Hawke’s Bay RI 17 July 2014 – R 6
ID: JCA16926
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 17 July 2014
Meet Chair:
TCastles
Meet Committee Member 1:
PWilliams
Race Date:
2014/07/17
Race Number:
R6
Decision:
As the charge was admitted it was deemed proved.
Penalty:
The Committee has decided that a period of suspension of 6 weeks shall be imposed. The period of suspension shall begin after the completion of racing on Saturday 19 July 2014 and conclude after the completion of racing on Saturday 30 August 2014.
The Committee calculates this to be the equivalent of 16 riding days made up of 9 Central Districts days and 7 other Northern Districts days. No South Island days have been counted although the Committee also notes that on 2 of the Northern Districts days in August there is Premier racing at Riccarton.
Not included in the 9 Central Districts days is Wanganui set down for 17 August 2014 as the flat races programmed are for apprentices only.
For clarification the Committee notes that during the period of suspension there are 11 days when there is racing in the Northern Districts but not in the Central District. We do not believe Mr Parkes would have ridden at 4 of those 11 meetings - Avondale 23 July 2014 and 1 August 2014 and Whangarei 2 and 13 August 2014 - so those days have not been included in the calculation of 16 days.
Facts:
Following the running of Race 6, the "Manawatu Sound Service Sprint", Information A6757 was lodged by Stipendiary Steward Mr N Goodwin alleging a breach of Rule 638 (1)(b). The Information stated that "J Parkes angled his mount ABSOLUTELY SACRED outwards passing the 300 metre mark causing severe interference to DARBY SHAW resulting in rider M Dee being dislodged".
Rule 638 (1) b reads – ‘A rider shall not ride a horse in a manner which the Judicial Committee considers to be reckless’.
Mr Parkes signed the Information admitting the breach of the Rule. Prior to the commencement of the hearing Mr Parkes was asked if he was happy that the hearing into the charge of reckless riding be held today or whether he wanted it to be held over. Mr Parkes informed the committee that he was happy to proceed with the hearing and that the charge of reckless riding had been, with its interpretation, carefully explained to him by the Stipendiary Stewards. He confirmed that he understood the Rule.
Further, prior to the hearing commenced the Committee asked the Stewards for their understanding of the definition of the word "reckless". Mr Oatham referred to a document used by the Stipendiary Stewards and said reckless was being rash, or heedless or regardless of the consequences. The Committee also had a definition of reckless which included, as well as the words stated by Mr Oatham, the following:-
"Recklessness involves a foresight of dangerous consequences that could well happen combined with an intention to continue the course of conduct, or actions, even though those consequences are a clear risk. It is not the same to ride carelessly or for that matter dangerously. It is akin to intentional wrongdoing in doing or omitting to do something which the person recognises as likely to cause serious injury but does not care whether it does or not. It involves indifference to the consequence's of one's deliberate actions knowing or closing one's mind to the obvious fact that there is some risk of damage resulting from those actions".
Submissions for Decision:
Notwithstanding the Committee had viewed the films at an earlier hearing which led to the disqualification of ABSOLUTELY SACRED from the Race, the Committee asked the Stipendiary Stewards to play all the available films of the incident.
Mr Goodwin asked Mr Oatham to play the films. Mr Oatham identified ABSOLUTELY SACRED racing immediately behind PASSING PARADE approximately 1 horse width away from the rail as the horses rounded the home bend into the final straight. Racing on the outside of PASSING PARADE was NEUTRON STAR. He said Mr Parkes was held up behind those two horses and could be seen to angle his mount abruptly outwards to get a run. He said when doing so he caused severe interference to DARBY SHAW (M Dee) because he was not sufficiently clear and his actions and caused Mr Dee to be dislodged. Mr Oatham said immediately before moving out Mr Parkes did glance sideways but then kept coming. He said it was a deliberate action to move out which he did over several strides. Mr Oatham said Mr Parkes was only about ½ a length in front of DARBY SHAW when he undertook the actions that caused Mr Dee to be dislodged. The sharp pull on the right rein which could be seen in the head-on film clearly confirmed the abruptness of the actions. Mr Oatham also pointed out that SIR KINGWOOD who had been racing on the outside of DERBY SHAW also suffered considerable interference during the incident.
Mr Oatham believed the actions were deliberate but not malicious nor was there any intention by Mr Parkes to dislodge Mr Dee. He submitted, however, that they were reckless and were a breach of Rule 638(1)(b).
Mr Parkes informed the Committee his mount was full of running at the time he moved out. He was aware of Mr Walker's mount SIR KINGWOOD on his outside but was caught unawares of Mr Dee and DARBY SHAW's position when angling out. He confirmed he angled out sharply and that Mr Dee did call. He added that it all happened so quickly and it was "just an accident". Under questioning from the Committee Mr Parkes confirmed Mr Dee’s mount was entitled to be where it was in the gap and making progress. He agreed that he didn’t look hard enough.
Submissions for Penalty:
Mr Goodwin submitted a period of suspension of 4 – 6 weeks (later saying the penalty should be 5 weeks) was, he believed, appropriate for the breach. Mr Parkes, he confirmed, had never been charged under this rule and that some consideration should be given to that and the fact Mr Parkes had admitted the breach. He reiterated that Mr Parkes actions had resulted in his mount being disqualified, owners and the trainer as well as the betting public had been effected. He indicated to the committee that the stewards believed Mr Parkes had shown remorse over the incident.
Mr Goodwin produced a list of penalties for breaches of the Rule which covered a number of years:-
Jockey A- 07/01/99 received a fine of $2000
Jockey B - 27/03/99 was suspended for 6 weeks and fined $500
Jockey C - 26/12/99 a month’s suspension
Jockey D - 20/11/99 a month’s suspension
Jockey E - 09/02/02 6 weeks suspension.
Jockey B - 27/03/99 was suspended for 6 weeks and fined $500
Jockey C - 26/12/99 a month’s suspension
Jockey D - 20/11/99 a month’s suspension
Jockey E - 09/02/02 6 weeks suspension.
Mr Parkes submitted that he was a senior jockey who had never been charged under this rule. He had a mortgage and that his 10 years of race riding with a good record should be taken into account. He was aware of the deferment rule but asked for any period of suspension to commence after the completion of racing on Saturday 19 July 2014. He confirmed that he did occasionally ride in the north but was predominantly a Central Districts rider. This was confirmed by the Stipendiary Stewards.
Reasons for Penalty:
The Committee has carefully considered all the submissions presented. Further we have considered the definition of the term "reckless" as described by the Stewards and also in the document held by the Committee. The Committee believes the actions of Mr Parkes were rash and that he was determined to move out from behind the horses he was trailing regardless of the consequences of such actions. The movement out was abrupt, intentional and without regard for the riders to his outside. We therefore agree that his actions which led to Mr Dee being dislodged were reckless.
In coming to the Committee's decision to impose a period of suspension for the breach, consideration was given to Mr Parkes' clear record under this rule, his admittance of the breach and the remorse shown. The Committee was of the opinion that while his actions were seen to be calculated they were not vindictive – he just didn’t think of the consequences of his actions. The Committee also took into account that his mount being disqualified from the Race at an earlier hearing with resultant consequences for connections and the betting public. The penalty imposed must, the committee believed, reflect that.
The Committee noted the JCA Penalty Guidelines do not state a starting point penalty for a breach of this Rule. We were also aware there have been no recent breaches of this Rule. Whilst noting that Mr Parkes was not charged under the careless riding Rule (638(1)(d)) we did note recent "high end" penalties under that Rule which have involved jockeys being dislodged and noted that in those cases periods of suspension of between 10 to 13 days have been imposed.
The seriousness of this charge must be reflected by a much stronger penalty. The committee considered the submission of the stewards for a penalty of 5 weeks but were adamant that because of the time of the year where racing in the Central Districts and, to some degree, in the rest of the North Island is reduced, a period of suspension in excess of what the stewards submitted should be imposed to ensure the number of actual riding days included reflects the seriousness of what happened.
The Chairman explained to Mr Parkes that a combination of a fine and suspension had been applied on one occasion in the past but indicated that the circumstances of this particular breach meant the Committee felt would be better enforced by a period of suspension only.
The Committee was mindful that this particular charge had only been applied a few times since 1999. It is paramount for the racing industry that incidents like this one are not repeated and the penalty imposed must act as a deterrent.
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: b3a5eb017023d26125dcef34991dfd92
informantnumber: A6757
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of reckless riding
plea: admitted
penaltyrequired: 1
decisiondate: 03/07/2014
hearing_title: Hawke's Bay RI 17 July 2014 - R 6
charge:
facts:
Following the running of Race 6, the "Manawatu Sound Service Sprint", Information A6757 was lodged by Stipendiary Steward Mr N Goodwin alleging a breach of Rule 638 (1)(b). The Information stated that "J Parkes angled his mount ABSOLUTELY SACRED outwards passing the 300 metre mark causing severe interference to DARBY SHAW resulting in rider M Dee being dislodged".
Rule 638 (1) b reads – ‘A rider shall not ride a horse in a manner which the Judicial Committee considers to be reckless’.
Mr Parkes signed the Information admitting the breach of the Rule. Prior to the commencement of the hearing Mr Parkes was asked if he was happy that the hearing into the charge of reckless riding be held today or whether he wanted it to be held over. Mr Parkes informed the committee that he was happy to proceed with the hearing and that the charge of reckless riding had been, with its interpretation, carefully explained to him by the Stipendiary Stewards. He confirmed that he understood the Rule.
Further, prior to the hearing commenced the Committee asked the Stewards for their understanding of the definition of the word "reckless". Mr Oatham referred to a document used by the Stipendiary Stewards and said reckless was being rash, or heedless or regardless of the consequences. The Committee also had a definition of reckless which included, as well as the words stated by Mr Oatham, the following:-
"Recklessness involves a foresight of dangerous consequences that could well happen combined with an intention to continue the course of conduct, or actions, even though those consequences are a clear risk. It is not the same to ride carelessly or for that matter dangerously. It is akin to intentional wrongdoing in doing or omitting to do something which the person recognises as likely to cause serious injury but does not care whether it does or not. It involves indifference to the consequence's of one's deliberate actions knowing or closing one's mind to the obvious fact that there is some risk of damage resulting from those actions".
appealdecision:
isappeal:
submissionsfordecision:
Notwithstanding the Committee had viewed the films at an earlier hearing which led to the disqualification of ABSOLUTELY SACRED from the Race, the Committee asked the Stipendiary Stewards to play all the available films of the incident.
Mr Goodwin asked Mr Oatham to play the films. Mr Oatham identified ABSOLUTELY SACRED racing immediately behind PASSING PARADE approximately 1 horse width away from the rail as the horses rounded the home bend into the final straight. Racing on the outside of PASSING PARADE was NEUTRON STAR. He said Mr Parkes was held up behind those two horses and could be seen to angle his mount abruptly outwards to get a run. He said when doing so he caused severe interference to DARBY SHAW (M Dee) because he was not sufficiently clear and his actions and caused Mr Dee to be dislodged. Mr Oatham said immediately before moving out Mr Parkes did glance sideways but then kept coming. He said it was a deliberate action to move out which he did over several strides. Mr Oatham said Mr Parkes was only about ½ a length in front of DARBY SHAW when he undertook the actions that caused Mr Dee to be dislodged. The sharp pull on the right rein which could be seen in the head-on film clearly confirmed the abruptness of the actions. Mr Oatham also pointed out that SIR KINGWOOD who had been racing on the outside of DERBY SHAW also suffered considerable interference during the incident.
Mr Oatham believed the actions were deliberate but not malicious nor was there any intention by Mr Parkes to dislodge Mr Dee. He submitted, however, that they were reckless and were a breach of Rule 638(1)(b).
Mr Parkes informed the Committee his mount was full of running at the time he moved out. He was aware of Mr Walker's mount SIR KINGWOOD on his outside but was caught unawares of Mr Dee and DARBY SHAW's position when angling out. He confirmed he angled out sharply and that Mr Dee did call. He added that it all happened so quickly and it was "just an accident". Under questioning from the Committee Mr Parkes confirmed Mr Dee’s mount was entitled to be where it was in the gap and making progress. He agreed that he didn’t look hard enough.
reasonsfordecision:
Decision:
As the charge was admitted it was deemed proved.
sumissionsforpenalty:
Mr Goodwin submitted a period of suspension of 4 – 6 weeks (later saying the penalty should be 5 weeks) was, he believed, appropriate for the breach. Mr Parkes, he confirmed, had never been charged under this rule and that some consideration should be given to that and the fact Mr Parkes had admitted the breach. He reiterated that Mr Parkes actions had resulted in his mount being disqualified, owners and the trainer as well as the betting public had been effected. He indicated to the committee that the stewards believed Mr Parkes had shown remorse over the incident.
Mr Goodwin produced a list of penalties for breaches of the Rule which covered a number of years:-
Jockey A- 07/01/99 received a fine of $2000
Jockey B - 27/03/99 was suspended for 6 weeks and fined $500
Jockey C - 26/12/99 a month’s suspension
Jockey D - 20/11/99 a month’s suspension
Jockey E - 09/02/02 6 weeks suspension.
Jockey B - 27/03/99 was suspended for 6 weeks and fined $500
Jockey C - 26/12/99 a month’s suspension
Jockey D - 20/11/99 a month’s suspension
Jockey E - 09/02/02 6 weeks suspension.
Mr Parkes submitted that he was a senior jockey who had never been charged under this rule. He had a mortgage and that his 10 years of race riding with a good record should be taken into account. He was aware of the deferment rule but asked for any period of suspension to commence after the completion of racing on Saturday 19 July 2014. He confirmed that he did occasionally ride in the north but was predominantly a Central Districts rider. This was confirmed by the Stipendiary Stewards.
reasonsforpenalty:
The Committee has carefully considered all the submissions presented. Further we have considered the definition of the term "reckless" as described by the Stewards and also in the document held by the Committee. The Committee believes the actions of Mr Parkes were rash and that he was determined to move out from behind the horses he was trailing regardless of the consequences of such actions. The movement out was abrupt, intentional and without regard for the riders to his outside. We therefore agree that his actions which led to Mr Dee being dislodged were reckless.
In coming to the Committee's decision to impose a period of suspension for the breach, consideration was given to Mr Parkes' clear record under this rule, his admittance of the breach and the remorse shown. The Committee was of the opinion that while his actions were seen to be calculated they were not vindictive – he just didn’t think of the consequences of his actions. The Committee also took into account that his mount being disqualified from the Race at an earlier hearing with resultant consequences for connections and the betting public. The penalty imposed must, the committee believed, reflect that.
The Committee noted the JCA Penalty Guidelines do not state a starting point penalty for a breach of this Rule. We were also aware there have been no recent breaches of this Rule. Whilst noting that Mr Parkes was not charged under the careless riding Rule (638(1)(d)) we did note recent "high end" penalties under that Rule which have involved jockeys being dislodged and noted that in those cases periods of suspension of between 10 to 13 days have been imposed.
The seriousness of this charge must be reflected by a much stronger penalty. The committee considered the submission of the stewards for a penalty of 5 weeks but were adamant that because of the time of the year where racing in the Central Districts and, to some degree, in the rest of the North Island is reduced, a period of suspension in excess of what the stewards submitted should be imposed to ensure the number of actual riding days included reflects the seriousness of what happened.
The Chairman explained to Mr Parkes that a combination of a fine and suspension had been applied on one occasion in the past but indicated that the circumstances of this particular breach meant the Committee felt would be better enforced by a period of suspension only.
The Committee was mindful that this particular charge had only been applied a few times since 1999. It is paramount for the racing industry that incidents like this one are not repeated and the penalty imposed must act as a deterrent.
penalty:
The Committee has decided that a period of suspension of 6 weeks shall be imposed. The period of suspension shall begin after the completion of racing on Saturday 19 July 2014 and conclude after the completion of racing on Saturday 30 August 2014.
The Committee calculates this to be the equivalent of 16 riding days made up of 9 Central Districts days and 7 other Northern Districts days. No South Island days have been counted although the Committee also notes that on 2 of the Northern Districts days in August there is Premier racing at Riccarton.
Not included in the 9 Central Districts days is Wanganui set down for 17 August 2014 as the flat races programmed are for apprentices only.
For clarification the Committee notes that during the period of suspension there are 11 days when there is racing in the Northern Districts but not in the Central District. We do not believe Mr Parkes would have ridden at 4 of those 11 meetings - Avondale 23 July 2014 and 1 August 2014 and Whangarei 2 and 13 August 2014 - so those days have not been included in the calculation of 16 days.
hearing_type: Hearing
Rules: 638 (1)(b)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr J Parkes - Class A Licensed Jockey
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ef6c7ccee5d0c3812fb5a862d496bc3b
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: fba46a1106c4ae571c2a8f54b983325f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/07/2014
meet_title: Hawkes Bay RI - 17 July 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: TCastles
meet_pm1: PWilliams
meet_pm2: none
name: Hawkes Bay RI