Archive Decision

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Canterbury JC 10 August 2011 – R 5

ID: JCA17083

Applicant:
A Ray - Stipendiary Steward

Respondent(s):
R Hurdle - Apprentice Jockey, D Hutton - Licensed Trainer

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
69504

Hearing Type:
Hearing

Rules:
Rule 638(1)(d), A Rider shall not ride a horse in a manner which the Judicial Committee considers to be, (d) Careless

Plea:
denied

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 10 August 2011

Meet Chair:
KHales

Meet Committee Member 1:
JPhelan

Race Date:
2011/08/10

Race Number:
R5

Decision:

The charge of careless riding against Mr Hurdle is dismissed.

Charge:

It was alleged that Mr Hurdle committed a breach of Rule 638(1)(d) in that he allowed his mount to "Quantum Kate" to shift out when not clear dictating "Marshall Dillon" (L Whelan) out onto "Welshtown" (CW Johnson) who was checked passing the 150 metres.

Facts:

Mr Ray requested Mr M Davidson (Stipendiary Steward) to demonstrate the incident with the assistance of the video coverage, from the head-on and side-on cameras. He pointed out how Mr Hurdle received a check from "Avid Ruler"  (KC Walters) and then turned outwards, and in the process "shifting his troubles" on to "Marshall Dillon" (L Whelan)  which in turn caused a check to "Welshtown" (CW Johnson).

Mr Ray then called Ms Whelan to give evidence. She said that her horse was in behind Mr Hurdle's mount, when he received the check from "Avid Ruler". As a consequence Mr Hurdle moved outwards and in the process took "Marshall Dillon" out into the path of other horses. Ms Whelan said that her mount had improved on the outside of Mr Hurdle's horse. When Mr Hurdle began his outward movement, she shouted out but to no avail. She had to keep going outwards in order to take eveasive action.

In response, Mr Hurdle said that his outward movement was all part of controlling the check that he received from Mr Walters. He said that he had to get clear of Mr Walters heels, and that to all intents and purposes, he had nowhere else to go. He said that his horse "dived" outwards, and that he could not stop it. He pointed out that he still had both hands on the reins at the time.

Submissions for Decision:

In summing up, Mr Ray submitted that Mr Hurdle, after receiving the check, elected to move out in search of clear running, but in the process took Ms Whelan out, she having improved on his outside. He submitted that was careless riding.

Mr Hutton (assisting Mr Hurdle) submitted that it was "horse" error rather than careless riding as he said that it appeared that "Quantum Kate" had caused the interference to "Marshall Dillon".

Reasons for Decision:

We have considered the evidence carefullly. After Mr Hurdle's mount received the check from Mr Walters' horse, it moved outwards suddenly. We accept Mr Hurdle's evidence that his immediate focus was keeping off the heels of "Avid Ruler", and that he had nowhere else to go. His mount did move suddenly. We also find that that at this time that Mr Hurdle had both hands on the reins, and had not abandoned concentration on others horses in order to improve further.

The incident in our opinion was one of the unfortunate incidents which can occur in a race - but the incident was not enough to satisfy us that Mr Hurdle rode carelessly.

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: ca95980ba0bc75df1dfbdd4ef9448ffb


informantnumber: 69504


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 0


decisiondate: 05/08/2011


hearing_title: Canterbury JC 10 August 2011 - R 5


charge:

It was alleged that Mr Hurdle committed a breach of Rule 638(1)(d) in that he allowed his mount to "Quantum Kate" to shift out when not clear dictating "Marshall Dillon" (L Whelan) out onto "Welshtown" (CW Johnson) who was checked passing the 150 metres.


facts:

Mr Ray requested Mr M Davidson (Stipendiary Steward) to demonstrate the incident with the assistance of the video coverage, from the head-on and side-on cameras. He pointed out how Mr Hurdle received a check from "Avid Ruler"  (KC Walters) and then turned outwards, and in the process "shifting his troubles" on to "Marshall Dillon" (L Whelan)  which in turn caused a check to "Welshtown" (CW Johnson).

Mr Ray then called Ms Whelan to give evidence. She said that her horse was in behind Mr Hurdle's mount, when he received the check from "Avid Ruler". As a consequence Mr Hurdle moved outwards and in the process took "Marshall Dillon" out into the path of other horses. Ms Whelan said that her mount had improved on the outside of Mr Hurdle's horse. When Mr Hurdle began his outward movement, she shouted out but to no avail. She had to keep going outwards in order to take eveasive action.

In response, Mr Hurdle said that his outward movement was all part of controlling the check that he received from Mr Walters. He said that he had to get clear of Mr Walters heels, and that to all intents and purposes, he had nowhere else to go. He said that his horse "dived" outwards, and that he could not stop it. He pointed out that he still had both hands on the reins at the time.


appealdecision:


isappeal:


submissionsfordecision:

In summing up, Mr Ray submitted that Mr Hurdle, after receiving the check, elected to move out in search of clear running, but in the process took Ms Whelan out, she having improved on his outside. He submitted that was careless riding.

Mr Hutton (assisting Mr Hurdle) submitted that it was "horse" error rather than careless riding as he said that it appeared that "Quantum Kate" had caused the interference to "Marshall Dillon".


reasonsfordecision:

We have considered the evidence carefullly. After Mr Hurdle's mount received the check from Mr Walters' horse, it moved outwards suddenly. We accept Mr Hurdle's evidence that his immediate focus was keeping off the heels of "Avid Ruler", and that he had nowhere else to go. His mount did move suddenly. We also find that that at this time that Mr Hurdle had both hands on the reins, and had not abandoned concentration on others horses in order to improve further.

The incident in our opinion was one of the unfortunate incidents which can occur in a race - but the incident was not enough to satisfy us that Mr Hurdle rode carelessly.


Decision:

The charge of careless riding against Mr Hurdle is dismissed.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Hearing


Rules: Rule 638(1)(d), A Rider shall not ride a horse in a manner which the Judicial Committee considers to be, (d) Careless


Informant: A Ray - Stipendiary Steward


JockeysandTrainer: R Hurdle - Apprentice Jockey, D Hutton - Licensed Trainer


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: dc0ab89129be47f4c80074c010582b38


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: 6106001ac256f9fb63ac6cca8d2df8f8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/08/2011


meet_title: Canterbury Racing - 10 August 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: JPhelan


meet_pm2: none


name: Canterbury Racing