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R Te Aroha 4 April 2015 – R 2

ID: JCA16634

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Ms S Spratt - Licensed Jockey

Other Person:
Mr Coles - Stipendiary Steward

Information Number:
A6888 (charge 1) and A6889 (charge 2)

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d) x 2

Plea:
admitted

Code:
Thoroughbred

Meet Title:
R Te Aroha - 4 April 2015

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
GJones

Race Date:
2015/04/04

Race Number:
R 2

Decision:

As Ms Spratt admitted both the breaches we found the charges proved.

Penalty:

Accordingly, we imposed suspensions on Ms Spratt’s Jockeys Licence, the first of which will commence after racing on 6 April 2015 and conclude after racing on 15 April 2015 (4 days); and the second suspension will commence after racing on 15 April 2015 and conclude after racing on 24 April 2015.

Facts:

Following the running of Race 2, the Norman’s Transport and Storage Ltd 1400, two Informations were filed pursuant to Rule 638(1)(d). In relation to the first breach, the Informant, Mr Oatham, alleged that Licenced Jockey Ms S Spratt “permitted her mount VIVIANO to shift inwards when not sufficiently clear of ZABELLE (L Innes) which was checked near the 1100 metres”. (Information No A6888).

The second charge alleged that Ms Spratt “angled her mount VIVIANO outwards when not sufficiently clear of ZABELLE which was checked near the 350 metres”. (Information No A6889).

Ms Spratt was present at the hearing and acknowledged that she understood the nature of the charge, the requirements of the Rule and confirmed her admissions of both breaches.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

At the commencement of the hearing the chair outlined that unless there were strong objections, the committee, given the circumstances, proposed to hear evidence relating to both charges within the same hearing. There were no objections.

The Informant, Mr Oatham confirmed to the committee that both charges arise out of the same race and the same horses and rider were affected by both incidents, albeit they occurred at different stages of the race.

Stipendiary Steward Mr Coles identified the circumstances of the first incident using available video footage. He said that near the 1100 metre mark Ms Spratt was momentarily riding in a tight one off position and she shifted inward checking ZABELLE (L Innes). He said that when shifting in Ms Spratt was barely one length clear of ZABELLE.

Mr Coles said the incident that gave rise to the second charge occurred early in the run up the home straight near the 350 metre mark. He said there was no run available for Ms Spratt’s mount, but she rode forward, angled out and sharply checked ZABELLE. He said that Ms Spratt at the time was no more than a length clear of ZABELLE.

In relation to the first breach Ms Spratt advised the committee that she initially had no intention of shifting inward, but realised that a gap presented and thought she was sufficiently clear to shift in. She said that Mr Innes’ mount may have over-reacted and that made the incident look worse. Ms Spratt agreed with the steward’s contention that she was barely a length clear.

In terms of the second breach Ms Spratt advised that she freely acknowledged causing interference to ZABELLE and offered no further information.

Submissions for Penalty:

Mr Oatham produced Ms Spratt’s riding record which showed 4 previous breaches under this Rule in the last 12 months. The most recent being on 8 January 2015 which resulted in a 4 day suspension. He submitted that Ms Spratt’s overall riding record was average.

In terms of the levels of carelessness Mr Oatham submitted that the first breach was low end and the second was mid-range. He said that both incidents require a period of suspension, but would leave it to the committee to determine how to deal with the quantum given that both incidents occurred in the same race and the suspensions would most likely be cumulative. Mr Oatham submitted that the breaches occurred during a Premier meeting and the race carried a stake of $20,000. He added to her credit Ms Spratt admitted both charges.

Ms Spratt submitted that her record was reasonable given that she is a busy rider. She said the first incident was not too bad and submitted the committee may wish to deal with it by way of fine. She said the second incident could be dealt with by way of suspension but asked the committee to note that she wished to ride at the forthcoming meeting at Ellerslie on 18 April 2015.

Ms Spratt advised that she had confirmed riding commitments at Ellerslie on 6 April 2015 and could commence any proposed suspension after that date.

Ms Spratt confirmed that she generally rode only in the North Island, but had an agreement with a trainer to ride at the forthcoming Wingatui meeting. When queried on this by the committee Ms Spratt was able to provide the name of the trainer and horse concerned which she has recently ridden in the North Island.

Reasons for Penalty:

In determining penalty the Committee took into account the submissions of the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The Committee is mindful of the fact that breaches of similar culpability should, as a general rule attract broadly similar penalties. The Committee has adopted 5 riding days suspension as the starting point.

The Committee took into account and had due regard for the overall circumstances of each breach as well as the particular circumstances relating to Ms Spratt.

The Committee has given Ms Spratt credit for admitting the breaches and have assessed her overall record as fair given 4 previous breaches in the past 12 months.

The Committee has assessed the level of carelessness in relation to charge 1 at low range and at above mid-range for charge 2.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension (charge 1) and 6 day suspension (charge 2), 10 days in total.

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: cec6b8b31fab33b8a07b8da39b87027b


informantnumber: A6888 (charge 1) and A6889 (charge 2)


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 02/04/2015


hearing_title: R Te Aroha 4 April 2015 - R 2


charge:


facts:

Following the running of Race 2, the Norman’s Transport and Storage Ltd 1400, two Informations were filed pursuant to Rule 638(1)(d). In relation to the first breach, the Informant, Mr Oatham, alleged that Licenced Jockey Ms S Spratt “permitted her mount VIVIANO to shift inwards when not sufficiently clear of ZABELLE (L Innes) which was checked near the 1100 metres”. (Information No A6888).

The second charge alleged that Ms Spratt “angled her mount VIVIANO outwards when not sufficiently clear of ZABELLE which was checked near the 350 metres”. (Information No A6889).

Ms Spratt was present at the hearing and acknowledged that she understood the nature of the charge, the requirements of the Rule and confirmed her admissions of both breaches.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

At the commencement of the hearing the chair outlined that unless there were strong objections, the committee, given the circumstances, proposed to hear evidence relating to both charges within the same hearing. There were no objections.

The Informant, Mr Oatham confirmed to the committee that both charges arise out of the same race and the same horses and rider were affected by both incidents, albeit they occurred at different stages of the race.

Stipendiary Steward Mr Coles identified the circumstances of the first incident using available video footage. He said that near the 1100 metre mark Ms Spratt was momentarily riding in a tight one off position and she shifted inward checking ZABELLE (L Innes). He said that when shifting in Ms Spratt was barely one length clear of ZABELLE.

Mr Coles said the incident that gave rise to the second charge occurred early in the run up the home straight near the 350 metre mark. He said there was no run available for Ms Spratt’s mount, but she rode forward, angled out and sharply checked ZABELLE. He said that Ms Spratt at the time was no more than a length clear of ZABELLE.

In relation to the first breach Ms Spratt advised the committee that she initially had no intention of shifting inward, but realised that a gap presented and thought she was sufficiently clear to shift in. She said that Mr Innes’ mount may have over-reacted and that made the incident look worse. Ms Spratt agreed with the steward’s contention that she was barely a length clear.

In terms of the second breach Ms Spratt advised that she freely acknowledged causing interference to ZABELLE and offered no further information.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Spratt admitted both the breaches we found the charges proved.


sumissionsforpenalty:

Mr Oatham produced Ms Spratt’s riding record which showed 4 previous breaches under this Rule in the last 12 months. The most recent being on 8 January 2015 which resulted in a 4 day suspension. He submitted that Ms Spratt’s overall riding record was average.

In terms of the levels of carelessness Mr Oatham submitted that the first breach was low end and the second was mid-range. He said that both incidents require a period of suspension, but would leave it to the committee to determine how to deal with the quantum given that both incidents occurred in the same race and the suspensions would most likely be cumulative. Mr Oatham submitted that the breaches occurred during a Premier meeting and the race carried a stake of $20,000. He added to her credit Ms Spratt admitted both charges.

Ms Spratt submitted that her record was reasonable given that she is a busy rider. She said the first incident was not too bad and submitted the committee may wish to deal with it by way of fine. She said the second incident could be dealt with by way of suspension but asked the committee to note that she wished to ride at the forthcoming meeting at Ellerslie on 18 April 2015.

Ms Spratt advised that she had confirmed riding commitments at Ellerslie on 6 April 2015 and could commence any proposed suspension after that date.

Ms Spratt confirmed that she generally rode only in the North Island, but had an agreement with a trainer to ride at the forthcoming Wingatui meeting. When queried on this by the committee Ms Spratt was able to provide the name of the trainer and horse concerned which she has recently ridden in the North Island.


reasonsforpenalty:

In determining penalty the Committee took into account the submissions of the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The Committee is mindful of the fact that breaches of similar culpability should, as a general rule attract broadly similar penalties. The Committee has adopted 5 riding days suspension as the starting point.

The Committee took into account and had due regard for the overall circumstances of each breach as well as the particular circumstances relating to Ms Spratt.

The Committee has given Ms Spratt credit for admitting the breaches and have assessed her overall record as fair given 4 previous breaches in the past 12 months.

The Committee has assessed the level of carelessness in relation to charge 1 at low range and at above mid-range for charge 2.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension (charge 1) and 6 day suspension (charge 2), 10 days in total.


penalty:

Accordingly, we imposed suspensions on Ms Spratt’s Jockeys Licence, the first of which will commence after racing on 6 April 2015 and conclude after racing on 15 April 2015 (4 days); and the second suspension will commence after racing on 15 April 2015 and conclude after racing on 24 April 2015.


hearing_type: Hearing


Rules: 638(1)(d) x 2


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Ms S Spratt - Licensed Jockey


Otherperson: Mr Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 38e3d6d4e09d1b95d7b91d8a49a439e1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 13aef591a216c51cba5b8a02fd45130f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/04/2015


meet_title: R Te Aroha - 4 April 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: r-te-aroha-


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: GJones


meet_pm2: none


name: R Te Aroha