Counties RC 24 November 2012 – R 6
ID: JCA16717
Code:
Thoroughbred
Meet Title:
Counties RC - 24 November 2012
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2012/11/24
Race Number:
R6
Decision:
As Mr Colgan admitted the breach we find the charge proved.
Penalty:
We grant Mr Colgan's request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Colgan which will commence after racing on 1st December and conclude after racing on 8th December 2012 (6 days).
Charge:
Following race 6, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that near the 500 metres FLORIA (V Colgan) shifted out crowding FINAL TOUCH (C Johnson) onto MISS PELEAR ( R Hutchings) for a distance, with FINAL TOUCH losing its position.
Facts:
Mr Coles demonstrated the incident by using all the available films. He pointed out to the committee that near the 500 metres Mr Colgan angled his mount outward by 1 horse width into the rightful running line of FINAL TOUCH. This caused FINAL TOUCH to be placed in tight quarters and shift out onto MISS PELEAR whose hind quarters were turned sideways for a short distance. Both runners were badly unbalanced with FINAL TOUCH losing its position.
Mr Colgan admitted to the committee that he shifted out 1 horse widths and there was some hustle and bustle for 3 to 4 strides.
Submissions for Penalty:
Mr Oatham produced Mr Colgan's record which showed 2 previous breaches under this rule in the last 12 months. He submitted Mr Colgan should be given credit for admission of the breach and his good record. He submitted the incident resulted in quite severe buffeting to 2 runners who had their chances affected in a Group 2 race worth $100,000. He assessed the level of carelessness as mid range.
Mr Colgan submitted he had commitments up to and including December 1 and was seeking a deferment to his proposed suspension.
In response to a question from the committee as to his intentions to ride at Cromwell on the 2nd of December and Christchurch on the 7th December, Mr Colgan advised us he intended to ride horses for Mr S Kennedy at both meetings.
Mr Oatham acknowledged that Mr Colgan rode at the recent Christchurch carnival.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Colgan's admission of the breach and his very good record. The aggravating factors are, the level of carelessness which we independently assess as mid range, the status of the race being a Group 2 worth $100,000 and the significant interference that occurred resulting in 2 horses having their chances of finishing in a better position affected. We note that MISS PELEAR recovered to finish a close 2nd and FINAL TOUCH recovered to finish an unlucky 4th. The committee accepts that Mr Colgan has recently been riding Mr Kennedy's horses in the South Island. Balancing all of these facts and placing emphasis on the significant aggravating factors we assess an appropriate penalty is a 6 day suspension.
JCA Decision Fields (raw)
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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: d82941199be58f2ab8d26860f6e0284a
informantnumber: A4865
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/11/2012
hearing_title: Counties RC 24 November 2012 - R 6
charge:
Following race 6, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that near the 500 metres FLORIA (V Colgan) shifted out crowding FINAL TOUCH (C Johnson) onto MISS PELEAR ( R Hutchings) for a distance, with FINAL TOUCH losing its position.
facts:
Mr Coles demonstrated the incident by using all the available films. He pointed out to the committee that near the 500 metres Mr Colgan angled his mount outward by 1 horse width into the rightful running line of FINAL TOUCH. This caused FINAL TOUCH to be placed in tight quarters and shift out onto MISS PELEAR whose hind quarters were turned sideways for a short distance. Both runners were badly unbalanced with FINAL TOUCH losing its position.
Mr Colgan admitted to the committee that he shifted out 1 horse widths and there was some hustle and bustle for 3 to 4 strides.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Colgan admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Colgan's record which showed 2 previous breaches under this rule in the last 12 months. He submitted Mr Colgan should be given credit for admission of the breach and his good record. He submitted the incident resulted in quite severe buffeting to 2 runners who had their chances affected in a Group 2 race worth $100,000. He assessed the level of carelessness as mid range.
Mr Colgan submitted he had commitments up to and including December 1 and was seeking a deferment to his proposed suspension.
In response to a question from the committee as to his intentions to ride at Cromwell on the 2nd of December and Christchurch on the 7th December, Mr Colgan advised us he intended to ride horses for Mr S Kennedy at both meetings.
Mr Oatham acknowledged that Mr Colgan rode at the recent Christchurch carnival.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Colgan's admission of the breach and his very good record. The aggravating factors are, the level of carelessness which we independently assess as mid range, the status of the race being a Group 2 worth $100,000 and the significant interference that occurred resulting in 2 horses having their chances of finishing in a better position affected. We note that MISS PELEAR recovered to finish a close 2nd and FINAL TOUCH recovered to finish an unlucky 4th. The committee accepts that Mr Colgan has recently been riding Mr Kennedy's horses in the South Island. Balancing all of these facts and placing emphasis on the significant aggravating factors we assess an appropriate penalty is a 6 day suspension.
penalty:
We grant Mr Colgan's request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Colgan which will commence after racing on 1st December and conclude after racing on 8th December 2012 (6 days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr V Colgan - Rider of FLORIA
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: fde97fd7fcf612c27f1832bcdc53ab09
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 11dbc197fd7eb74c8bfcecb0bcf407c7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/11/2012
meet_title: Counties RC - 24 November 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Counties RC