Archive Decision

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Waipukurau JC 3 May 2018 – R 2 – Chair, Mr N McCutcheon

ID: JCA16619

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Ms L Hemi - rider of GOT THE CALL

Other Person:
Mr N Goodwin -Stipendiary Steward

Information Number:
A9221

Hearing Type:
Hearing

New Charge:
Failed to ride out

Rules:
636(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waipukurau JC - 3 May 2018

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
PWilliams

Race Date:
2018/05/03

Race Number:
R 2

Decision:

As the charge was admitted it was deemed proved by the Committee.

Penalty:

Ms Hemi’s Jockey’s Licence was suspended from the end of racing on 10 May up to and including racing on 24 May 2018.

Facts:

Following the running of Race 2 (CONGRATULATIONS AVANTAGE 2YO), Information No. A9221 was filed with the Judicial Committee. The Informant alleged that Ms Hemi, the Rider of GOT THE CALL, failed to ride her mount out fully to the finish when able to do so.

Rule 636(1)(d) provides:
A person: being the rider of a horse in a race, must ride his horse out to the end of the race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.

Ms Hemi advised the Committee that she admitted the breach and understood the Rule and the Charge.

Mr Goodwin showed all film replays and said that from the 200m Ms Hemi rode her mount out and gave it every possible chance. He said at that stage LINCOLN FURY who dead-heated for 4th placing with GOT THE CALL was some distance back. Mr Goodwin said that over the last 2-3 strides Ms Hemi stopped riding out and that LINCOLN FURY who was finishing on strongly got up to dead-heat for 4th placing.

Ms Hemi said that it was fairly obvious what had happened. She said that over the last 100m her mount really struggled in the ground and that she eased her mount and that the other horse LINCOLN FURY appeared from nowhere. At that stage of proceedings the Committee explained to Ms Hemi that there was a difference in failing to ride out as opposed to easing one’s mount, to which she replied that she had eased her mount.

Submissions for Penalty:

Mr Balcombe said that Ms Hemi had a good record and that she did not completely lose 4th placing but should have finished 4th on her own. He submitted that a term of suspension was an appropriate penalty.

Ms Hemi said that the only thing she could say was that LINCOLN FURY was out in the middle of the track and finished really fast. She advised the Committee that she had riding engagements on 10 May.

Reasons for Penalty:

The film clearly showed that Ms Hemi stopped riding her mount out 2-3 strides short of the winning post. At that time her mount was still holding 4th position and it was reasonable to expect that had she ridden out to the completion of the race that she and her mount would have maintained that position.

In fixing penalty the Committee was mindful of the Penalty Guidelines. Whilst we did not consider that there was any justification in an increase on the 2-weeks suspension starting point, likewise we did not believe that there were any mitigating factors warranting a departure from the starting point. Albeit it was a first breach of the Rule, the Committee was satisfied that it was an intentional act to cease riding out as opposed to an error of judgement.

Despite Ms Hemi stating that she had eased her horse before the line, the film evidence regarding this matter was not conclusive and as a consequence there was not any increase from the Penalty Guideline of 2-weeks suspension.

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: cd7987b51871001f00e36bf2a61fd154


informantnumber: A9221


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to ride out


plea: admitted


penaltyrequired: 1


decisiondate: 05/05/2018


hearing_title: Waipukurau JC 3 May 2018 - R 2 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 2 (CONGRATULATIONS AVANTAGE 2YO), Information No. A9221 was filed with the Judicial Committee. The Informant alleged that Ms Hemi, the Rider of GOT THE CALL, failed to ride her mount out fully to the finish when able to do so.

Rule 636(1)(d) provides:
A person: being the rider of a horse in a race, must ride his horse out to the end of the race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.

Ms Hemi advised the Committee that she admitted the breach and understood the Rule and the Charge.

Mr Goodwin showed all film replays and said that from the 200m Ms Hemi rode her mount out and gave it every possible chance. He said at that stage LINCOLN FURY who dead-heated for 4th placing with GOT THE CALL was some distance back. Mr Goodwin said that over the last 2-3 strides Ms Hemi stopped riding out and that LINCOLN FURY who was finishing on strongly got up to dead-heat for 4th placing.

Ms Hemi said that it was fairly obvious what had happened. She said that over the last 100m her mount really struggled in the ground and that she eased her mount and that the other horse LINCOLN FURY appeared from nowhere. At that stage of proceedings the Committee explained to Ms Hemi that there was a difference in failing to ride out as opposed to easing one’s mount, to which she replied that she had eased her mount.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was deemed proved by the Committee.


sumissionsforpenalty:

Mr Balcombe said that Ms Hemi had a good record and that she did not completely lose 4th placing but should have finished 4th on her own. He submitted that a term of suspension was an appropriate penalty.

Ms Hemi said that the only thing she could say was that LINCOLN FURY was out in the middle of the track and finished really fast. She advised the Committee that she had riding engagements on 10 May.


reasonsforpenalty:

The film clearly showed that Ms Hemi stopped riding her mount out 2-3 strides short of the winning post. At that time her mount was still holding 4th position and it was reasonable to expect that had she ridden out to the completion of the race that she and her mount would have maintained that position.

In fixing penalty the Committee was mindful of the Penalty Guidelines. Whilst we did not consider that there was any justification in an increase on the 2-weeks suspension starting point, likewise we did not believe that there were any mitigating factors warranting a departure from the starting point. Albeit it was a first breach of the Rule, the Committee was satisfied that it was an intentional act to cease riding out as opposed to an error of judgement.

Despite Ms Hemi stating that she had eased her horse before the line, the film evidence regarding this matter was not conclusive and as a consequence there was not any increase from the Penalty Guideline of 2-weeks suspension.


penalty:

Ms Hemi’s Jockey’s Licence was suspended from the end of racing on 10 May up to and including racing on 24 May 2018.


hearing_type: Hearing


Rules: 636(1)(d)


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Ms L Hemi - rider of GOT THE CALL


Otherperson: Mr N Goodwin -Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: c0d9adb40c608673ef21f6563d806ae0


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


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meetid: 1ce09e710b1f7ad67b3e9e26707ab024


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meetdate: 03/05/2018


meet_title: Waipukurau JC - 3 May 2018


meet_expappcomment:


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tracklocation: waipukurau-jc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: PWilliams


meet_pm2: none


name: Waipukurau JC