Auckland RC 1 January 2016 – R 5 – Chair, Mr A Dooley
ID: JCA16995
Code:
Thoroughbred
Meet Title:
Auckland RC - 1 January 2016
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2016/01/01
Race Number:
R5
Decision:
As Mr Colgan admitted the breach the Committee find the charge proved.
Penalty:
We grant Mr Colgan request to seek a deferment to his suspension as per Rule 1106(2)
Accordingly, Mr Colgan’s had his license to ride in races suspended for a period to commence after racing on 3rd January and conclude after racing on 15 January (4 days) In addition Mr Colgan was fined $1,000.
That period of suspension encompasses meetings at Whanagrei on January 5, Rotorua January 8, Auckland January 9 and Matamata January 15.
Facts:
Following the running of race 5, The Hits Great Northern Guineas Group 2, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Neal, alleged that Mr Colgan permitted his mount RANGIPO to shift inwards shortly after the start when not sufficiently clear dictating GET THAT JIVE inwards crowding SCRUTINIZE which was checked.
Mr Colgan acknowledged that 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.
Mr Oatham demonstrated the incident by using all the available video films. He identified RANGIPO jumping from barrier 6 and shortly after the start Mr Colgan allowing his mount to shift in. In doing so GET THAT JIVE which had drawn barrier 4 had its running line dictated inwards which further resulted in SCRUTINIZE having to be checked and lose ground.
Mr Colgan told the Committee that he jumped out well but admitted dictating the running line of Mr Bosson. However, he said he reacted immediately when he heard Mr Bosson call out to him. He added that he was not aware of Mr Cameron the rider of SCRUTINIZE racing to the inside of Mr Bosson.
Submissions for Penalty:
Mr Neal produced Ms Colgan’s record which showed 1 previous breach under this Rule in the last 12 months, which he described as a very good record. He stated that Mr Colgan was a busy rider who rode exclusively in the Northern Region. He described the level of carelessness as no more than mid – range and today's breach was a slight error of judgement. Mr Neal referred to the JCA Penalty Guide which recommends a starting point of 5 days for a careless riding breach.
Mr Colgan after talking to his manger submitted that he had firm commitments at Thames on 3rd of January and any proposed suspension could start after that date.
In response to a question from the Committee, Mr Colgan conceded that he has no recent history of riding in the Central Region on Industry days. He accepted these dates could not be included in his proposed penalty.
The Committee appreciated Mr Colgan’s honest submission regarding his recent riding history.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Ms Colgan’s admission of the breach and his very good record in relation to this rule for which he has been given credit. However, this has to be balanced against the consequences of Ms Colgan’s actions when RANGIPO shifted in shortly after jumping from the starting stalls dictating GET THAT JIVE inwards into the running line of SCRUTINIZE which was checked losing several lengths. We assess the level of carelessness to be in the low to mid – range. In our opinion the notable aggravating fact was the interference occurred in a Group 2 race worth $100,000. This fact is also documented in the JCA Penalty Guide.
Rule 920 (2) states: On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule; and/or
(d) the need to maintain integrity and public confidence in racing.
After taking into account all the above factors the Committee considers an appropriate suspension was 5 days.
It was explained to Mr Colgan prior to announcing the penalty that the 5th day of his proposed suspension was the Iconic race meeting at Wellington on 16 January which involved the Group 1 Telegraph Handicap. As a result of this Mr Colgan was asked by the Committee if he would prefer a combination of a fine and suspension to enable him to ride on this day. Mr Colgan confirmed that he would prefer a combination of a fine and suspension which would allow him to ride at Wellington. This approach is consistent with other recent penalties where the same circumstances have occurred.
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: bf3c3a981087548d9636de4b87f3b076
informantnumber: A3524
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2016
hearing_title: Auckland RC 1 January 2016 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, The Hits Great Northern Guineas Group 2, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Neal, alleged that Mr Colgan permitted his mount RANGIPO to shift inwards shortly after the start when not sufficiently clear dictating GET THAT JIVE inwards crowding SCRUTINIZE which was checked.
Mr Colgan acknowledged that 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.
Mr Oatham demonstrated the incident by using all the available video films. He identified RANGIPO jumping from barrier 6 and shortly after the start Mr Colgan allowing his mount to shift in. In doing so GET THAT JIVE which had drawn barrier 4 had its running line dictated inwards which further resulted in SCRUTINIZE having to be checked and lose ground.
Mr Colgan told the Committee that he jumped out well but admitted dictating the running line of Mr Bosson. However, he said he reacted immediately when he heard Mr Bosson call out to him. He added that he was not aware of Mr Cameron the rider of SCRUTINIZE racing to the inside of Mr Bosson.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Colgan admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Neal produced Ms Colgan’s record which showed 1 previous breach under this Rule in the last 12 months, which he described as a very good record. He stated that Mr Colgan was a busy rider who rode exclusively in the Northern Region. He described the level of carelessness as no more than mid – range and today's breach was a slight error of judgement. Mr Neal referred to the JCA Penalty Guide which recommends a starting point of 5 days for a careless riding breach.
Mr Colgan after talking to his manger submitted that he had firm commitments at Thames on 3rd of January and any proposed suspension could start after that date.
In response to a question from the Committee, Mr Colgan conceded that he has no recent history of riding in the Central Region on Industry days. He accepted these dates could not be included in his proposed penalty.
The Committee appreciated Mr Colgan’s honest submission regarding his recent riding history.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Ms Colgan’s admission of the breach and his very good record in relation to this rule for which he has been given credit. However, this has to be balanced against the consequences of Ms Colgan’s actions when RANGIPO shifted in shortly after jumping from the starting stalls dictating GET THAT JIVE inwards into the running line of SCRUTINIZE which was checked losing several lengths. We assess the level of carelessness to be in the low to mid – range. In our opinion the notable aggravating fact was the interference occurred in a Group 2 race worth $100,000. This fact is also documented in the JCA Penalty Guide.
Rule 920 (2) states: On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule; and/or
(d) the need to maintain integrity and public confidence in racing.
After taking into account all the above factors the Committee considers an appropriate suspension was 5 days.
It was explained to Mr Colgan prior to announcing the penalty that the 5th day of his proposed suspension was the Iconic race meeting at Wellington on 16 January which involved the Group 1 Telegraph Handicap. As a result of this Mr Colgan was asked by the Committee if he would prefer a combination of a fine and suspension to enable him to ride on this day. Mr Colgan confirmed that he would prefer a combination of a fine and suspension which would allow him to ride at Wellington. This approach is consistent with other recent penalties where the same circumstances have occurred.
penalty:
We grant Mr Colgan request to seek a deferment to his suspension as per Rule 1106(2)
Accordingly, Mr Colgan’s had his license to ride in races suspended for a period to commence after racing on 3rd January and conclude after racing on 15 January (4 days) In addition Mr Colgan was fined $1,000.
That period of suspension encompasses meetings at Whanagrei on January 5, Rotorua January 8, Auckland January 9 and Matamata January 15.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr R Neal - Co Chief Stipendiary Steward
JockeysandTrainer: Mr V Colgan - Rider of RANGIPO
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 0a35f217fc08878c09db1a26e0c69129
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b8c81fcb0653cb5ace4b3b7a2c4de78c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/01/2016
meet_title: Auckland RC - 1 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Auckland RC