewards. He advised the Committee that CELTIC BOY was beaten a head and a head for second. He believed had Ms Leighton ridden her mount out there was a fair chance she would have obtained a better placing.

Ms Leighton informed the Committee this was her first ride on the track and it was her lack of knowledge that found her in this situation. She said her mount was chopping and changing its stride where the ground was cut up on the rail. She thought at the 400 metres the horse had broken down. Ms Leighton conceded that she misjudged the 100 metre mark for the winning post and admitted sitting up for 3 ½ to 4 strides. She concluded by telling the committee that she would learn from her experience.

Ms Tanner said that Ms Leighton was a tall girl with a deceptive riding style noting that her elbows appeared to be high in the saddle. She believed the horse was very green and not easy to ride with the stick. She conceded that Ms Leighton did pop up in the saddle at the 100 metres however believed she did push her mount forward after the incident.

Ms Leighton further added that her saddle had shifted slightly in the running and was not aware she should have notified the Stewards.

Submissions for Penalty:

Mr Oatham produced Ms Leighton's record which showed she had a clear record under this rule. This was Ms Leighton's first season of riding and today was her 25th ride. He submitted the mitigating factors are her admission of the breach, her lack of experience, green 2 year old and her frankness with Stewards. The aggravating factors the incident happened at a vital part of the race when there was a reasonable chance of Ms Leighton's mount finishing in a better place. Mr Oatham referred to 3 recent breaches of this rule which resulted in 2 ½ to 5 weeks suspensions. He submitted a suspension of 2 to 3 weeks would be appropriate for this particular breach.

Ms Leighton submitted she had no commitments in the next 7 days and requested her proposed suspension start after racing today. She confirmed that she rode only in the North Island.

Ms Tanner made no submissions on penalty.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors for Ms Leighton are her clear record, her admission of the breach, her lack of experience, the horse was having its second start and her co-operation with Stewards. We believe Ms Leighton showed genuine remorse. The aggravating factors are this is a serious charge in which the betting public were potentially let down by Ms Leighton's actions. We independently reviewed the video films which showed Ms Leighton sitting up for 5 strides over the final 100 metres. The committee is of the view had Ms Leighton continued to ride CELTIC BOY out she may well have finished in a better position. The fact Ms Leighton was beaten a head and a head for 2nd place is significant.

The Committee considered Ms Leighton's submission that she thought the 100 metre mark was the winning post. However, it is an obligation under the New Zealand Rules of Racing riders are expected to try at all stages throughout the race.

We are of the view that there was no intent on Ms Leighton's part in the manner she rode the horse.

In determining penalty, the committee had regard for the need to maintain integrity and public confidence in racing. We note that the JCA penalty guide recommends a starting point of 6 weeks suspension. We referred to the JCA listing of penalties for similar breaches before imposing penalty. This showed 2 recent suspensions for apprentice riders similar in many respects, the penalties imposed were suspensions of 7 and 11 days.

After taking into account all the above factors and placing emphasis on the mitigating factors we assess an appropriate penalty is a suspension of 9 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: b05e29d7add892e1acebfd4a1f032169


informantnumber: A4869


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/01/2013


hearing_title: Waikato RC 2 February 2013 - R 4


charge:

Following race 4, an information was lodged pursuant to Rule 636(1)(b). The informant, Mr Oatham alleged that Ms E Leighton failed to take all reasonable and permissible measures to obtain the best possible finishing place when failing to ride her mount CELTIC BOY out fully over the final 100 metres.

Mr Oatham read the rule and Ms Leighton acknowledged that she understood the seriousness of the charge and had no objection to this being heard on race day.


facts:

Mr Williamson demonstrated the incident by using all the available films. He pointed out to the committee that CELTIC BOY was racing in the trail approaching the final 200 metres. The films showed that Ms Leighton then angled her mount out for a run outside HER CHOICE. When she got into the gap Mr Williamson submitted Ms Leighton relaxed her mount and sat up for 5 strides. He said it was the manner in which she sat up was the main concern of the Stewards. He advised the Committee that CELTIC BOY was beaten a head and a head for second. He believed had Ms Leighton ridden her mount out there was a fair chance she would have obtained a better placing.

Ms Leighton informed the Committee this was her first ride on the track and it was her lack of knowledge that found her in this situation. She said her mount was chopping and changing its stride where the ground was cut up on the rail. She thought at the 400 metres the horse had broken down. Ms Leighton conceded that she misjudged the 100 metre mark for the winning post and admitted sitting up for 3 ½ to 4 strides. She concluded by telling the committee that she would learn from her experience.

Ms Tanner said that Ms Leighton was a tall girl with a deceptive riding style noting that her elbows appeared to be high in the saddle. She believed the horse was very green and not easy to ride with the stick. She conceded that Ms Leighton did pop up in the saddle at the 100 metres however believed she did push her mount forward after the incident.

Ms Leighton further added that her saddle had shifted slightly in the running and was not aware she should have notified the Stewards.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Leighton admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Ms Leighton's record which showed she had a clear record under this rule. This was Ms Leighton's first season of riding and today was her 25th ride. He submitted the mitigating factors are her admission of the breach, her lack of experience, green 2 year old and her frankness with Stewards. The aggravating factors the incident happened at a vital part of the race when there was a reasonable chance of Ms Leighton's mount finishing in a better place. Mr Oatham referred to 3 recent breaches of this rule which resulted in 2 ½ to 5 weeks suspensions. He submitted a suspension of 2 to 3 weeks would be appropriate for this particular breach.

Ms Leighton submitted she had no commitments in the next 7 days and requested her proposed suspension start after racing today. She confirmed that she rode only in the North Island.

Ms Tanner made no submissions on penalty.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors for Ms Leighton are her clear record, her admission of the breach, her lack of experience, the horse was having its second start and her co-operation with Stewards. We believe Ms Leighton showed genuine remorse. The aggravating factors are this is a serious charge in which the betting public were potentially let down by Ms Leighton's actions. We independently reviewed the video films which showed Ms Leighton sitting up for 5 strides over the final 100 metres. The committee is of the view had Ms Leighton continued to ride CELTIC BOY out she may well have finished in a better position. The fact Ms Leighton was beaten a head and a head for 2nd place is significant.

The Committee considered Ms Leighton's submission that she thought the 100 metre mark was the winning post. However, it is an obligation under the New Zealand Rules of Racing riders are expected to try at all stages throughout the race.

We are of the view that there was no intent on Ms Leighton's part in the manner she rode the horse.

In determining penalty, the committee had regard for the need to maintain integrity and public confidence in racing. We note that the JCA penalty guide recommends a starting point of 6 weeks suspension. We referred to the JCA listing of penalties for similar breaches before imposing penalty. This showed 2 recent suspensions for apprentice riders similar in many respects, the penalties imposed were suspensions of 7 and 11 days.

After taking into account all the above factors and placing emphasis on the mitigating factors we assess an appropriate penalty is a suspension of 9 North Island Days.


penalty:

Accordingly, we impose a suspension on Ms Leighton which will commence after racing on 2nd February and conclude after racing on 17th February 2013 (9 days).


hearing_type: Hearing


Rules: 636(1)(b)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Ms E Leighton - Apprentice Rider, Ms N Tanner - Trainer assisting Ms Leighton


Otherperson: Mr M Williamson -Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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