Auckland RC 4 March 2017 – R 4 – Chair, Mr N McCutcheon
ID: JCA17399
Code:
Thoroughbred
Meet Title:
Auckland RC - 4 March 2017
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
ADooley
Race Date:
2017/03/04
Race Number:
R 4
Decision:
The charge of careless riding was proved.
Penalty:
The committee granted Mr Elliot’s request to seek a deferment to his suspension as per Rule 1106(2).
Mr Elliot’s Apprentice Jockeys Licence was suspended from the end of racing on 11 March 2017 up to and including racing on 23 March 2017.
The days being:
15 March Matamata
17 March Te Aroha
18 March Hamilton/Wellington (Premier)
22 March Pukekohe
23 March Waipukurau
The committee noted that one of the days (Wellington 18 March) was a Premier day.
16 March 2017 at Christchurch was not included as Mr Elliot did not have any history of riding at industry days at the Canterbury Jockey Club.
Facts:
Following the running of Race 4 (Colgate Optic White 1400) Information No.A8678 was filed with the Judicial Committee. It was alleged by Mr Oatham that near the 250m R Elliot (HIFLYER) permitted his mount to shift out when not sufficiently clear causing interference to TRIACTION (C Grylls), WILLS ROAD (D Johnson) and ROYAL SUCCESS (O Bosson).
Rule 638(1)(d) provides:
A rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless;
Mr Rogerson on behalf of Mr Elliot said that they understood the Rule and confirmed that the charge was denied.
As the charge was not admitted the matter was proceeded with as a defended hearing.
Submissions for Decision:
Mr Coles showed all film replays and identified the four horses involved as HIFLYER, TRIACTION, WILLS ROAD and ROYAL SUCCESS.
Mr Coles said approaching the 350m there was not a clear run for Mr Elliot who angled out for a gap, but at that point he said the Stewards did not have an issue. However once in the gap Mr Elliot used his whip (drawn right hand) and his mount shifted out and that Mr Elliot continued to ride forward whilst shifting out, resulting in 3 horses being interfered with to varying degrees. He concluded by saying that Mr Elliot’s mount shifted out approximately 3 horse widths.
Mr Rogerson, in cross examination, asked Mr Coles if he thought that PRINCESS BELLE, racing to the inside of HIFLYER, had shifted out? Mr Coles replied no.
Mr Grylls was called as a witness for the prosecution. Mr Grylls said that his mount (TRIACTION) did appear to suffer interference, that his horse’s hind quarters were touched, which turned his horse in slightly. He said that he had been moved out slightly – about half to a full width. He said that his horse was stopping. He said that when HIFLYER shifted out it was only just ahead of his mount.
In response to a question from Mr Rogerson, Mr Grylls said that he could not see if there had been any inside movement by runners inside of HIFLYER.
In re-examination Mr Oatham put it to Mr Grylls that the shift was in fact 3 to 4 horse widths out. Mr Grylls could not confirm that that was correct.
In summing up, Mr Oatham said that the films were very clear, that there was never a full run available for Mr Elliot. He said that the initial point of contact was not an issue. He said that after that point Mr Elliot continued to ride carelessly and needed to straighten his mount, but that he continued to ride forward making contact with TRIACTION, pushing that horse out onto WILLS ROAD who pushed ROYAL SUCCESS out further. He said Mr Grylls was shifted out 3 horse widths.
Mr Rogerson said that when contact was made with Mr Grylls, it turned Mr Elliot’s horse in. He said that Mr Elliot was on the favourite and was trying to win it and that he was a length and another length clear. He said that there were contributing factors as there was outward movement from inside runners and said that it was real tight. He concluded by saying that Mr Elliot is an Apprentice who tried his best and that he deserved a warning.
Mr Elliot was invited to comment during the course of the hearing however he advised that he was comfortable for Mr Rogerson to speak on his behalf.
Reasons for Decision:
After considering all of the evidence presented and further reviewing of all film replays, the committee reached the following conclusions:
That early in the run home there may have been some minimal outward movement by inside runners as Mr Elliot commenced his outward movement. However shortly after the initial shift Mr Elliot allowed his mount HIFLYER to shift out into the line of TRIACTION making contact with that runner, who in turn went out onto WILLS ROAD who then forced ROYAL SUCCESS wider on the track.
It was observed by the committee that during HIFLYER’S shift outwards it was being ridden with the whip and at no time did Mr Elliot attempt to correct the horse’s line of running. The head-on and rear films showed clearly that HIFLYER shifted out approximately 3 horse widths after initially only being approximately a neck ahead of TRIACTION.
Submissions for Penalty:
Mr Oatham said that Mr Elliot had a very good record, having only one breach of careless riding during the past 12 months. He said that he is a promising Apprentice Rider who gets a number of rides. He placed the carelessness at mid-range or slightly above and submitted that a 5 to 6 day suspension would be an appropriate penalty.
Mr Rogerson said that Mr Elliot is a busy rider and rides all over New Zealand, including the deep South. He said that he has an excellent record and said that he rides at Wellington, Auckland and Australia. He was of the view that a 4 to 5 day suspension was too much and that they hoped for a warning or a fine as there were contributing factors. He said that if he was to be suspended, that they wanted a 7 day deferment until after racing on 11 March 2017. He added that a 4 day suspension would be appropriate.
Reasons for Penalty:
The committee carefully considered all of the submissions that were presented.
The committee adopted the JCA starting point of 5 riding days suspension, with this being adjusted based on the aggravating and mitigating factors.
The aggravating factors were that at no stage of HIFLYER’S shift did Mr Elliot attempt to correct his mount’s line of running when able to do so, in fact he continued to ride his mount out vigorously with the consequences being that three horses suffered varying degrees of interference. The committee considered the level of carelessness was just above mid-range.
The mitigating factor was Mr Elliot’s very good record during the past 12 months for which he was given credit.
Mr Oatham provided the committee with Mr Elliot’s recent riding record which showed that he predominantly rode all over the North Island. Mr Elliot confirmed this to be correct.
Taking all matters into consideration the committee determined that a 5 riding day suspension was an appropriate penalty.
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: df06eb7e7f831e184751d39ab70db272
informantnumber: A8678
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 06/03/2017
hearing_title: Auckland RC 4 March 2017 - R 4 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 4 (Colgate Optic White 1400) Information No.A8678 was filed with the Judicial Committee. It was alleged by Mr Oatham that near the 250m R Elliot (HIFLYER) permitted his mount to shift out when not sufficiently clear causing interference to TRIACTION (C Grylls), WILLS ROAD (D Johnson) and ROYAL SUCCESS (O Bosson).
Rule 638(1)(d) provides:
A rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless;
Mr Rogerson on behalf of Mr Elliot said that they understood the Rule and confirmed that the charge was denied.
As the charge was not admitted the matter was proceeded with as a defended hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Coles showed all film replays and identified the four horses involved as HIFLYER, TRIACTION, WILLS ROAD and ROYAL SUCCESS.
Mr Coles said approaching the 350m there was not a clear run for Mr Elliot who angled out for a gap, but at that point he said the Stewards did not have an issue. However once in the gap Mr Elliot used his whip (drawn right hand) and his mount shifted out and that Mr Elliot continued to ride forward whilst shifting out, resulting in 3 horses being interfered with to varying degrees. He concluded by saying that Mr Elliot’s mount shifted out approximately 3 horse widths.
Mr Rogerson, in cross examination, asked Mr Coles if he thought that PRINCESS BELLE, racing to the inside of HIFLYER, had shifted out? Mr Coles replied no.
Mr Grylls was called as a witness for the prosecution. Mr Grylls said that his mount (TRIACTION) did appear to suffer interference, that his horse’s hind quarters were touched, which turned his horse in slightly. He said that he had been moved out slightly – about half to a full width. He said that his horse was stopping. He said that when HIFLYER shifted out it was only just ahead of his mount.
In response to a question from Mr Rogerson, Mr Grylls said that he could not see if there had been any inside movement by runners inside of HIFLYER.
In re-examination Mr Oatham put it to Mr Grylls that the shift was in fact 3 to 4 horse widths out. Mr Grylls could not confirm that that was correct.
In summing up, Mr Oatham said that the films were very clear, that there was never a full run available for Mr Elliot. He said that the initial point of contact was not an issue. He said that after that point Mr Elliot continued to ride carelessly and needed to straighten his mount, but that he continued to ride forward making contact with TRIACTION, pushing that horse out onto WILLS ROAD who pushed ROYAL SUCCESS out further. He said Mr Grylls was shifted out 3 horse widths.
Mr Rogerson said that when contact was made with Mr Grylls, it turned Mr Elliot’s horse in. He said that Mr Elliot was on the favourite and was trying to win it and that he was a length and another length clear. He said that there were contributing factors as there was outward movement from inside runners and said that it was real tight. He concluded by saying that Mr Elliot is an Apprentice who tried his best and that he deserved a warning.
Mr Elliot was invited to comment during the course of the hearing however he advised that he was comfortable for Mr Rogerson to speak on his behalf.
reasonsfordecision:
After considering all of the evidence presented and further reviewing of all film replays, the committee reached the following conclusions:
That early in the run home there may have been some minimal outward movement by inside runners as Mr Elliot commenced his outward movement. However shortly after the initial shift Mr Elliot allowed his mount HIFLYER to shift out into the line of TRIACTION making contact with that runner, who in turn went out onto WILLS ROAD who then forced ROYAL SUCCESS wider on the track.
It was observed by the committee that during HIFLYER’S shift outwards it was being ridden with the whip and at no time did Mr Elliot attempt to correct the horse’s line of running. The head-on and rear films showed clearly that HIFLYER shifted out approximately 3 horse widths after initially only being approximately a neck ahead of TRIACTION.
Decision:
The charge of careless riding was proved.
sumissionsforpenalty:
Mr Oatham said that Mr Elliot had a very good record, having only one breach of careless riding during the past 12 months. He said that he is a promising Apprentice Rider who gets a number of rides. He placed the carelessness at mid-range or slightly above and submitted that a 5 to 6 day suspension would be an appropriate penalty.
Mr Rogerson said that Mr Elliot is a busy rider and rides all over New Zealand, including the deep South. He said that he has an excellent record and said that he rides at Wellington, Auckland and Australia. He was of the view that a 4 to 5 day suspension was too much and that they hoped for a warning or a fine as there were contributing factors. He said that if he was to be suspended, that they wanted a 7 day deferment until after racing on 11 March 2017. He added that a 4 day suspension would be appropriate.
reasonsforpenalty:
The committee carefully considered all of the submissions that were presented.
The committee adopted the JCA starting point of 5 riding days suspension, with this being adjusted based on the aggravating and mitigating factors.
The aggravating factors were that at no stage of HIFLYER’S shift did Mr Elliot attempt to correct his mount’s line of running when able to do so, in fact he continued to ride his mount out vigorously with the consequences being that three horses suffered varying degrees of interference. The committee considered the level of carelessness was just above mid-range.
The mitigating factor was Mr Elliot’s very good record during the past 12 months for which he was given credit.
Mr Oatham provided the committee with Mr Elliot’s recent riding record which showed that he predominantly rode all over the North Island. Mr Elliot confirmed this to be correct.
Taking all matters into consideration the committee determined that a 5 riding day suspension was an appropriate penalty.
penalty:
The committee granted Mr Elliot’s request to seek a deferment to his suspension as per Rule 1106(2).
Mr Elliot’s Apprentice Jockeys Licence was suspended from the end of racing on 11 March 2017 up to and including racing on 23 March 2017.
The days being:
15 March Matamata
17 March Te Aroha
18 March Hamilton/Wellington (Premier)
22 March Pukekohe
23 March Waipukurau
The committee noted that one of the days (Wellington 18 March) was a Premier day.
16 March 2017 at Christchurch was not included as Mr Elliot did not have any history of riding at industry days at the Canterbury Jockey Club.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr R Elliot - Licensed Apprentice Jockey
Otherperson: Mr G Rogerson - assisting Mr Elliot, Mr A Coles - Stipendiary Steward, Mr C Grylls - Licensed Jockey
PersonPresent:
Respondent:
StipendSteward:
raceid: b8ed4c49f44af474cb3a253a5ea85c26
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race_title: R 4
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meetdate: 04/03/2017
meet_title: Auckland RC - 4 March 2017
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meet_chair: NMcCutcheon
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name: Auckland RC