Canterbury JC 4 August 2012 – R 8
ID: JCA17268
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 4 August 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2012/08/04
Race Number:
R8
Decision:
The charge of careless riding was found proved.
Penalty:
Mr Hutchings’ apprentice jockey’s licence is suspended from after the conclusion of racing on Saturday, 11 August 2012 up to and including Friday, 17 August 2012 – effectively, 4 riding days. The 4 days are intended to be the meetings at Matamata on 13 August, Te Awamutu on 15 August, Hawera on 16 August and Dunedin on 17 August.
Charge:
Careless Riding.
Facts:
Following the running of Race 8, Estaronline 115th Winter Cup, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey, Mr R Hutchings, alleging a breach of Rule 638 (1) (d) in that Mr Hutchings, as the rider of I AM SAM in the race, “allowed his mount to shift in when not clear of KHEMOSABI (J Parkes) causing that runner to shift out abruptly forcing PINZEE (R Myers) out on to COMANCHE GOLD (L M Robinson) who had to check passing the 1100 metres”.
Mr Hutchings was present at the hearing of the information and he indicated that he did not admit the breach. Mr Hutchings was assisted at the hearing by Mr M R Pitman, Licensed Trainer (Class A).
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
Submissions for Decision:
Mr Oatham had Mr J M McLaughlin, Stipendiary Steward, show head-on and side-on video replays of the relevant part of the race, approximately 500 metres after the start of the 1600 metres race. He pointed out Mr Hutchings, riding I AM SAM, racing 3-wide and going forward to lead. He then pointed out Mr Hutchings cross the leader KHEMOSABI (J Parkes) when, at no stage, was he the required own length and another length clear of KHEMOSABI, Mr McLaughlin submitted. That runner moved out and COMANCHE GOLD received a check, when PINZEE was forced out onto it, he said. Mr Parkes had to take a hold of his horse and shift out around heels. Miss Myers and Mr Robinson were affected as a consequence, Mr McLaughlin said.
Mr L M Robinson, rider of COMANCHE GOLD, said that he had received interference near the 1100 metres. He said that he had come across from a wide draw (15) and was travelling comfortably. He had received pressure from the horse on his inside (PINZEE) which had come out and given his mount “quite a bump” and “knocked it off stride”. He had lost his balance in the heavy ground, Mr Robinson said. Mr Robinson stated, in response to a question from the Committee, that he was not aware at the time of the reason for the outward movement of PINZEE. Finally, Mr Robinson said that the heels of PINZEE had gone under his mount’s neck and he had to correct his mount to get off its heels. Had he not done that, he would have been in trouble, he said.
Miss Myers, rider of PINZEE, said that as a result of Mr Parkes coming out her line was dictated. She received “slight interference” and had to take “a bit of a hold” as a result of KHEMOSABI shifting out. PINZEE was racing “all right” at the time, she said. In response to a question from the Committee, Miss Myers said that she could see what was happening. She said she could see that KHEMOSABI was “overracing a little bit” and that I AM SAM was going to cross him. As a result, Mr Parkes had had to ease out and come outside the heels of I AM SAM, she said.
Mr Parkes said that he “was shortened a little bit” near the 1100 metres. He said that his mount had “bounced out” and gone to the lead. He was aware that Mr Hutchings wanted to lead so he was taking a hold. When Mr Hutchings came across, Mr Parkes said that he was put in “a bit of an awkward spot” and he was forced to ease off heels and come out to race outside the leader. Mr Hutchings was only one length in front of him when he shifted across, Mr Parkes said. He had no other choice but to shift out, he said. KHEMOSABI was racing “hard on the bridle”, he said.
Mr Hutchings said that he had come across, intending to go to the lead. He submitted that Mr Parkes had taken a hold long before he had crossed him – at least 100 metres before. Mr Parkes’ horse was racing “ungenerously” and was attempting to race up inside him. He had looked and believed that he was clear. He submitted that he had not forced Mr Parkes to shift ground but, rather, Mr Parkes had done so as a result of his horse racing strongly and wishing to avoid running up the back of him. The interference to PINZEE and COMANCHE GOLD was the result of Mr Parkes’ choosing to shift out. Mr Hutchings said that he had been going away when he crossed and, further, he submitted that PINZEE was racing ungenerously. COMANCHE GOLD had also been coming across quite quickly, he said.
Mr Hutchings was shown the video replays and asked by the Committee whether he considered that he was his own length and another length clear when he crossed KHEMOSABI. He said that he was probably 1¼ lengths clear, but he said that he was going away.
Mr Pitman, on Mr Hutching’s behalf, said that it was common for one horse to cross another while not its own length and another length clear. He submitted that Mr Parkes was electing to come out prior to Mr Hutchings’ crossing him. He readily acknowledged that Mr Hutchings was not his own length and another clear but Mr Parkes had committed to coming out well before he was crossed. Had KHEMOSABI not been overracing, Mr Parkes would have been able to ease it back.
Mr Oatham submitted, in summation, that regardless of what Mr Parkes’ intentions were he was entitled to be left the proper clearance. Some riders cut that margin a bit fine, but do so at their own risk, Mr Oatham said. A horse that is overracing needs that clearance – Mr Hutchings was barely a length clear, he said. The video showed Mr Parkes having to take quite a severe hold, while still on the heels of Mr Hutchings, and have to come out quite abruptly, Mr Oatham said. Mr Hutching had put himself at risk when he cut down that margin. The consequences were that KHEMOSABI had to shift out abruptly, taking PINZEE out and putting Mr Robinson, on COMANCHE GOLD, in “quite a difficult position”. He had to restrain his mount off the heels of PINZEE “quite forcefully”. Had he clipped a heel and fallen, there would have been a much more serious incident. Finally, Mr Oatham submitted that the evidence of the other three riders involved supported the video evidence.
Reasons for Decision:
Rule 642 provides as follows:
(2) For the purposes of Rule 637 and 642:
(b) “interference” is defined as:
(i) a horse crossing another horse without being its own length and one other clear length in front of such other runner at the time of crossing.
The Committee accepts that that definition is commonly used by Judicial Committees and Appeal Tribunals in considering whether a particular piece of riding amounts to careless riding. We believe that the Rule is well-known to jockeys and to ride in contravention of that Rule, prima facie, amounts to careless riding.
In this particular case, the evidence of both Mr McLaughlin and Mr Parkes was clear. Mr McLaughlin said that, at no stage, was Mr Hutchings’ mount its own length and another length clear. Mr Parkes said that Mr Hutchings was one length in front of him when he shifted across. Miss Myers said that she observed that Mr Parkes had to ease out and come outside the heels of I AM SAM. For himself, Mr Hutchings submitted that he was probably 1¼ lengths clear – not his own length and one other clear length. Finally, Mr Pitman, assisting Mr Hutchings, accepted that Mr Hutchings was not the required margin clear.
The Committee was satisfied that it was quite clear from the oral evidence and also from the video evidence shown to the hearing that Mr Hutchings, on his mount I AM SAM, has crossed KHEMOSABI, ridden by Mr Parkes, when plainly not his own length and another length clear.
This has resulted in Mr Parkes on KHEMOSABI having to take a hold of his mount and ease it out off the heels of I AM SAM and, in doing so, he has forced PINZEE out onto COMANCHE GOLD. Mr Parkes said that he was forced to ease off the heels of I AM SAM. Mr Robinson gave evidence that his mount received “quite a bump” and was “knocked off stride”. This could be clearly seen on the head-on video replay.
Mr Hutchings and Mr Pitman submitted that KHEMOSABI had been overracing and that Mr Parkes had been looking to ease and come out prior to being crossed by I AM SAM. Both submitted that, had KHEMOSABI not been overracing, Mr Parkes would have been able to ease without incident. The Committee is of the view that a reasonable and prudent rider would have considered and taken into account that KHEMOSABI was overracing when electing to cross that horse.
The Committee was satisfied that, in crossing when insufficiently clear and causing a check to KHEMOSABI with consequential interference to PINZEE and COMANCHE GOLD, Mr Hutchings had ridden carelessly.
Submissions for Penalty:
Mr Oatham informed the Committee that Mr Hutchings had incurred three suspensions in the past 12 months – in December 2012 (4 days), April 2012 (5 days) and May 2012 (4 days). He is in his first full season of riding and has been a very successful apprentice rider. He rides frequently in most districts. Mr Oatham described his record as “reasonable”. Mr Oatham submitted that a mitigating factor was the racing manners of KHEMOSABI. He submitted that the breach was at the lower end of the scale and submitted that a suspension reflecting that was appropriate.
Mr Hutchings sought a deferment of any suspension to enable him to complete riding engagements on the 2nd and 3rd days of the carnival. Mr Oatham read out to the hearing the next five race dates after 11 August. Mr Hutchings confirmed that he would be likely to ride at all of those meetings. Mr Oatham made no objection to the deferment sought by Mr Hutchings. Mr Hutchings declined to make any further submissions in relation to penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard, as a mitigating factor, to the racing manners of KHEMOSABI. The Committee also agreed with Mr Oatham’s submission that the breach was at the lower end of a scale of seriousness. An aggravating factor was Mr Hutchings’ record – 3 previous suspensions for careless riding since December 2012 including 2 in the last 4 months – which the Committee assessed as being only fair. The Committee also took into account, pursuant to Rule 920 (2) (a) and (b), the status of the race (a Group 3 race) and the stake payable ($100,000).
The Committee took a starting point of 5 riding days’ suspension. It was appropriate to add a further day for the aggravating factors referred to but the Committee allowed a 2 days’ discount for the mitigating factors referred to.
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: f248d917012dbedb93562196a7907124
informantnumber: A5364
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 24/07/2012
hearing_title: Canterbury JC 4 August 2012 - R 8
charge:
Careless Riding.
facts:
Following the running of Race 8, Estaronline 115th Winter Cup, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey, Mr R Hutchings, alleging a breach of Rule 638 (1) (d) in that Mr Hutchings, as the rider of I AM SAM in the race, “allowed his mount to shift in when not clear of KHEMOSABI (J Parkes) causing that runner to shift out abruptly forcing PINZEE (R Myers) out on to COMANCHE GOLD (L M Robinson) who had to check passing the 1100 metres”.
Mr Hutchings was present at the hearing of the information and he indicated that he did not admit the breach. Mr Hutchings was assisted at the hearing by Mr M R Pitman, Licensed Trainer (Class A).
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham had Mr J M McLaughlin, Stipendiary Steward, show head-on and side-on video replays of the relevant part of the race, approximately 500 metres after the start of the 1600 metres race. He pointed out Mr Hutchings, riding I AM SAM, racing 3-wide and going forward to lead. He then pointed out Mr Hutchings cross the leader KHEMOSABI (J Parkes) when, at no stage, was he the required own length and another length clear of KHEMOSABI, Mr McLaughlin submitted. That runner moved out and COMANCHE GOLD received a check, when PINZEE was forced out onto it, he said. Mr Parkes had to take a hold of his horse and shift out around heels. Miss Myers and Mr Robinson were affected as a consequence, Mr McLaughlin said.
Mr L M Robinson, rider of COMANCHE GOLD, said that he had received interference near the 1100 metres. He said that he had come across from a wide draw (15) and was travelling comfortably. He had received pressure from the horse on his inside (PINZEE) which had come out and given his mount “quite a bump” and “knocked it off stride”. He had lost his balance in the heavy ground, Mr Robinson said. Mr Robinson stated, in response to a question from the Committee, that he was not aware at the time of the reason for the outward movement of PINZEE. Finally, Mr Robinson said that the heels of PINZEE had gone under his mount’s neck and he had to correct his mount to get off its heels. Had he not done that, he would have been in trouble, he said.
Miss Myers, rider of PINZEE, said that as a result of Mr Parkes coming out her line was dictated. She received “slight interference” and had to take “a bit of a hold” as a result of KHEMOSABI shifting out. PINZEE was racing “all right” at the time, she said. In response to a question from the Committee, Miss Myers said that she could see what was happening. She said she could see that KHEMOSABI was “overracing a little bit” and that I AM SAM was going to cross him. As a result, Mr Parkes had had to ease out and come outside the heels of I AM SAM, she said.
Mr Parkes said that he “was shortened a little bit” near the 1100 metres. He said that his mount had “bounced out” and gone to the lead. He was aware that Mr Hutchings wanted to lead so he was taking a hold. When Mr Hutchings came across, Mr Parkes said that he was put in “a bit of an awkward spot” and he was forced to ease off heels and come out to race outside the leader. Mr Hutchings was only one length in front of him when he shifted across, Mr Parkes said. He had no other choice but to shift out, he said. KHEMOSABI was racing “hard on the bridle”, he said.
Mr Hutchings said that he had come across, intending to go to the lead. He submitted that Mr Parkes had taken a hold long before he had crossed him – at least 100 metres before. Mr Parkes’ horse was racing “ungenerously” and was attempting to race up inside him. He had looked and believed that he was clear. He submitted that he had not forced Mr Parkes to shift ground but, rather, Mr Parkes had done so as a result of his horse racing strongly and wishing to avoid running up the back of him. The interference to PINZEE and COMANCHE GOLD was the result of Mr Parkes’ choosing to shift out. Mr Hutchings said that he had been going away when he crossed and, further, he submitted that PINZEE was racing ungenerously. COMANCHE GOLD had also been coming across quite quickly, he said.
Mr Hutchings was shown the video replays and asked by the Committee whether he considered that he was his own length and another length clear when he crossed KHEMOSABI. He said that he was probably 1¼ lengths clear, but he said that he was going away.
Mr Pitman, on Mr Hutching’s behalf, said that it was common for one horse to cross another while not its own length and another length clear. He submitted that Mr Parkes was electing to come out prior to Mr Hutchings’ crossing him. He readily acknowledged that Mr Hutchings was not his own length and another clear but Mr Parkes had committed to coming out well before he was crossed. Had KHEMOSABI not been overracing, Mr Parkes would have been able to ease it back.
Mr Oatham submitted, in summation, that regardless of what Mr Parkes’ intentions were he was entitled to be left the proper clearance. Some riders cut that margin a bit fine, but do so at their own risk, Mr Oatham said. A horse that is overracing needs that clearance – Mr Hutchings was barely a length clear, he said. The video showed Mr Parkes having to take quite a severe hold, while still on the heels of Mr Hutchings, and have to come out quite abruptly, Mr Oatham said. Mr Hutching had put himself at risk when he cut down that margin. The consequences were that KHEMOSABI had to shift out abruptly, taking PINZEE out and putting Mr Robinson, on COMANCHE GOLD, in “quite a difficult position”. He had to restrain his mount off the heels of PINZEE “quite forcefully”. Had he clipped a heel and fallen, there would have been a much more serious incident. Finally, Mr Oatham submitted that the evidence of the other three riders involved supported the video evidence.
reasonsfordecision:
Rule 642 provides as follows:
(2) For the purposes of Rule 637 and 642:
(b) “interference” is defined as:
(i) a horse crossing another horse without being its own length and one other clear length in front of such other runner at the time of crossing.
The Committee accepts that that definition is commonly used by Judicial Committees and Appeal Tribunals in considering whether a particular piece of riding amounts to careless riding. We believe that the Rule is well-known to jockeys and to ride in contravention of that Rule, prima facie, amounts to careless riding.
In this particular case, the evidence of both Mr McLaughlin and Mr Parkes was clear. Mr McLaughlin said that, at no stage, was Mr Hutchings’ mount its own length and another length clear. Mr Parkes said that Mr Hutchings was one length in front of him when he shifted across. Miss Myers said that she observed that Mr Parkes had to ease out and come outside the heels of I AM SAM. For himself, Mr Hutchings submitted that he was probably 1¼ lengths clear – not his own length and one other clear length. Finally, Mr Pitman, assisting Mr Hutchings, accepted that Mr Hutchings was not the required margin clear.
The Committee was satisfied that it was quite clear from the oral evidence and also from the video evidence shown to the hearing that Mr Hutchings, on his mount I AM SAM, has crossed KHEMOSABI, ridden by Mr Parkes, when plainly not his own length and another length clear.
This has resulted in Mr Parkes on KHEMOSABI having to take a hold of his mount and ease it out off the heels of I AM SAM and, in doing so, he has forced PINZEE out onto COMANCHE GOLD. Mr Parkes said that he was forced to ease off the heels of I AM SAM. Mr Robinson gave evidence that his mount received “quite a bump” and was “knocked off stride”. This could be clearly seen on the head-on video replay.
Mr Hutchings and Mr Pitman submitted that KHEMOSABI had been overracing and that Mr Parkes had been looking to ease and come out prior to being crossed by I AM SAM. Both submitted that, had KHEMOSABI not been overracing, Mr Parkes would have been able to ease without incident. The Committee is of the view that a reasonable and prudent rider would have considered and taken into account that KHEMOSABI was overracing when electing to cross that horse.
The Committee was satisfied that, in crossing when insufficiently clear and causing a check to KHEMOSABI with consequential interference to PINZEE and COMANCHE GOLD, Mr Hutchings had ridden carelessly.
Decision:
The charge of careless riding was found proved.
sumissionsforpenalty:
Mr Oatham informed the Committee that Mr Hutchings had incurred three suspensions in the past 12 months – in December 2012 (4 days), April 2012 (5 days) and May 2012 (4 days). He is in his first full season of riding and has been a very successful apprentice rider. He rides frequently in most districts. Mr Oatham described his record as “reasonable”. Mr Oatham submitted that a mitigating factor was the racing manners of KHEMOSABI. He submitted that the breach was at the lower end of the scale and submitted that a suspension reflecting that was appropriate.
Mr Hutchings sought a deferment of any suspension to enable him to complete riding engagements on the 2nd and 3rd days of the carnival. Mr Oatham read out to the hearing the next five race dates after 11 August. Mr Hutchings confirmed that he would be likely to ride at all of those meetings. Mr Oatham made no objection to the deferment sought by Mr Hutchings. Mr Hutchings declined to make any further submissions in relation to penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard, as a mitigating factor, to the racing manners of KHEMOSABI. The Committee also agreed with Mr Oatham’s submission that the breach was at the lower end of a scale of seriousness. An aggravating factor was Mr Hutchings’ record – 3 previous suspensions for careless riding since December 2012 including 2 in the last 4 months – which the Committee assessed as being only fair. The Committee also took into account, pursuant to Rule 920 (2) (a) and (b), the status of the race (a Group 3 race) and the stake payable ($100,000).
The Committee took a starting point of 5 riding days’ suspension. It was appropriate to add a further day for the aggravating factors referred to but the Committee allowed a 2 days’ discount for the mitigating factors referred to.
penalty:
Mr Hutchings’ apprentice jockey’s licence is suspended from after the conclusion of racing on Saturday, 11 August 2012 up to and including Friday, 17 August 2012 – effectively, 4 riding days. The 4 days are intended to be the meetings at Matamata on 13 August, Te Awamutu on 15 August, Hawera on 16 August and Dunedin on 17 August.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J P Oatham, Stipendiary Steward
JockeysandTrainer: R Hutchings, Licensed Apprentice Jockey
Otherperson: M R Pitman, Licensed Trainer (Class A), J M McLaughlin - Stipendiary Steward, L M Robinson - Rider of COMANCHE GOLD, R Myers - Rider of PINZEE, J Parkes - Rider of KHEMOSABI
PersonPresent:
Respondent:
StipendSteward:
raceid: ffe0b79cdc3a730114915c2a222cd233
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 94c2908471339fb219bf34d11c939922
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/08/2012
meet_title: Canterbury Racing - 4 August 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: Canterbury Racing