Archive Decision

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Wanganui JC 3 June 2016 – R 6 – Chair, Mr N McCutcheon

ID: JCA16698

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Ms V Gatu - Licensed Jockey

Information Number:
A8767

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wanganui JC - 3 June 2017

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
TUtikere

Race Date:
2017/06/03

Race Number:
R 6

Decision:

As the charge was admitted it was found to be proved.

Penalty:

Ms V Gatu’s Jockey’s Licence was suspended from the end of racing on 5 June 2017 up to and including all racing on 14 June 2017.

The days being:
8 June - Taranaki
9 June - Avondale
10 June - Hamilton
14 June - Te Teko

(*refer to footnote).

Auckland on 5 June was not included as declaration of riders had closed on 2 June 2017.

* On the morning of 4 June 2017 it was brought to the attention of the Judicial Committee by the Informant, Mr Goodwin that the raceday scheduled for 8 June at Taranaki is in fact for Apprentice and Highweight Riders only. Whilst the dates of the suspension imposed on Ms Gatu remain unchanged it is in effect now a 3 riding-day suspension.

Facts:

Following the running of Race 6, (Civics @ Cambridge Thoroughbred Lodge Wanganui Cup), Information No. A8767 was filed with the Judicial Committee. It was alleged by the Informant that Ms Gatu allowed her mount (PACORUS) to shift in in the home straight when not sufficiently clear of ENDURE (H Andrew) which was checked.

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

Ms Gatu said that she understood the Rule, the charge and confirmed that she admitted the breach.

Mr Goodwin showed all available films and identified the runners PACORUS and ENDURE (whose saddle had slipped forward) before straightening up for the run to the Judge.

He said that once into the final straight PACORUS rolled away from the running rail thus leaving a gap for ENDURE. He said Ms Gatu then commenced to ride with the whip and allowed her mount to shift back towards the rail, closing the gap on ENDURE which was checked. He said Ms Gatu had hit her horse 3 times whilst it was on an inward movement.

In answer to a Committee question, Mr Goodwin estimated that when Ms Gatu and her mount commenced to shift inwards they were approximately ¾ length clear of ENDURE.

Ms Gatu for her part said that her mount did roll off the fence a bit and that it got a little tired. She said that she did not realise that Holly (Andrew) was to her inside until the last bit of her shift and then only became aware because Holly called to her. She said at that stage she did pull out in an attempt to straighten her mount.

Submissions for Penalty:

Mr Goodwin produced Ms Gatu’s riding record which showed two careless riding breaches during the past 12 months, with the most recent being on 4 November 2016. He placed the carelessness at mid-range or just below and submitted that a 5-day suspension would be in order.

Ms Gatu said that she had a very good record having only had a handful of suspensions over a 5 year period. She said that she believed a 4-day suspension would be a suitable penalty.

A discussion then took place to ascertain where Ms Gatu rides. It was agreed by all parties that she is a North Island rider.

Reasons for Penalty:

After due consideration to the penalty submissions the committee also took into account the following matters before fixing quantum of penalty:

- The JCA starting point of 5 riding days suspension for a mid-range breach of the Rule

- The admittance of the breach, albeit this was unsurprising due to the substantial evidence

- The good record – 7 months since last breach

- The carelessness was deemed to be just below the mid-range category

- Nil aggravating factor

After giving a modest discount for the admitted breach and a discount for the good record, a
4 riding-day suspension was considered to be an appropriate penalty.

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: d5a0c0aae3b32416701c8dc6bf7e256d


informantnumber: A8767


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 04/06/2017


hearing_title: Wanganui JC 3 June 2016 - R 6 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 6, (Civics @ Cambridge Thoroughbred Lodge Wanganui Cup), Information No. A8767 was filed with the Judicial Committee. It was alleged by the Informant that Ms Gatu allowed her mount (PACORUS) to shift in in the home straight when not sufficiently clear of ENDURE (H Andrew) which was checked.

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

Ms Gatu said that she understood the Rule, the charge and confirmed that she admitted the breach.

Mr Goodwin showed all available films and identified the runners PACORUS and ENDURE (whose saddle had slipped forward) before straightening up for the run to the Judge.

He said that once into the final straight PACORUS rolled away from the running rail thus leaving a gap for ENDURE. He said Ms Gatu then commenced to ride with the whip and allowed her mount to shift back towards the rail, closing the gap on ENDURE which was checked. He said Ms Gatu had hit her horse 3 times whilst it was on an inward movement.

In answer to a Committee question, Mr Goodwin estimated that when Ms Gatu and her mount commenced to shift inwards they were approximately ¾ length clear of ENDURE.

Ms Gatu for her part said that her mount did roll off the fence a bit and that it got a little tired. She said that she did not realise that Holly (Andrew) was to her inside until the last bit of her shift and then only became aware because Holly called to her. She said at that stage she did pull out in an attempt to straighten her mount.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was found to be proved.


sumissionsforpenalty:

Mr Goodwin produced Ms Gatu’s riding record which showed two careless riding breaches during the past 12 months, with the most recent being on 4 November 2016. He placed the carelessness at mid-range or just below and submitted that a 5-day suspension would be in order.

Ms Gatu said that she had a very good record having only had a handful of suspensions over a 5 year period. She said that she believed a 4-day suspension would be a suitable penalty.

A discussion then took place to ascertain where Ms Gatu rides. It was agreed by all parties that she is a North Island rider.


reasonsforpenalty:

After due consideration to the penalty submissions the committee also took into account the following matters before fixing quantum of penalty:

- The JCA starting point of 5 riding days suspension for a mid-range breach of the Rule

- The admittance of the breach, albeit this was unsurprising due to the substantial evidence

- The good record – 7 months since last breach

- The carelessness was deemed to be just below the mid-range category

- Nil aggravating factor

After giving a modest discount for the admitted breach and a discount for the good record, a
4 riding-day suspension was considered to be an appropriate penalty.


penalty:

Ms V Gatu’s Jockey’s Licence was suspended from the end of racing on 5 June 2017 up to and including all racing on 14 June 2017.

The days being:
8 June - Taranaki
9 June - Avondale
10 June - Hamilton
14 June - Te Teko

(*refer to footnote).

Auckland on 5 June was not included as declaration of riders had closed on 2 June 2017.

* On the morning of 4 June 2017 it was brought to the attention of the Judicial Committee by the Informant, Mr Goodwin that the raceday scheduled for 8 June at Taranaki is in fact for Apprentice and Highweight Riders only. Whilst the dates of the suspension imposed on Ms Gatu remain unchanged it is in effect now a 3 riding-day suspension.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Ms V Gatu - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 39415ce0df3da857d6e3c0af0768fdaa


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 61315e1b159852ea540d4191c5abb944


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/06/2017


meet_title: Wanganui JC - 3 June 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wanganui-jc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: TUtikere


meet_pm2: none


name: Wanganui JC