Archive Decision

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Wanganui JC 28 November 2015 – R 3 – Chair, Mr T Utikere

ID: JCA16796

Applicant:
Mr N Goodwin - Sitpendiary Steward

Respondent(s):
Mr J Riddell - Licensed Jockey

Other Person:
Mr J Parkes - Licensed Jockey, Mr R Neal - Co-Chief Stipendiary Steward, Ms R Myers - Licensed Jockey

Information Number:
A6829

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Wanganui JC - 28 November 2015

Meet Chair:
TUtikere

Meet Committee Member 1:
TCastles

Race Date:
2015/11/28

Race Number:
R3

Decision:

After hearing all submissions, the committee found the charge proved.

Penalty:

Mr Riddell's Licence is suspended from the close of racing on Saturday 5 December until the close of racing on Thursday 10 December. The three day suspension incorporates the Waipukurau (6th), Auckland (9th) and Hawke's Bay (10th) meetings.

Facts:

Following the running of Race 3 (Stevo's Distributors 1340m), Information A6829 was filed with the judicial committee. Licensed Jockey J Riddell was charged with careless riding under Rule 638(1)(d). The Information stated: "That near the 1000 metres J Riddell permitted his mount TIGER TIM to shift in when not clear of SHADOW FOX which was crowded and tightened and dictated inwards into the line of WILLS ROAD which was checked."

Mr Riddell confirmed that he understood Rule 638(1)(d) and that he did not admit the breach.

Submissions for Decision:

Stipendiary Steward Mr Goodwin called Rosie Myers as a witness. In response to questioning she stated that she rode WILLS ROAD and that her horse was racing in an attractable manner and that she was positioned adjacent to the rail, and approaching the 1000 metres was experiencing a trouble-free run. She experienced a little pressure from her outside, which required her to go from the trail to three-back. She observed that Mr Parkes (SHADOW FOX) was located to her outside, approximately half a length clear. She observed that he had been dictated to by Mr Riddell's horse and as a result she had to check due to insufficient room being available to her. In response to questions from Mr Riddell, she confirmed that SHADOW FOX was racing irrationally and appeared to be a difficult ride.

Johnathon Parkes was called as a witness. In response to questions from Mr Goodwin he stated that approximately 200 metres after the start he had elected to take a hold of his runner which was racing ungenerously. He observed that Mr Riddell had gradually come across and had 'cut him short'. This had resulted in pressure to Ms Myers on his inside, but that he was unable to relieve the pressure due to the ungenerous nature of his own horse. He indicated that Ms Myers had not called to him, but that he had called to Mr Riddell. He believed Mr Riddell to be 'almost' a length clear. In response to a question from Mr Riddell, Mr Parkes believed that if his horse had been racing more generously, he would have been able to pull back more easily.

Co-Chief Stipendiary Steward Ross Neal identified TIGER TIM, SHADOW FOX and WILLS ROAD on the available films. Using the head-on film, and in response to a question from the committee, he submitted that the fall of a rider that had happened immediately prior to this alleged incident had no bearing or relevance to the alleged breach under consideration. As the horses negotiated the crossing, he pointed out Mr Riddell putting pressure on to Mr Parkes who in turn was compelled to shift in and place some pressure on to Ms Myers. Ms Myers gradually ran out of her rightful line of racing and was placed behind Mr Parkes as a result. Mr Neal submitted that the evidence from witnesses and the films were compelling. He believed that as Mr Parkes was located to the inside of Mr Riddell, any inwards movement from Mr Riddell required Mr Parkes to shift inwards as a consequence. The stewards conceded Mr Riddell had eventually pulled off, but described this as too little, too late.

Mr Riddell said that he had not admitted the breach as he felt this was a fairly minor incident. He identified Mr Parkes' horse as over-racing at the time and that at the point of the crossing he had looked over his left shoulder, and Mr Parkes had appeared to have taken a hold, and that he had kept the one-off line. He accepted that he had 'cut him a bit fine', but that no interference had occurred. He believed that he had been clear enough to get in front of SHADOW FOX, but accepted that Ms Myers had been inconvenienced. In response to a question from the committee, he accepted that he had not been the required two lengths clear, but believed this incident was fairly minor and that the ungenerous nature of Mr Parkes' horse had been a contributor in this circumstance. 

Reasons for Decision:

It was clear that Mr Parkes was positioned to the inside of Mr Riddell, as the side-on films indicated that SHADOW FOX's head was inside TIGER TIM's hindquarters. The evidence also supports the submission that Mr Parkes' runner was racing ungenerously soon after dispatch. However, Mr Riddell accepted, by his own submission, that he was not the required distance clear when moving ground. It appears he was unaware that Ms Myers was located to SHADOW FOX's inside and immediately adjacent to the running rail. While Mr Parkes is a very experienced rider, and may have taken a hold, the fundamental aspect is that Mr Riddell never cleared his mount, and he has an obligation to do so. The committee viewed the incident as a technical breach of the rules, and accordingly we have an obligation to uphold the charge. 

Submissions for Penalty:

In presenting Mr Riddell's record, Mr Goodwin submitted four previous suspensions under this rule for the previous 12 month period. His most recent was at Awapuni in April 2015 which resulted in a six day period of suspension. Prior to that, Mr Riddell had received a six day suspension at the Auckland Meeting on 25 January. The stewards considered this to be a good record given the frequency of riding that Mr Riddell undertakes. Mr Goodwin submitted the current incident as falling within the low to mid-range and submitted a period of suspension as appropriate.

Mr Riddell identified that he had confirmed engagements for the coming week and sought a deferral of any period of suspension to commence after racing on Saturday 5 December. He believed that the level of carelessness was at the very low end, which was consistent with the nature of a technical breach. When looking at upcoming meetings, Mr Riddell advised the committee that he had ridden at Ellerslie and that he believed the upcoming Auckland Meeting should be incorporated into his suspension. The stewards supported this submission. Further, he advised that he was not a South Island rider outside of the Canterbury Carnival. He also asked the committee to consider his good record for someone who was a very busy rider. 

Reasons for Penalty:

The committee considered all of the submissions placed before it, and determined that a period of suspension was appropriate. We have described the breach as 'technical' in nature; and as such we independently assess it to fall at the low end. Adopting the JCA Penalty Guidelines starting point of a five day period of suspension, the committee determined that the nature of the breach and Mr Riddell's very good record for a busy rider were significant mitigating factors. Accordingly, a three day period of suspension was an appropriate penalty to impose on this occasion. The committee also noted Mr Riddell's request to defer any period of suspension until the conclusion of racing on 5 December. We also noted that when determining which meetings were to be incorporated into the period of suspension, both parties had made consistent submissions as to the inclusion of the upcoming Auckland meeting. 

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: a1582920e168f7bf40b60b4733097708


informantnumber: A6829


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: denied


penaltyrequired: 1


decisiondate: 29/11/2015


hearing_title: Wanganui JC 28 November 2015 - R 3 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 3 (Stevo's Distributors 1340m), Information A6829 was filed with the judicial committee. Licensed Jockey J Riddell was charged with careless riding under Rule 638(1)(d). The Information stated: "That near the 1000 metres J Riddell permitted his mount TIGER TIM to shift in when not clear of SHADOW FOX which was crowded and tightened and dictated inwards into the line of WILLS ROAD which was checked."

Mr Riddell confirmed that he understood Rule 638(1)(d) and that he did not admit the breach.


appealdecision:


isappeal:


submissionsfordecision:

Stipendiary Steward Mr Goodwin called Rosie Myers as a witness. In response to questioning she stated that she rode WILLS ROAD and that her horse was racing in an attractable manner and that she was positioned adjacent to the rail, and approaching the 1000 metres was experiencing a trouble-free run. She experienced a little pressure from her outside, which required her to go from the trail to three-back. She observed that Mr Parkes (SHADOW FOX) was located to her outside, approximately half a length clear. She observed that he had been dictated to by Mr Riddell's horse and as a result she had to check due to insufficient room being available to her. In response to questions from Mr Riddell, she confirmed that SHADOW FOX was racing irrationally and appeared to be a difficult ride.

Johnathon Parkes was called as a witness. In response to questions from Mr Goodwin he stated that approximately 200 metres after the start he had elected to take a hold of his runner which was racing ungenerously. He observed that Mr Riddell had gradually come across and had 'cut him short'. This had resulted in pressure to Ms Myers on his inside, but that he was unable to relieve the pressure due to the ungenerous nature of his own horse. He indicated that Ms Myers had not called to him, but that he had called to Mr Riddell. He believed Mr Riddell to be 'almost' a length clear. In response to a question from Mr Riddell, Mr Parkes believed that if his horse had been racing more generously, he would have been able to pull back more easily.

Co-Chief Stipendiary Steward Ross Neal identified TIGER TIM, SHADOW FOX and WILLS ROAD on the available films. Using the head-on film, and in response to a question from the committee, he submitted that the fall of a rider that had happened immediately prior to this alleged incident had no bearing or relevance to the alleged breach under consideration. As the horses negotiated the crossing, he pointed out Mr Riddell putting pressure on to Mr Parkes who in turn was compelled to shift in and place some pressure on to Ms Myers. Ms Myers gradually ran out of her rightful line of racing and was placed behind Mr Parkes as a result. Mr Neal submitted that the evidence from witnesses and the films were compelling. He believed that as Mr Parkes was located to the inside of Mr Riddell, any inwards movement from Mr Riddell required Mr Parkes to shift inwards as a consequence. The stewards conceded Mr Riddell had eventually pulled off, but described this as too little, too late.

Mr Riddell said that he had not admitted the breach as he felt this was a fairly minor incident. He identified Mr Parkes' horse as over-racing at the time and that at the point of the crossing he had looked over his left shoulder, and Mr Parkes had appeared to have taken a hold, and that he had kept the one-off line. He accepted that he had 'cut him a bit fine', but that no interference had occurred. He believed that he had been clear enough to get in front of SHADOW FOX, but accepted that Ms Myers had been inconvenienced. In response to a question from the committee, he accepted that he had not been the required two lengths clear, but believed this incident was fairly minor and that the ungenerous nature of Mr Parkes' horse had been a contributor in this circumstance. 


reasonsfordecision:

It was clear that Mr Parkes was positioned to the inside of Mr Riddell, as the side-on films indicated that SHADOW FOX's head was inside TIGER TIM's hindquarters. The evidence also supports the submission that Mr Parkes' runner was racing ungenerously soon after dispatch. However, Mr Riddell accepted, by his own submission, that he was not the required distance clear when moving ground. It appears he was unaware that Ms Myers was located to SHADOW FOX's inside and immediately adjacent to the running rail. While Mr Parkes is a very experienced rider, and may have taken a hold, the fundamental aspect is that Mr Riddell never cleared his mount, and he has an obligation to do so. The committee viewed the incident as a technical breach of the rules, and accordingly we have an obligation to uphold the charge. 


Decision:

After hearing all submissions, the committee found the charge proved.


sumissionsforpenalty:

In presenting Mr Riddell's record, Mr Goodwin submitted four previous suspensions under this rule for the previous 12 month period. His most recent was at Awapuni in April 2015 which resulted in a six day period of suspension. Prior to that, Mr Riddell had received a six day suspension at the Auckland Meeting on 25 January. The stewards considered this to be a good record given the frequency of riding that Mr Riddell undertakes. Mr Goodwin submitted the current incident as falling within the low to mid-range and submitted a period of suspension as appropriate.

Mr Riddell identified that he had confirmed engagements for the coming week and sought a deferral of any period of suspension to commence after racing on Saturday 5 December. He believed that the level of carelessness was at the very low end, which was consistent with the nature of a technical breach. When looking at upcoming meetings, Mr Riddell advised the committee that he had ridden at Ellerslie and that he believed the upcoming Auckland Meeting should be incorporated into his suspension. The stewards supported this submission. Further, he advised that he was not a South Island rider outside of the Canterbury Carnival. He also asked the committee to consider his good record for someone who was a very busy rider. 


reasonsforpenalty:

The committee considered all of the submissions placed before it, and determined that a period of suspension was appropriate. We have described the breach as 'technical' in nature; and as such we independently assess it to fall at the low end. Adopting the JCA Penalty Guidelines starting point of a five day period of suspension, the committee determined that the nature of the breach and Mr Riddell's very good record for a busy rider were significant mitigating factors. Accordingly, a three day period of suspension was an appropriate penalty to impose on this occasion. The committee also noted Mr Riddell's request to defer any period of suspension until the conclusion of racing on 5 December. We also noted that when determining which meetings were to be incorporated into the period of suspension, both parties had made consistent submissions as to the inclusion of the upcoming Auckland meeting. 


penalty:

Mr Riddell's Licence is suspended from the close of racing on Saturday 5 December until the close of racing on Thursday 10 December. The three day suspension incorporates the Waipukurau (6th), Auckland (9th) and Hawke's Bay (10th) meetings.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr N Goodwin - Sitpendiary Steward


JockeysandTrainer: Mr J Riddell - Licensed Jockey


Otherperson: Mr J Parkes - Licensed Jockey, Mr R Neal - Co-Chief Stipendiary Steward, Ms R Myers - Licensed Jockey


PersonPresent:


Respondent:


StipendSteward:


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meet_title: Wanganui JC - 28 November 2015


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