Southland RC 16 February 2019 – R 7 – Chair, Mr T Utikere
ID: JCA16708
Code:
Thoroughbred
Meet Title:
Southland RC - 16 February 2019
Meet Chair:
TUtikere
Meet Committee Member 1:
MConway
Race Date:
2019/02/16
Race Number:
R1
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Bradley’s Licence is suspended from the conclusion of racing on Wednesday 6 March until the conclusion of racing on Thursday 14 March 2019.
Facts:
Following the running of Race 7 (ILT ASCOT PARK HOTEL SOUTHLAND GUINEAS 1600m), Information A9073 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) by Licensed Rider Mr D Bradley. The Information alleged that: ”D Bradley (UPSCALE) permitted his mount to shift inwards dictating AIR MAX (T Moseley) inwards passing the 500m causing FIRE SHOW (A Comignaghi) to be checked”.
Rule 638(1)(d) states:
“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”
Mr Bradley confirmed to the committee that he understood Rule 638(1)(d), and that he did admit the breach.
Using the back straight and side-on films, Mr McLaughlin identified Mr Bradley racing to the outside of Mr Moseley, with Ms Comignaghi near his inside on the rail. Mr Moseley was observed to have been dictated inwards by UPSCALE and Ms Comignaghi had to check as a result. Mr Bradley had been riding forward and Mr Moseley had to take a hold, meaning there was no room for Ms Comignaghi. Mr McLaughlin demonstrated via the films that at the point of the pressure being applied to Ms Comignaghi who had been on hind quarters, Mr Bradley had ¾ length on Mr Moseley.
Mr Bradley said that once he was positioned to the inside of WEAPONRY, he had ridden with some vigour and had heard Mr Moseley call to him. His mount was racing in blinkers and at the time he had tried to keep it out. He had made contact with WEAPONRY around the corner, but he said it was difficult for him to prove that. He described it as an error of judgement that happened right on a corner. He confirmed that he was impressed with the filly and that there were no issues with its ability to race; it simply switched off and had a concentration issue.
Submissions for Penalty:
With regard to the respondent’s record, the Committee advised that it was familiar with Mr Bradley’s record, given the most recent breach of the rule being dealt with earlier in the day. The four breaches within the previous 12 month period being: Southland, 16 February - 6 Days; Marton, 5 January - 5 Days; Waipukurau, 27 September - 6 Days; Taranaki, 21 July - 8 Days. Mr Davidson submitted the carelessness to sit at the low to mid range as there had been a nasty check to Ms Comignaghi. He also advised that the race was a Listed Race, and that an uplift was therefore sought. In mitigation, Mr Davidson submitted that Mr Bradley had admitted the breach at the earliest opportunity.
Mr Bradley confirmed his view that it was an error of judgement, but he also understood that any period of suspension would commence upon the conclusion of his most recent period of suspension.
Reasons for Penalty:
The Committee considered all of the submissions placed before it. Mr Bradley’s inwards movement, when not sufficiently clear, whilst heading into a bend on a horse with blinkers leads us to accept that this was an error of judgement on his part. The resultant impact to Mr Moseley has been tightening, while Ms Cominaghi has received a more than minor check on the rail. We have assessed the carelessness to fall at the low-end and as identified in the JCA Penalty Guidelines adopt a six day period of suspension. It is appropriate for us to apply an uplift as this occurred in a race with Listed status. We must also apply in mitigation Mr Bradley’s early admission of the breach. With regard to his record, this is his fifth breach in 12 months, the most recent arising from Race 1 on today’s race card. When we look at the three most recent breaches, two have been characterised as low -level and one at the low-mid level. On this occasion, albeit by a narrow margin, we continue to consider his record as a non-aggravating feature. The end result will be a six day period of 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: d6e9a6d96cdccf473b56e83535825bbc
informantnumber: A9073
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 18/02/2019
hearing_title: Southland RC 16 February 2019 - R 7 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 7 (ILT ASCOT PARK HOTEL SOUTHLAND GUINEAS 1600m), Information A9073 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) by Licensed Rider Mr D Bradley. The Information alleged that: ”D Bradley (UPSCALE) permitted his mount to shift inwards dictating AIR MAX (T Moseley) inwards passing the 500m causing FIRE SHOW (A Comignaghi) to be checked”.
Rule 638(1)(d) states:
“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”
Mr Bradley confirmed to the committee that he understood Rule 638(1)(d), and that he did admit the breach.
Using the back straight and side-on films, Mr McLaughlin identified Mr Bradley racing to the outside of Mr Moseley, with Ms Comignaghi near his inside on the rail. Mr Moseley was observed to have been dictated inwards by UPSCALE and Ms Comignaghi had to check as a result. Mr Bradley had been riding forward and Mr Moseley had to take a hold, meaning there was no room for Ms Comignaghi. Mr McLaughlin demonstrated via the films that at the point of the pressure being applied to Ms Comignaghi who had been on hind quarters, Mr Bradley had ¾ length on Mr Moseley.
Mr Bradley said that once he was positioned to the inside of WEAPONRY, he had ridden with some vigour and had heard Mr Moseley call to him. His mount was racing in blinkers and at the time he had tried to keep it out. He had made contact with WEAPONRY around the corner, but he said it was difficult for him to prove that. He described it as an error of judgement that happened right on a corner. He confirmed that he was impressed with the filly and that there were no issues with its ability to race; it simply switched off and had a concentration issue.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
With regard to the respondent’s record, the Committee advised that it was familiar with Mr Bradley’s record, given the most recent breach of the rule being dealt with earlier in the day. The four breaches within the previous 12 month period being: Southland, 16 February - 6 Days; Marton, 5 January - 5 Days; Waipukurau, 27 September - 6 Days; Taranaki, 21 July - 8 Days. Mr Davidson submitted the carelessness to sit at the low to mid range as there had been a nasty check to Ms Comignaghi. He also advised that the race was a Listed Race, and that an uplift was therefore sought. In mitigation, Mr Davidson submitted that Mr Bradley had admitted the breach at the earliest opportunity.
Mr Bradley confirmed his view that it was an error of judgement, but he also understood that any period of suspension would commence upon the conclusion of his most recent period of suspension.
reasonsforpenalty:
The Committee considered all of the submissions placed before it. Mr Bradley’s inwards movement, when not sufficiently clear, whilst heading into a bend on a horse with blinkers leads us to accept that this was an error of judgement on his part. The resultant impact to Mr Moseley has been tightening, while Ms Cominaghi has received a more than minor check on the rail. We have assessed the carelessness to fall at the low-end and as identified in the JCA Penalty Guidelines adopt a six day period of suspension. It is appropriate for us to apply an uplift as this occurred in a race with Listed status. We must also apply in mitigation Mr Bradley’s early admission of the breach. With regard to his record, this is his fifth breach in 12 months, the most recent arising from Race 1 on today’s race card. When we look at the three most recent breaches, two have been characterised as low -level and one at the low-mid level. On this occasion, albeit by a narrow margin, we continue to consider his record as a non-aggravating feature. The end result will be a six day period of suspension.
penalty:
Mr Bradley’s Licence is suspended from the conclusion of racing on Wednesday 6 March until the conclusion of racing on Thursday 14 March 2019.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr D Bradley - Licensed Rider
Otherperson: Mr J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ac0022cb50764f2e05b0c43b9ce5517b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
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race_km:
race_otherexp:
race_chair:
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meetid: a1aeafd5af8ac9bf4e17b389152b4210
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/02/2019
meet_title: Southland RC - 16 February 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: southland-rc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: MConway
meet_pm2: none
name: Southland RC