Archive Decision

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Foxton RC 8 September 2011 – R1

ID: JCA16419

Applicant:
Mr R Neal - Stipendiary Steward

Respondent(s):
Mr R Cully - Licensed Jockey

Other Person:
Mr N Goodwin - Stipendiary Steward

Information Number:
5337 and 5339

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Foxton RC - 8 September 2011

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2011/09/08

Race Number:
R1

Decision:

As Mr Cully admitted both breaches the charges were found proved.

Penalty:

Mr Cully is suspended from riding from the close of racing on Sunday September 11th up to and including racing on Saturday September 24th.

Charge:

Following the running of Race 1, the Herrington Maiden Hurdle, an Information was lodged by Mr R Neal alleging that passing the winning post on the first occasion R Cully has permitted his mount NO GOVERNANCE to shift in when not clear of BEGGARS BANQUET which was tightened and checked. And near the 800m R Cully the rider of NO GOVERNANCE permitted his mount to shift in when not clear of BEGGARS BANQUET which was tightened and checked.

Facts:

Mr Cully had two charges brought against him for incidents in the same race which the committee elected to hear together. Both incident were very similar and involved the same two horses and riders. Mr Neal showed the film of the first incident which occurred near the winning post on the first round of the race. Mr Cully was racing in a position on the outside of Mr Dell and as he improved around the bend to lead he shifted in slightly causing Mr Dell to take a hold of his mount for several strides.

The second incident was very similar and occurred at the 800m. Soon after negotiating a jump Mr Cully moved in when not quite clear of Mr Dell and caused him to take hold of BEGGARS BANQUET.

Mr Cully said while he did squeeze Mr Dell’s mount “up a bit” at the 800 he believed the first incident was very marginal. He showed the films to the committee and highlighted how he believed he was almost the required distance clear when he shifted in. In his opinion Mr Dell’s horse overreacted and Mr Dell took a hold when he did not need to. Mr Cully also added that his horse had a tendency to do a few things wrong in the race.

Submissions for Penalty:

Mr Neal said Mr Cully had an excellent record with only one suspension for careless riding at Hawkes Bay in May this year. He said that he was the leading jumps rider and was well sought after by trainers. In the opinion of the Stewards the interference was at the lower end.

Mr Cully said that with so little of the jumping season left his submission was for a fine instead of a suspension.
 

Reasons for Penalty:

In coming to a decision on penalty the committee considered all of the submissions. We did not believe that a monetary penalty was appropriate for or consistent with other breaches of the careless riding rule. Mr Cully was charged with two breaches of the rule within the same race and in our opinion penalty had to be by way of suspension. We did however place the first incident at the very lowest end of careless riding. Mr Cully only marginally tightened BEGGARS BANQUET but Mr Dell pulled his horse back for 4 or 5 strides when Mr Cully was well clear of him and it did appear to be an overreaction to the incident.

The second incident we also considered to be minor. Although Mr Cully did move inwards the interference to BEGGARS BANQUET was described as “tightening” and only lasted for a short time. There was no great loss of momentum suffered by Mr Dell and in fact he went on to win the race.

It is usual for Judicial Committees to adopt as a starting point a suspension of five days however in this instance we adopted a lower starting point due to Mr Cully’s status as a jumps and high weight rider which we believe offers him limited opportunities in comparison to a flat rider. We also noted the decreasing number of race days available for Mr Cully to ride in this jumping season.

Taking into account his admission of the breach, his excellent record and the minor nature of both incidents we suspended Mr Cully for three days. Mr Cully advised the committee of his upcoming riding engagements.

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: b2b0b6e4086ad7ae299548a50fc39cc2


informantnumber: 5337 and 5339


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 11/09/2011


hearing_title: Foxton RC 8 September 2011 - R1


charge:

Following the running of Race 1, the Herrington Maiden Hurdle, an Information was lodged by Mr R Neal alleging that passing the winning post on the first occasion R Cully has permitted his mount NO GOVERNANCE to shift in when not clear of BEGGARS BANQUET which was tightened and checked. And near the 800m R Cully the rider of NO GOVERNANCE permitted his mount to shift in when not clear of BEGGARS BANQUET which was tightened and checked.


facts:

Mr Cully had two charges brought against him for incidents in the same race which the committee elected to hear together. Both incident were very similar and involved the same two horses and riders. Mr Neal showed the film of the first incident which occurred near the winning post on the first round of the race. Mr Cully was racing in a position on the outside of Mr Dell and as he improved around the bend to lead he shifted in slightly causing Mr Dell to take a hold of his mount for several strides.

The second incident was very similar and occurred at the 800m. Soon after negotiating a jump Mr Cully moved in when not quite clear of Mr Dell and caused him to take hold of BEGGARS BANQUET.

Mr Cully said while he did squeeze Mr Dell’s mount “up a bit” at the 800 he believed the first incident was very marginal. He showed the films to the committee and highlighted how he believed he was almost the required distance clear when he shifted in. In his opinion Mr Dell’s horse overreacted and Mr Dell took a hold when he did not need to. Mr Cully also added that his horse had a tendency to do a few things wrong in the race.

appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cully admitted both breaches the charges were found proved.

sumissionsforpenalty:

Mr Neal said Mr Cully had an excellent record with only one suspension for careless riding at Hawkes Bay in May this year. He said that he was the leading jumps rider and was well sought after by trainers. In the opinion of the Stewards the interference was at the lower end.

Mr Cully said that with so little of the jumping season left his submission was for a fine instead of a suspension.
 

reasonsforpenalty:

In coming to a decision on penalty the committee considered all of the submissions. We did not believe that a monetary penalty was appropriate for or consistent with other breaches of the careless riding rule. Mr Cully was charged with two breaches of the rule within the same race and in our opinion penalty had to be by way of suspension. We did however place the first incident at the very lowest end of careless riding. Mr Cully only marginally tightened BEGGARS BANQUET but Mr Dell pulled his horse back for 4 or 5 strides when Mr Cully was well clear of him and it did appear to be an overreaction to the incident.

The second incident we also considered to be minor. Although Mr Cully did move inwards the interference to BEGGARS BANQUET was described as “tightening” and only lasted for a short time. There was no great loss of momentum suffered by Mr Dell and in fact he went on to win the race.

It is usual for Judicial Committees to adopt as a starting point a suspension of five days however in this instance we adopted a lower starting point due to Mr Cully’s status as a jumps and high weight rider which we believe offers him limited opportunities in comparison to a flat rider. We also noted the decreasing number of race days available for Mr Cully to ride in this jumping season.

Taking into account his admission of the breach, his excellent record and the minor nature of both incidents we suspended Mr Cully for three days. Mr Cully advised the committee of his upcoming riding engagements.

penalty:

Mr Cully is suspended from riding from the close of racing on Sunday September 11th up to and including racing on Saturday September 24th.

hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr R Neal - Stipendiary Steward


JockeysandTrainer: Mr R Cully - Licensed Jockey


Otherperson: Mr N Goodwin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: df19dfdc68251589ee1a13e323d02c7d


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: 2cfea7681eba76caa4ac349b7491dae7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/09/2011


meet_title: Foxton RC - 8 September 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: foxton-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TCastles


meet_pm2: none


name: Foxton RC