Non Raceday Inquiry RIU v R Cuneen – Penalty Decision dated 10 January 2015
ID: JCA17070
Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT KUMARA
IN THE MATTER of the New Zealand Thoroughbred Racing Rules of Racing
IN THE MATTER of Information No. A1931
BETWEEN M R DAVIDSON, Stipendiary Steward for the Racing Integrity Unit
Informant
AND R CUNEEN, Licensed Apprentice Jockey (Class B)
Respondent
Date of Hearing: 10 January 2015
Venue: Kumara Racecourse, Kumara
Judicial Committee: R G McKenzie (Chair), - S C Ching (Committee Member)
Present: Mr M R Davidson, the Informant, Mr R Cuneen, the Respondent, Mr N F Ridley, Licensed Trainer (Class A), Mr J M McLaughlin, Stipendiary Steward (Registrar)
Date of Decision: 10 January 2015
PENALTY DECISION OF JUDICIAL COMMITTEE
The Charge
[1] Information No.A1931 alleges that in Race 2, PGG Wrightson Aon Insurance Brokers / Waterforce Handicap, at the meeting of Winton Jockey Club held at Winton on 28th November 2014, Mr Cuneen committed a breach of Rule 638 (1) (d) in that, as the rider of ARN’T I CHOICE in the race, “he allowed his mount to shift out resulting in I’M MAVERIC (D M Walsh) clipping a heel and dislodging the rider passing the 225 metres”.
[2] Mr Davidson produced a letter signed by the General Manager of the Racing Integrity Unit, Mr M R Godber, pursuant to Rule 903 (2) (d), authorising the filing of the information charging the Respondent with a breach of Rule 638 (1) (d).
[3] The information was served on the Respondent on 19th December 2014.
[4] The hearing of the information took place at the meeting of Kumara Racing Club at Kumara on Saturday, 10th January 2015.
The Rule
[5] Rule 638 of the Rules of Thoroughbred Racing provides as follows:
(3) A rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
The Plea
[6] Mr Cuneen had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach of the Rule. He confirmed this at the hearing. He was assisted at the hearing by his employer, Licensed Trainer (Class A), Mr N F Ridley.
[7] Mr Cuneen having admitted the breach, the charge of careless riding was found proved.
The Facts
[8] Mr Davidson showed video replays of the incident from a number of different angles. He pointed out ARN’T I CHOICE, ridden by Mr Cuneen, racing outside the leader as the field approached the final turn. Behind him was I’M MAVERIC, ridden by D M Walsh, and on the outside of that runner was LA GIRL, ridden by T R Moseley.
[9] Mr Davidson submitted that Mr Cuneen’s horse had “laid in”. A run was presented for I’M MAVERIC as a result. Mr Cuneen did straighten his mount but it was the Stewards’ contention that Mr Cuneen had “over straightened”, shifted out and forced Mr Walsh onto his heels.
[10] Mr Ridley said that he had spoken with jockey, T R Moseley, on the day following the race. Mr Moseley had told him that Mr Cuneen had moved out, Mr Walsh had started “poking out” so Mr Moseley had “popped him back in”. Mr Ridley referred to the video replays and submitted that it could be seen that Mr Moseley had “nudged” Mr Walsh back in.
[11] Mr Ridley disputed the allegation in the information that Mr Walsh’s mount had “clipped a heel”. Rather, it was above the hock, he submitted, which meant that Mr Walsh was in the gap. Mr Ridley stated that it was admitted that Mr Cuneen had moved, perhaps “half a space” too much, but submitted that two horses had caused I’M MAVERIC to fall. If Mr Moseley had remained where he was, Mr Walsh’s mount would not have fallen, Mr Ridley submitted, as it would have already been in the gap.
[12] In response, Mr Davidson said that it was agreed that Mr Moseley had “ridden tight” but he did not concede that Mr Moseley had moved any, if at all, and was entitled to ride as he had. It was conjecture to speculate what might have happened otherwise
Penalty Submissions
[13] Mr Davidson produced to the Committee a schedule of penalties in seven careless riding cases since January 2013 which had resulted in falls. Penalties ranged between 2 weeks (8 days) and 4 weeks. He pointed out that all were North Island cases.
[14] An aggravating factor in this case was that Mr Walsh had missed 5 meetings as a result of his injuries sustained in the fall, Mr Davidson said. However, I’M MAVERIC suffered no injuries.
[15] Mr Davidson submitted that Mr Cuneen’s movement was minimal but the consequences were significant, a rider had been dislodged.
[16] Mr Davidson also produced a printout of Mr Cuneen’s riding record. Mr Cuneen had two careless riding suspensions on his record – a 2 days’ suspension and a fine of $200 at Otago on 28 July 2014 and a 3 days’ suspension at South Canterbury on 10 October 2014. He has had 127 rides since the latter suspension. He is one of the South Island’s leading apprentices and is riding very well, Mr Davidson said. He was well sought after and has 7 rides at the Kumara meeting.
[17] Mr Davidson submitted that an appropriate penalty was a suspension of 2½ to 3 weeks, which would take in approximately 5 South Island riding days.
[18] Mr Cuneen indicated that he sought a 7 days’ deferment of the term of any suspension, as he had riding engagements at Hokitika on 14th January and at Gore on 17th January. Mr Cuneen is purely a South Island rider, Mr Ridley said.
[19] In the presence of the parties, the Committee looked at upcoming South Island race meetings.
Reasons for Penalty
[20] In determining penalty, the Committee had regard to the starting point of a 5 days’ suspension as provided in the Penalty Guide. Aggravating factors in this case are that Mr Cuneen’s carelessness had resulted in another rider being dislodged. Fortunately, neither horse nor rider was badly injured, although we note that Mr Walsh missed 5 meetings because of his injuries sustained in the fall. Another aggravating factor was Mr Cuneen’s riding record – two previous suspensions since 28th July 2014 – although the Committee did note that he has had 127 rides since his last suspension.
[21] The aggravating factors referred to warrant an increase in the starting point for penalty for this breach from 5 to 7 days.
[22] The principal mitigating factor in this case is Mr Cuneen’s admission of the breach. We have also given consideration to Mr Ridley’s submission that Mr Moseley had contributed to the fall of I’M MAVERIC. Any inwards movement by Mr Moseley was, in the Committee’s view, very minimal to say the least, so any contribution by him to the fall was also minimal. The Committee believes that Mr Moseley was doing no more than riding competitively in holding his line, as he was entitled to do, to prevent Mr Walsh having a full gap.
[23] Mr Cuneen’s admission of the breach warrants a reduction of 1 day in the starting point to 6 days. From the point reached of 6 days, the Committee is able to give Mr Cuneen a further 1 day’s reduction for being a South Island rider.
[24] The Committee grants Mr Cuneen’s request of a 7 days’ deferment of the suspension.
Penalty
[25] Mr Cuneen’s Apprentice Jockey’s licence is suspended from after the close of racing on Saturday, 17th January 2015 up to and including Wednesday, 4th February 2015 (2½ weeks) - effectively, 5 riding days. The race meetings intended to be encompassed by the term of suspension are as follows:
Gore R C on 22nd January
Canterbury Racing on 24th January
Ashburton R C on 28th January 2015
Otago R C on 31st January
Southland R C on 4th February
R G McKenzie S C Ching
(Chair) (Committee Member)
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 13/01/2015
Publish Date: 13/01/2015
JCA Decision Fields (raw)
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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.
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decisiondate: 13/01/2015
hearing_title: Non Raceday Inquiry RIU v R Cuneen - Penalty Decision dated 10 January 2015
charge:
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT KUMARA
IN THE MATTER of the New Zealand Thoroughbred Racing Rules of Racing
IN THE MATTER of Information No. A1931
BETWEEN M R DAVIDSON, Stipendiary Steward for the Racing Integrity Unit
Informant
AND R CUNEEN, Licensed Apprentice Jockey (Class B)
Respondent
Date of Hearing: 10 January 2015
Venue: Kumara Racecourse, Kumara
Judicial Committee: R G McKenzie (Chair), - S C Ching (Committee Member)
Present: Mr M R Davidson, the Informant, Mr R Cuneen, the Respondent, Mr N F Ridley, Licensed Trainer (Class A), Mr J M McLaughlin, Stipendiary Steward (Registrar)
Date of Decision: 10 January 2015
PENALTY DECISION OF JUDICIAL COMMITTEE
The Charge
[1] Information No.A1931 alleges that in Race 2, PGG Wrightson Aon Insurance Brokers / Waterforce Handicap, at the meeting of Winton Jockey Club held at Winton on 28th November 2014, Mr Cuneen committed a breach of Rule 638 (1) (d) in that, as the rider of ARN’T I CHOICE in the race, “he allowed his mount to shift out resulting in I’M MAVERIC (D M Walsh) clipping a heel and dislodging the rider passing the 225 metres”.
[2] Mr Davidson produced a letter signed by the General Manager of the Racing Integrity Unit, Mr M R Godber, pursuant to Rule 903 (2) (d), authorising the filing of the information charging the Respondent with a breach of Rule 638 (1) (d).
[3] The information was served on the Respondent on 19th December 2014.
[4] The hearing of the information took place at the meeting of Kumara Racing Club at Kumara on Saturday, 10th January 2015.
The Rule
[5] Rule 638 of the Rules of Thoroughbred Racing provides as follows:
(3) A rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
The Plea
[6] Mr Cuneen had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach of the Rule. He confirmed this at the hearing. He was assisted at the hearing by his employer, Licensed Trainer (Class A), Mr N F Ridley.
[7] Mr Cuneen having admitted the breach, the charge of careless riding was found proved.
The Facts
[8] Mr Davidson showed video replays of the incident from a number of different angles. He pointed out ARN’T I CHOICE, ridden by Mr Cuneen, racing outside the leader as the field approached the final turn. Behind him was I’M MAVERIC, ridden by D M Walsh, and on the outside of that runner was LA GIRL, ridden by T R Moseley.
[9] Mr Davidson submitted that Mr Cuneen’s horse had “laid in”. A run was presented for I’M MAVERIC as a result. Mr Cuneen did straighten his mount but it was the Stewards’ contention that Mr Cuneen had “over straightened”, shifted out and forced Mr Walsh onto his heels.
[10] Mr Ridley said that he had spoken with jockey, T R Moseley, on the day following the race. Mr Moseley had told him that Mr Cuneen had moved out, Mr Walsh had started “poking out” so Mr Moseley had “popped him back in”. Mr Ridley referred to the video replays and submitted that it could be seen that Mr Moseley had “nudged” Mr Walsh back in.
[11] Mr Ridley disputed the allegation in the information that Mr Walsh’s mount had “clipped a heel”. Rather, it was above the hock, he submitted, which meant that Mr Walsh was in the gap. Mr Ridley stated that it was admitted that Mr Cuneen had moved, perhaps “half a space” too much, but submitted that two horses had caused I’M MAVERIC to fall. If Mr Moseley had remained where he was, Mr Walsh’s mount would not have fallen, Mr Ridley submitted, as it would have already been in the gap.
[12] In response, Mr Davidson said that it was agreed that Mr Moseley had “ridden tight” but he did not concede that Mr Moseley had moved any, if at all, and was entitled to ride as he had. It was conjecture to speculate what might have happened otherwise
Penalty Submissions
[13] Mr Davidson produced to the Committee a schedule of penalties in seven careless riding cases since January 2013 which had resulted in falls. Penalties ranged between 2 weeks (8 days) and 4 weeks. He pointed out that all were North Island cases.
[14] An aggravating factor in this case was that Mr Walsh had missed 5 meetings as a result of his injuries sustained in the fall, Mr Davidson said. However, I’M MAVERIC suffered no injuries.
[15] Mr Davidson submitted that Mr Cuneen’s movement was minimal but the consequences were significant, a rider had been dislodged.
[16] Mr Davidson also produced a printout of Mr Cuneen’s riding record. Mr Cuneen had two careless riding suspensions on his record – a 2 days’ suspension and a fine of $200 at Otago on 28 July 2014 and a 3 days’ suspension at South Canterbury on 10 October 2014. He has had 127 rides since the latter suspension. He is one of the South Island’s leading apprentices and is riding very well, Mr Davidson said. He was well sought after and has 7 rides at the Kumara meeting.
[17] Mr Davidson submitted that an appropriate penalty was a suspension of 2½ to 3 weeks, which would take in approximately 5 South Island riding days.
[18] Mr Cuneen indicated that he sought a 7 days’ deferment of the term of any suspension, as he had riding engagements at Hokitika on 14th January and at Gore on 17th January. Mr Cuneen is purely a South Island rider, Mr Ridley said.
[19] In the presence of the parties, the Committee looked at upcoming South Island race meetings.
Reasons for Penalty
[20] In determining penalty, the Committee had regard to the starting point of a 5 days’ suspension as provided in the Penalty Guide. Aggravating factors in this case are that Mr Cuneen’s carelessness had resulted in another rider being dislodged. Fortunately, neither horse nor rider was badly injured, although we note that Mr Walsh missed 5 meetings because of his injuries sustained in the fall. Another aggravating factor was Mr Cuneen’s riding record – two previous suspensions since 28th July 2014 – although the Committee did note that he has had 127 rides since his last suspension.
[21] The aggravating factors referred to warrant an increase in the starting point for penalty for this breach from 5 to 7 days.
[22] The principal mitigating factor in this case is Mr Cuneen’s admission of the breach. We have also given consideration to Mr Ridley’s submission that Mr Moseley had contributed to the fall of I’M MAVERIC. Any inwards movement by Mr Moseley was, in the Committee’s view, very minimal to say the least, so any contribution by him to the fall was also minimal. The Committee believes that Mr Moseley was doing no more than riding competitively in holding his line, as he was entitled to do, to prevent Mr Walsh having a full gap.
[23] Mr Cuneen’s admission of the breach warrants a reduction of 1 day in the starting point to 6 days. From the point reached of 6 days, the Committee is able to give Mr Cuneen a further 1 day’s reduction for being a South Island rider.
[24] The Committee grants Mr Cuneen’s request of a 7 days’ deferment of the suspension.
Penalty
[25] Mr Cuneen’s Apprentice Jockey’s licence is suspended from after the close of racing on Saturday, 17th January 2015 up to and including Wednesday, 4th February 2015 (2½ weeks) - effectively, 5 riding days. The race meetings intended to be encompassed by the term of suspension are as follows:
Gore R C on 22nd January
Canterbury Racing on 24th January
Ashburton R C on 28th January 2015
Otago R C on 31st January
Southland R C on 4th February
R G McKenzie S C Ching
(Chair) (Committee Member)
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