Archive Decision

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Auckland RC 2 March 2013 – R 8

ID: JCA17318

Applicant:
Mr R Neal, Chief Stipendiary Steward

Respondent(s):
Mr V Colgan, rider of BELLAZEEL

Other Person:
Mr J Oatham - Stipendiary Steward

Information Number:
1387

Hearing Type:
Hearing

Rules:
638 (1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 2 March 2013

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2013/03/02

Race Number:
R8

Decision:

As the breach was admitted we find the charge proved.

Penalty:

After taking all the above into account and from a starting point of 5 days the committee finds an appropriate penalty is one of 4 days.  Accordingly and under the provision of rule 1106 (2) we impose a suspension of Mr Colgan's riding license which is to start after racing on 6 March and conclude after racing on 13 March 2013 (4 days).

Charge:

Careless Riding

Facts:

Following race 8 an information was filed pursuant to rule 638 (1) (d).  Mr Neal alleged that Mr V Colgan allowed his mount, BEELAZEEL to shift in near the 1500 metres when insufficiently clear of LADY POMPALLIER (A Calder) who was checked.

Submissions for Decision:

Mr Oatham demonstated the video films which showed BELLAZEEL racing in a 3 wide position approaching the turn going out of the straight.  The films clearly showed Mr Colgan then ease his mount and move in to a 2 wide position but in doing so move into the line of LADY POMPALLIER.  Mr Oatham submitted that Mr Colgan was only a bare length clear of Mr Calder when moving in which resulted in Mr Calder having to check.

Mr Colgan in admitting the breach had nothing further to say.

Submissions for Penalty:

Mr Neal said that Mr Colgan had made a slight error of judgement in this case but submitted his carelessness was at the low end.  He produced Mr Colgan's record which showed 3 suspensions in the last 12 months which he said was a good record for such a busy rider.  Mr Neal submitted a suspension towards the lower end would be appropriate.

Mr Colgan said he had committments up to and including 6 March.  In answer to a question from the committee he confirmed he currently only rode in the North Island.

Reasons for Penalty:

The committee carefully considered all evidence and submissions.  In mitigation Mr Colgan has a good record, he has admitted the breach and the committee independently assesses his carelessness to be at the low end.  However he was not the required distance clear of Mr Calder when moving in so this must be considered alongside the mitigating factors above.

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: f820c0950067c3eac92567a372fa85fa


informantnumber: 1387


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 19/02/2013


hearing_title: Auckland RC 2 March 2013 - R 8


charge:

Careless Riding


facts:

Following race 8 an information was filed pursuant to rule 638 (1) (d).  Mr Neal alleged that Mr V Colgan allowed his mount, BEELAZEEL to shift in near the 1500 metres when insufficiently clear of LADY POMPALLIER (A Calder) who was checked.


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham demonstated the video films which showed BELLAZEEL racing in a 3 wide position approaching the turn going out of the straight.  The films clearly showed Mr Colgan then ease his mount and move in to a 2 wide position but in doing so move into the line of LADY POMPALLIER.  Mr Oatham submitted that Mr Colgan was only a bare length clear of Mr Calder when moving in which resulted in Mr Calder having to check.

Mr Colgan in admitting the breach had nothing further to say.


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Neal said that Mr Colgan had made a slight error of judgement in this case but submitted his carelessness was at the low end.  He produced Mr Colgan's record which showed 3 suspensions in the last 12 months which he said was a good record for such a busy rider.  Mr Neal submitted a suspension towards the lower end would be appropriate.

Mr Colgan said he had committments up to and including 6 March.  In answer to a question from the committee he confirmed he currently only rode in the North Island.


reasonsforpenalty:

The committee carefully considered all evidence and submissions.  In mitigation Mr Colgan has a good record, he has admitted the breach and the committee independently assesses his carelessness to be at the low end.  However he was not the required distance clear of Mr Calder when moving in so this must be considered alongside the mitigating factors above.


penalty:

After taking all the above into account and from a starting point of 5 days the committee finds an appropriate penalty is one of 4 days.  Accordingly and under the provision of rule 1106 (2) we impose a suspension of Mr Colgan's riding license which is to start after racing on 6 March and conclude after racing on 13 March 2013 (4 days).


hearing_type: Hearing


Rules: 638 (1) (d)


Informant: Mr R Neal, Chief Stipendiary Steward


JockeysandTrainer: Mr V Colgan, rider of BELLAZEEL


Otherperson: Mr J Oatham - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d77f3bab9dcc036b3ca3ea81df8143bd


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: b967da73d8600dabb6426e137cfb59bd


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/03/2013


meet_title: Auckland RC - 2 March 2013


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "310", "Total": "192.2", "kmprice": 192.19999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC