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Auckland RC 26 December 2014 – R 3

ID: JCA16992

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr N Harris - Rider of TIARA CONCERTO

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A6868

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 26 December 2014

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2014/12/26

Race Number:
R3

Decision:

As Mr Harris admitted the breach we find the charge proved.

Penalty:

We grant Mr Harris request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, Mr Harris had his license to ride in races suspended for a period to commence after racing on 1 January and conclude after racing on 6 January 2015 (4 North Island days).

Facts:

Following the running of race 3, Coca – Cola Mile, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Mr Harris angled his mount TIARA CONCERTO outwards near the 400 metres when not sufficiently clear of TRONIC ROSE which was checked.

Mr Harris acknowledged that he understood the nature of the charge, 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.

Mr Coles identified on the back on film that there were 3 horse involved in the incident which occurred as the field entered the home straight with approximately 400 metres to run. TIARA CONCERTO, VICTOR HUGO (M Cameron) and TRONIC ROSE (J Collett). He said that Mr Collett had sufficient room to move out into a marginal gap outside of TIARA CONCERTO. At that point TRONIC ROSE made contact with the hind quarters of VICTOR HUGO. Simultaneously Mr Harris angled TIARA CONCERTO out but was not sufficiently clear of TRONIC ROSE causing that horse to be checked quite sharply.

Mr Harris told the Committee that he was not aware TRONIC ROSE was behind his mount until TIARA CONCERTO back legs made contact. He advised that a contributing factor was VICTOR HUGO and TIARA CONCERTO made contact just prior to him angling his mount out. He added that the incident occurred on the point of the turn where every rider was trying to move out to make there run.

Submissions for Penalty:

Mr Oatham produced Mr Harris’s record which showed 2 previous breach under this Rule in the last 12 months. One being on this day last year (26.12.13) and the other on 11 January 2014. He said Mr Harris had a good record, the level of carelessness was low to mid–range and although there were severe consequences there were mitigating circumstances in his favour due to TRONIC ROSE making contact and being bounced off VICTOR HUGO. Mr Oatham submitted an appropriate penalty would be a suspension in the 4 to 5 day range.

Mr Harris advised that he had upcoming engagements at Ellerslie on 1 January, and sought a deferment to any proposed suspension. He submitted the incident was a misjudgement on his part.

Mr Harris confirmed that he rode only in the North Island.

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. The mitigating factors were Mr Harris admission of the breach and his very good record in relation to this Rule. We assess the level of carelessness as low however, we observed that TRONIC ROSE did receive a significant check. We note there were contributing factors including the contact made between VICTOR HUGO and TRONIC ROSE immediately prior to Mr Harris shifting his mount outward.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.

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: bed407ed1fa2dc8ab6107893c66c3577


informantnumber: A6868


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 13/12/2014


hearing_title: Auckland RC 26 December 2014 - R 3


charge:


facts:

Following the running of race 3, Coca – Cola Mile, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Mr Harris angled his mount TIARA CONCERTO outwards near the 400 metres when not sufficiently clear of TRONIC ROSE which was checked.

Mr Harris acknowledged that he understood the nature of the charge, 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.

Mr Coles identified on the back on film that there were 3 horse involved in the incident which occurred as the field entered the home straight with approximately 400 metres to run. TIARA CONCERTO, VICTOR HUGO (M Cameron) and TRONIC ROSE (J Collett). He said that Mr Collett had sufficient room to move out into a marginal gap outside of TIARA CONCERTO. At that point TRONIC ROSE made contact with the hind quarters of VICTOR HUGO. Simultaneously Mr Harris angled TIARA CONCERTO out but was not sufficiently clear of TRONIC ROSE causing that horse to be checked quite sharply.

Mr Harris told the Committee that he was not aware TRONIC ROSE was behind his mount until TIARA CONCERTO back legs made contact. He advised that a contributing factor was VICTOR HUGO and TIARA CONCERTO made contact just prior to him angling his mount out. He added that the incident occurred on the point of the turn where every rider was trying to move out to make there run.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Harris admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Harris’s record which showed 2 previous breach under this Rule in the last 12 months. One being on this day last year (26.12.13) and the other on 11 January 2014. He said Mr Harris had a good record, the level of carelessness was low to mid–range and although there were severe consequences there were mitigating circumstances in his favour due to TRONIC ROSE making contact and being bounced off VICTOR HUGO. Mr Oatham submitted an appropriate penalty would be a suspension in the 4 to 5 day range.

Mr Harris advised that he had upcoming engagements at Ellerslie on 1 January, and sought a deferment to any proposed suspension. He submitted the incident was a misjudgement on his part.

Mr Harris confirmed that he rode only in the North Island.


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. The mitigating factors were Mr Harris admission of the breach and his very good record in relation to this Rule. We assess the level of carelessness as low however, we observed that TRONIC ROSE did receive a significant check. We note there were contributing factors including the contact made between VICTOR HUGO and TRONIC ROSE immediately prior to Mr Harris shifting his mount outward.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.


penalty:

We grant Mr Harris request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, Mr Harris had his license to ride in races suspended for a period to commence after racing on 1 January and conclude after racing on 6 January 2015 (4 North Island days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr N Harris - Rider of TIARA CONCERTO


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2cc11fb1e18f9a772b6bd0a9931543b2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a3789c8049af24548440c482c18244ee


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/12/2014


meet_title: Auckland RC - 26 December 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Auckland RC