Reefton JC 6 January 2016 – R3 – Chair, Mr S Ching
ID: JCA17445
Code:
Thoroughbred
Meet Title:
Reefton JC - 6 January 2016
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2016/01/06
Race Number:
R3
Decision:
As Mr Murray had admitted this breach of the Rules it was found to be proved.
Penalty:
We therefore determined that Mr Murray’s Apprentice Jockeys licence be suspended from the conclusion of racing Saturday 9 January up to and including 16 January 2016.
This suspension encompasses the days racing at Hokitika on 13 January and Greymouth on 16 January 2016.
Facts:
Following the running of Race 3, the Fahey Contracting/Vernon & Vazey Maiden, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Mr B Murray, the rider of BLACK ESTATE, alleging careless riding near the 400m by shifting inwards when not clear of RAROONEY, ridden by Miss S Wynne which had to be checked.
Rule 638(1)(d) reads as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Murray had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Murray also agreed that he understood the charge and the Rule it was brought under. Mr Murray was assisted at the hearing by his employer Mr A Carston and NZTR Apprentice Mentor Mr W Harnett.
Mr McLaughlin gave evidence and used video coverage with the assistance of Co-Chief Stipendiary Steward, Mr N McIntyre, to show that near the 400m, Mr Murray, riding BLACK ESTATE was in a 3 wide position on the outside of RAROONEY, ridden by Miss Wynne and KEEPITASECRET, ridden by Mr Chui, on the rails.
Mr McLaughlin explained that Mr Murray shifted in to a two wide position outside of KEEPITASECRET when not clear and checked RAROONEY. Mr McLaughlin stated that Miss Wynne’s mount was under pressure to improve at this point and was approximately ¾ to a length behind Mr Murray’s mount when Mr Murray shifted in taking Miss Wynne’s line causing her to check and shift out abruptly to avoid Mr Murray’s horse’s heels. He said Miss Wynne was also ¾ of a length behind Mr Chui at this time but was established in that position between both runners prior to the check.
Mr Carston stated that there were mitigating circumstances to this incident. He said that the tight turning track had an effect on Mr Chui’s mount, KEEPITASECRET, as it was clear on the films that it was racing off the rails and obviously having difficulty handling the bends. He pointed out KEEPITASECRET with its head angled in and its rider, Mr Chui, having some difficulty getting the horse around the corner. Mr Carston said there was no doubt that Mr Murray has shifted from a 3 wide position to a 2 wide position and checked Miss Wynne but submitted that Mr Chui’s mount has also contributed to the incident by also shifting out into Miss Wynne’s line. Another mitigating factor submitted by Mr Carston, was that Mr Murray’s horse was a first starter. He also believed that penalising apprentices on first starters was harsh.
Mr Harnett made comment that Mr Chui’s horse was clearly off the fence and not handling the tight turn. He said that Mr Murray did not have to move in much to put pressure on Miss Wynne and that Miss Wynne’s position ¾ of a length back from Mr Murray was a precarious one going into a corner at Reefton.
Submissions for Penalty:
Mr McLaughlin stated that Mr Murray’s record showed had a recent suspension on 4 December 2015 at Riccarton where a 2-day suspension was imposed. Mr McLaughlin stated that Mr Murray was a South Island rider and stated that the degree of carelessness was low with the level of consequences at a higher level. Mr McLaughlin did not argue that there were mitigating factors with regard to the contribution to the incident by Mr Chui’s horse. He submitted that a minimum term of suspension be considered as penalty for Mr Murray.
Mr Carston and Mr Murray made no submissions on penalty apart from agreeing with Mr McLaughlin that a minimum suspension be imposed.
The issue of deferment was discussed at length with Mr Murray and Mr Carston with Mr Murray eventually opting to start any penalty as soon as possible.
Reasons for Penalty:
In determining penalty the Committee took into consideration all aggravating and mitigating factors. In taking the JCA Starting point of 3 days for a South Island rider, we determined that an uplift of 1 day was required due to Mr Murray’s record which showed a recent 2-day suspension in December and the level of carelessness which we assessed as low to mid-range with the level of consequences at mid to high. In mitigation however, we were able to give Mr Murray a discount of 1 day for his ready admission of the breach and a further 1 day for the mitigating factors outlined during the hearing with which the Committee agreed had some bearing on the incident. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
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: e44e8ee0ed8941b8d235b13722ba9aa5
informantnumber: A6362
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 10/01/2016
hearing_title: Reefton JC 6 January 2016 - R3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Fahey Contracting/Vernon & Vazey Maiden, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Mr B Murray, the rider of BLACK ESTATE, alleging careless riding near the 400m by shifting inwards when not clear of RAROONEY, ridden by Miss S Wynne which had to be checked.
Rule 638(1)(d) reads as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Murray had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Murray also agreed that he understood the charge and the Rule it was brought under. Mr Murray was assisted at the hearing by his employer Mr A Carston and NZTR Apprentice Mentor Mr W Harnett.
Mr McLaughlin gave evidence and used video coverage with the assistance of Co-Chief Stipendiary Steward, Mr N McIntyre, to show that near the 400m, Mr Murray, riding BLACK ESTATE was in a 3 wide position on the outside of RAROONEY, ridden by Miss Wynne and KEEPITASECRET, ridden by Mr Chui, on the rails.
Mr McLaughlin explained that Mr Murray shifted in to a two wide position outside of KEEPITASECRET when not clear and checked RAROONEY. Mr McLaughlin stated that Miss Wynne’s mount was under pressure to improve at this point and was approximately ¾ to a length behind Mr Murray’s mount when Mr Murray shifted in taking Miss Wynne’s line causing her to check and shift out abruptly to avoid Mr Murray’s horse’s heels. He said Miss Wynne was also ¾ of a length behind Mr Chui at this time but was established in that position between both runners prior to the check.
Mr Carston stated that there were mitigating circumstances to this incident. He said that the tight turning track had an effect on Mr Chui’s mount, KEEPITASECRET, as it was clear on the films that it was racing off the rails and obviously having difficulty handling the bends. He pointed out KEEPITASECRET with its head angled in and its rider, Mr Chui, having some difficulty getting the horse around the corner. Mr Carston said there was no doubt that Mr Murray has shifted from a 3 wide position to a 2 wide position and checked Miss Wynne but submitted that Mr Chui’s mount has also contributed to the incident by also shifting out into Miss Wynne’s line. Another mitigating factor submitted by Mr Carston, was that Mr Murray’s horse was a first starter. He also believed that penalising apprentices on first starters was harsh.
Mr Harnett made comment that Mr Chui’s horse was clearly off the fence and not handling the tight turn. He said that Mr Murray did not have to move in much to put pressure on Miss Wynne and that Miss Wynne’s position ¾ of a length back from Mr Murray was a precarious one going into a corner at Reefton.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Murray had admitted this breach of the Rules it was found to be proved.
sumissionsforpenalty:
Mr McLaughlin stated that Mr Murray’s record showed had a recent suspension on 4 December 2015 at Riccarton where a 2-day suspension was imposed. Mr McLaughlin stated that Mr Murray was a South Island rider and stated that the degree of carelessness was low with the level of consequences at a higher level. Mr McLaughlin did not argue that there were mitigating factors with regard to the contribution to the incident by Mr Chui’s horse. He submitted that a minimum term of suspension be considered as penalty for Mr Murray.
Mr Carston and Mr Murray made no submissions on penalty apart from agreeing with Mr McLaughlin that a minimum suspension be imposed.
The issue of deferment was discussed at length with Mr Murray and Mr Carston with Mr Murray eventually opting to start any penalty as soon as possible.
reasonsforpenalty:
In determining penalty the Committee took into consideration all aggravating and mitigating factors. In taking the JCA Starting point of 3 days for a South Island rider, we determined that an uplift of 1 day was required due to Mr Murray’s record which showed a recent 2-day suspension in December and the level of carelessness which we assessed as low to mid-range with the level of consequences at mid to high. In mitigation however, we were able to give Mr Murray a discount of 1 day for his ready admission of the breach and a further 1 day for the mitigating factors outlined during the hearing with which the Committee agreed had some bearing on the incident. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
penalty:
We therefore determined that Mr Murray’s Apprentice Jockeys licence be suspended from the conclusion of racing Saturday 9 January up to and including 16 January 2016.
This suspension encompasses the days racing at Hokitika on 13 January and Greymouth on 16 January 2016.
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr B Murray - Class B Apprentice Rider
Otherperson: Mr A Carston - Licensed Trainer assisting Mr Murray, Mr N McIntyre - Co-Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c86c6a0ec386f204cb469a067bfda023
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4dbbfc49f3717e37116b1d009afaa160
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waitingforpublication: 0
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meetdate: 06/01/2016
meet_title: Reefton JC - 6 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Reefton JC