Auckland RC 15 December 2013 – R 4
ID: JCA16955
Code:
Thoroughbred
Meet Title:
Auckland RC - 15 December 2013
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2013/12/15
Race Number:
R4
Decision:
The breach is admitted and is therefore proved.
Penalty:
Mr Dell is suspended for 5 days commencing after racing at Matamata on 18 December 2013 and will conclude after racing on 27 December 2013.
Facts:
This charge arises from the running of Race 4, the MORE FM 1200. An Information was filed by Stipendiary Steward Mr J Oatham alleging that Class B Rider, Mr C Dell caused interference to SCHMEKEL in the final straight in breach of Rule 638(1)(d). This Rule provides that:
“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless”.
Mr Dell acknowledged that he understood the careless riding rule. He was assisted at the hearing by trainer of ALTIUS, Mr T Cole.
Stipendiary Steward Mr Williamson demonstrated the alleged breach using available film. He identified each of the horses involved, ALTIUS (C DELL) and SCHMEKEL (D Johnson) and their relative positions to each other as they entered the home straight.
Mr Williamson submitted that ALTIUS shifted ground outwards quite abruptly from about the 300 metre mark. In doing so ALTIUS inconvenienced EASTERN DRAGON and BORN HAPPY and then impeded and made contact with SCHMEKEL. After making contact ALTIUS continued to hamper the progress of SCHMEKEL to the finish. Mr Williamson said Miss Johnson was required to take hold of SCHMEKEL who became unbalanced over the concluding 50 metres. Using rear view film Mr Williamson said he estimated ALTIUS shifted out 5 to 7 horse widths from the point of contact.
Williamson said that ALTIUS, who was having its first start, raced greenly up the straight, but Mr Dell still, had an obligation to straighten his mount, albeit he did make some effort to straighten by changing his whip from right to left hand.
Mr Dell confirmed to the Committee that he did make an effort to straighten ALTIUS by changing his whip hand. He also said that Ellerslie was a difficult course for first starters and the horse’s greenness was a major contributing factor.
Mr Cole said that ALTIUS was a big powerful horse and in Mr Dell's favour he did revert to hands and heels when the horse was not responding to the whip. He said Mr Dell tried very hard to straighten ALTIUS.
Submissions for Penalty:
Mr Oatham submitted that Mr Dell has twice breached the careless riding within 12 months, that last being 9 months ago. However, he noted that Mr Dell's overall riding record had improved considerably over the past 12 months. He said there were a number of mitigating factors the Committee could consider in Mr Dell's favour including ALTIUS' racing manners, it was a first starter and may have had difficulty adapting to racing at Ellerslie. Also, Mr Dell did make some effort to straighten his mount. He said that an aggravating factor was that ALTIUS was relegated from 1st to 2nd placing. Mr Oatham said that in balancing those considerations the Stewards submit the breach could be dealt with by way of a 4 to 5 day suspension.
Mr Dell submitted that he agreed with Mr Oatham's assessment. He said he is struggling to secure rides at the moment and a 4 or 5 days suspension would be adequate for the breach. He advised that Committee that he had riding commitments at the forthcoming Matamata meeting on 18 December 2013.
Reasons for Penalty:
The Committee has considered the facts surrounding this breach and submissions from both the Informant and Defendant. In assessing penalty the Committee has referred to the Penalty Guidelines for Judicial Committees which establish the starting point for a breach of this rule at 5 days suspension. The Committee has also taken into account penalties incurred by other riders for similar breaches.
In this case the Committee has adopted 5 days as the starting point and has then made adjustments for the various mitigating and aggravating factors. The Committee has given Mr Dell credit for his good riding record and admission of the breach. The interference has resulted in Mr Dell's mount, ALTIUS, being relegated from 1st placing. The Committee accepts that ALTIUS was a difficult ride and Mr Dell did take some steps to straighten his mount, however the level of carelessness is assessed at mid-range.
The Committee has noted Mr Dell has riding commitments up to 18 December and that he is a North Island rider.
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: b83dc5e8451222f13558352434740495
informantnumber: A2933
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Permitted his mount to shift outwards in the final straight when not sufficiently clear causing interference to SCHMEKEL
plea: admitted
penaltyrequired: 1
decisiondate: 17/12/2013
hearing_title: Auckland RC 15 December 2013 - R 4
charge:
facts:
This charge arises from the running of Race 4, the MORE FM 1200. An Information was filed by Stipendiary Steward Mr J Oatham alleging that Class B Rider, Mr C Dell caused interference to SCHMEKEL in the final straight in breach of Rule 638(1)(d). This Rule provides that:
“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless”.
Mr Dell acknowledged that he understood the careless riding rule. He was assisted at the hearing by trainer of ALTIUS, Mr T Cole.
Stipendiary Steward Mr Williamson demonstrated the alleged breach using available film. He identified each of the horses involved, ALTIUS (C DELL) and SCHMEKEL (D Johnson) and their relative positions to each other as they entered the home straight.
Mr Williamson submitted that ALTIUS shifted ground outwards quite abruptly from about the 300 metre mark. In doing so ALTIUS inconvenienced EASTERN DRAGON and BORN HAPPY and then impeded and made contact with SCHMEKEL. After making contact ALTIUS continued to hamper the progress of SCHMEKEL to the finish. Mr Williamson said Miss Johnson was required to take hold of SCHMEKEL who became unbalanced over the concluding 50 metres. Using rear view film Mr Williamson said he estimated ALTIUS shifted out 5 to 7 horse widths from the point of contact.
Williamson said that ALTIUS, who was having its first start, raced greenly up the straight, but Mr Dell still, had an obligation to straighten his mount, albeit he did make some effort to straighten by changing his whip from right to left hand.
Mr Dell confirmed to the Committee that he did make an effort to straighten ALTIUS by changing his whip hand. He also said that Ellerslie was a difficult course for first starters and the horse’s greenness was a major contributing factor.
Mr Cole said that ALTIUS was a big powerful horse and in Mr Dell's favour he did revert to hands and heels when the horse was not responding to the whip. He said Mr Dell tried very hard to straighten ALTIUS.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Oatham submitted that Mr Dell has twice breached the careless riding within 12 months, that last being 9 months ago. However, he noted that Mr Dell's overall riding record had improved considerably over the past 12 months. He said there were a number of mitigating factors the Committee could consider in Mr Dell's favour including ALTIUS' racing manners, it was a first starter and may have had difficulty adapting to racing at Ellerslie. Also, Mr Dell did make some effort to straighten his mount. He said that an aggravating factor was that ALTIUS was relegated from 1st to 2nd placing. Mr Oatham said that in balancing those considerations the Stewards submit the breach could be dealt with by way of a 4 to 5 day suspension.
Mr Dell submitted that he agreed with Mr Oatham's assessment. He said he is struggling to secure rides at the moment and a 4 or 5 days suspension would be adequate for the breach. He advised that Committee that he had riding commitments at the forthcoming Matamata meeting on 18 December 2013.
reasonsforpenalty:
The Committee has considered the facts surrounding this breach and submissions from both the Informant and Defendant. In assessing penalty the Committee has referred to the Penalty Guidelines for Judicial Committees which establish the starting point for a breach of this rule at 5 days suspension. The Committee has also taken into account penalties incurred by other riders for similar breaches.
In this case the Committee has adopted 5 days as the starting point and has then made adjustments for the various mitigating and aggravating factors. The Committee has given Mr Dell credit for his good riding record and admission of the breach. The interference has resulted in Mr Dell's mount, ALTIUS, being relegated from 1st placing. The Committee accepts that ALTIUS was a difficult ride and Mr Dell did take some steps to straighten his mount, however the level of carelessness is assessed at mid-range.
The Committee has noted Mr Dell has riding commitments up to 18 December and that he is a North Island rider.
penalty:
Mr Dell is suspended for 5 days commencing after racing at Matamata on 18 December 2013 and will conclude after racing on 27 December 2013.
hearing_type: Hearing
Rules: Rule 638(1)(d)- Careless Riding
Informant: Mr J Oatham Stipendiary Steward
JockeysandTrainer: C DELL - Class B Rider
Otherperson: Mr T Cole - Trainer assisting Mr Dell
PersonPresent:
Respondent:
StipendSteward:
raceid: e95ea239552f8a48164566acd936bd31
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fcc8fa48722e6ed6d57ebfe13e2f5040
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/12/2013
meet_title: Auckland RC - 15 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Auckland RC