Archive Decision

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Auckland RC 26 December 2020 – R 8 – Chair, Mr G Jones

ID: JCA16879

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr C Ormsby - Rider of MOANA

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A13440

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 26 December 2020

Meet Chair:
GJones

Meet Committee Member 1:
BScott

Race Date:
2020/12/26

Race Number:
R8

Decision:

As Mr Ormsby admitted the breach the Committee found the charge proved. 

Penalty:

The Committee granted Mr Ormsby a deferment to his suspension pursuant to Rule 1106(2). Accordingly, his licence to ride in races is suspended for a period of 6 days commencing after racing on 30 December 2020 and concluding after racing on 9 January 2021.

Facts:

This charge arises from the running of race 8, the Jamieson Park Eight Carat Classic (Group 2 and $100,000). Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the rider of MOANA (C Ormsby), permitted his mount to shift in near the 1300 metres when not sufficiently clear of TANGO LOVE (S Collett) which was checked.

Mr Ormsby acknowledged he understood the Rule and confirmed his admission of the breach.

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

Using the available race films Stipendiary Steward, Mr Coles demonstrated the incident and identified the horses and riders concerned; namely MOANA (C Ormsby) and TANGO LOVE (S Collett). He told the Committee that approaching the 1300 metre mark MOANA shifted inward into the running line of TANGO LOVE who was crowded and checked. He said that Mr Ormsby was never any more than one length clear of TANGO LOVE when shifting in. He added that the shift was an error of judgement on Mr Ormsby’s part.

In response Mr Ormsby stated that both he and Ms Collett allowed their mount to shift in at the same time. He said that Ms Collett was always intending to shift in and that his shift was a bit too soon and rushed.

Submissions for Penalty:

Mr Oatham produced Mr Ormsby’s riding record which indicated 2 previous breaches under the careless riding Rule in the last 12 months; namely on 17 September 2020 (resulting in 3-day suspension) and 7 November 2020 (resulting in a 5-day suspension).

Mr Oatham said Stewards assessed the level of carelessness in the mid-range due to the fact that the inward shift was sharp. He identified the fact that the breach occurred in a G 2 race with a stake of $100,000, and MOANA finished in 3rd place. He submitted that any proposed suspension should take into account those factors.

Mr Ormsby sought a deferment to any proposed suspension until after racing on 30 December 2020.

In terms of any proposed penalty Mr Ormsby suggested that the fact the breach occurred in a Group race should have no bearing on penalty.

In response, the Committee pointed out to Mr Ormsby the requirements of Rule 920 which relate to factors to be considered when assessing penalty, which include the status of the race, the stakes payable and the consequential effects or impacts of the breach. 

Reasons for Penalty:

After considering the submissions and reviewing the race film and the Committee determined Mr Ormsby’s carelessness to be in the mid- range and we adopted a 5-day, plus $500 fine as our starting point. This conforms with the NZTR penalty directive.

The available films established that Mr Ormsby did shift in and crowd TANGO LOVE. The shift was quite abrupt and once the shift was made, he appeared to ease his mount slightly.

Mr Ormsby’s riding record was assessed as being a neutral factor as he returned to race riding after the COVID break and this is now his third breach since his return.

The only mitigating factor considered was Mr Ormsby’s admission of the breach for which we afforded him a 1-day reduction from the 5-day starting point.

In accordance with Rule 920 the Committee took due cognisance of the fact that this breach occurred in a Group 2 race with stakes payable of $100,000. On that basis the Committee applied a 2-day (suspension) uplift and a $100 (fine) increase from out starting point(s).

After taking into account all the above factors the Committee considered that an appropriate suspension was 6 (national) days, and a $600 fine. 

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: addcf493de3050019c413dd7d1d0632e


informantnumber: A13440


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 27/12/2020


hearing_title: Auckland RC 26 December 2020 – R 8 – Chair, Mr G Jones


charge:


facts:

This charge arises from the running of race 8, the Jamieson Park Eight Carat Classic (Group 2 and $100,000). Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the rider of MOANA (C Ormsby), permitted his mount to shift in near the 1300 metres when not sufficiently clear of TANGO LOVE (S Collett) which was checked.

Mr Ormsby acknowledged he understood the Rule and confirmed his admission of the breach.

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

Using the available race films Stipendiary Steward, Mr Coles demonstrated the incident and identified the horses and riders concerned; namely MOANA (C Ormsby) and TANGO LOVE (S Collett). He told the Committee that approaching the 1300 metre mark MOANA shifted inward into the running line of TANGO LOVE who was crowded and checked. He said that Mr Ormsby was never any more than one length clear of TANGO LOVE when shifting in. He added that the shift was an error of judgement on Mr Ormsby’s part.

In response Mr Ormsby stated that both he and Ms Collett allowed their mount to shift in at the same time. He said that Ms Collett was always intending to shift in and that his shift was a bit too soon and rushed.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Ormsby admitted the breach the Committee found the charge proved. 


sumissionsforpenalty:

Mr Oatham produced Mr Ormsby’s riding record which indicated 2 previous breaches under the careless riding Rule in the last 12 months; namely on 17 September 2020 (resulting in 3-day suspension) and 7 November 2020 (resulting in a 5-day suspension).

Mr Oatham said Stewards assessed the level of carelessness in the mid-range due to the fact that the inward shift was sharp. He identified the fact that the breach occurred in a G 2 race with a stake of $100,000, and MOANA finished in 3rd place. He submitted that any proposed suspension should take into account those factors.

Mr Ormsby sought a deferment to any proposed suspension until after racing on 30 December 2020.

In terms of any proposed penalty Mr Ormsby suggested that the fact the breach occurred in a Group race should have no bearing on penalty.

In response, the Committee pointed out to Mr Ormsby the requirements of Rule 920 which relate to factors to be considered when assessing penalty, which include the status of the race, the stakes payable and the consequential effects or impacts of the breach. 


reasonsforpenalty:

After considering the submissions and reviewing the race film and the Committee determined Mr Ormsby’s carelessness to be in the mid- range and we adopted a 5-day, plus $500 fine as our starting point. This conforms with the NZTR penalty directive.

The available films established that Mr Ormsby did shift in and crowd TANGO LOVE. The shift was quite abrupt and once the shift was made, he appeared to ease his mount slightly.

Mr Ormsby’s riding record was assessed as being a neutral factor as he returned to race riding after the COVID break and this is now his third breach since his return.

The only mitigating factor considered was Mr Ormsby’s admission of the breach for which we afforded him a 1-day reduction from the 5-day starting point.

In accordance with Rule 920 the Committee took due cognisance of the fact that this breach occurred in a Group 2 race with stakes payable of $100,000. On that basis the Committee applied a 2-day (suspension) uplift and a $100 (fine) increase from out starting point(s).

After taking into account all the above factors the Committee considered that an appropriate suspension was 6 (national) days, and a $600 fine. 


penalty:

The Committee granted Mr Ormsby a deferment to his suspension pursuant to Rule 1106(2). Accordingly, his licence to ride in races is suspended for a period of 6 days commencing after racing on 30 December 2020 and concluding after racing on 9 January 2021.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr C Ormsby - Rider of MOANA


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 1e3badaf0110ca0b987e2fbd38ca3e8a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


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meetid: 074c6f57c9fa4091c69cf7c4ac4946a1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/12/2020


meet_title: Auckland RC - 26 December 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: BScott


meet_pm2: none


name: Auckland RC