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Avondale J C 14 August 2015 – R 3 – Chairman, Mr R Seabrook

ID: JCA17457

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr M Coleman, rider of ESCALATE

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
4380

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638 (1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 14 August 2015

Meet Chair:
RSeabrook

Meet Committee Member 1:
AGodsalve

Race Date:
2015/08/14

Race Number:
R3

Decision:

As the breach was admitted we find the charge proved.

Penalty:

After taking all the above facts into account and under the provisions of rule 1106 (2) we suspend Mr Coleman from after racing on 15 August until after racing on 26 August.  These days include the following:  19 August Taupo, 22 August Ellerslie and 26 August Matamata.  In addition we impose a fine of $750.

Facts:

Following race 3, The Avondale on Facebook 1200, an information was filed pursuant to rule 638(1) (d) by the informant Mr A Coles.  He alleged that near the 1100 metres ESCALATE (M Coleman) shifted in when not clear of ASHIMA (L Innes) which was dictated in crowding LOLA BRIGIDA  (R Scott) and EL ESCOLTA (A Collett) which was checked.

Rule 638 (1) (d) reads:  a rider shall not ride a horse in a manner which the judicial committee considers to be careless.

Mr Williamson demonstrated the video films identifying the horses involved in the incident.  He pointed out ESCALATE racing in a position 2 from the outside approximately 100 metres after the start. ESCALATE had started the race from a wide barrier position. On her inside was ASHIMA (L Innes) then LOLA BRIGIDA (R Scott) and inside her again was EL ESCOLTA (A Collett).  Mr Williamson said soon after this point Mr Coleman allowed his mount to shift in tightening ASHIMA and LOLA BRIGIDA which resulted in EL ESCOLTA being squeezed and checked.  He said there were some mitigating factors in Mr Coleman's favour and demonstrated on the films some outward movement by SIR RITCHIE who was moving away from BRAKBAR on his inside.  Mr Williamson added that another contributing factor to the tightening was that LOLA BRIGIDA was laying in onto EL ESCOLTA on its own accord. He concluded by saying the major contribution to the incident did come from Mr Coleman who was not the required distance clear of ASHIMA when moving in, a margin he estimated to be a bare length.

Mr Coleman said he was guilty of not relieving the pressure on Mr Innes but said there was no calling from his inside. After viewing the films he said there was already tightening to the runners on his inside before he moved in at which stage there was a clear margin between himself and Mr Innes.  Mr Coleman concluded by conceding that by following this he did move in on Mr Innes when not clear but the movement from both sides was very small.

Submissions for Penalty:

Mr Coles said that Mr Williamson and Mr Coleman had covered all the evidence very well and he too conceded there had been movement from both sides. He said however the main reason that EL ESCOLTA had to be checked resulted from the inward movement by Mr Coleman's mount when not the required distance clear.

Mr Coles produced Mr Coleman's record which showed 5 suspensions in the last 12 months. However he said 3 of these were early last season and he had only had 2 suspensions this year being in May and June. He submitted this was a reasonably good record and regarded Mr Coleman's carelessness in todays incident to be at the low end.

Mr Coleman said he had commitments at Te Rapa on the 15th August and could start any suspension after that as declarations for riders at Taupo had not yet closed. He added that he did have engagements at the premier day at Hawkes Bay on the 29th August. In answer to a question from the committee he acknowledged that he had no history of riding at Woodville on an industry day.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions as presented and reviewed the video films numerous times. The films clearly showed that prior to the incident happening Mr Innes' mount was already easing back and there was a considerable gap between his horse and that of Mr Coleman's. The committee is satisfied the incident involving the other riders was not caused solely by Mr Coleman as there was outward movement from the runners on the inside of Mr Innes. Having said that we are also satisfied that Mr Coleman was not the required distance clear of Mr Innes when moving in following the initial tightening.  However the resulting interference to Mr Innes was inconsequential and we find the level of carelessness on Mr Coleman's part was at the low end.  The committee has adopted 5 days as the starting point in assessing an appropriate penalty, in accordance with the JCA Penalty Guidelines.  Taking Mr Coleman's record into account, we are mindful a 5 day suspension could be the likely penalty.   We note that 3 of the suspensions showing on his record occurred last year resulting in a record we consider reasonably good for such a busy rider.  Having considered Mr Coleman's admission of the breach and the compelling mitigating factors described above we believe a fairer penalty would be a 4 day suspension.   Further consideration was given to the fact that the 4th day of this suspension would have been a Premier raceday on 29 August. This racemeeting is one of the major racedays on the New Zealand Racing calendar, and imposing a penalty which would result in Mr Coleman being unable to ride at this meeting would be a penalty we believe this breach does not deserve. 

Accordingly we determine a more appropriate, and fair penalty taking all of the factors into consideration would be a 3 day suspension and a fine.

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: e5ecb3d56692af049fa171fcf9a2f976


informantnumber: 4380


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 16/08/2015


hearing_title: Avondale J C 14 August 2015 - R 3 - Chairman, Mr R Seabrook


charge:


facts:

Following race 3, The Avondale on Facebook 1200, an information was filed pursuant to rule 638(1) (d) by the informant Mr A Coles.  He alleged that near the 1100 metres ESCALATE (M Coleman) shifted in when not clear of ASHIMA (L Innes) which was dictated in crowding LOLA BRIGIDA  (R Scott) and EL ESCOLTA (A Collett) which was checked.

Rule 638 (1) (d) reads:  a rider shall not ride a horse in a manner which the judicial committee considers to be careless.

Mr Williamson demonstrated the video films identifying the horses involved in the incident.  He pointed out ESCALATE racing in a position 2 from the outside approximately 100 metres after the start. ESCALATE had started the race from a wide barrier position. On her inside was ASHIMA (L Innes) then LOLA BRIGIDA (R Scott) and inside her again was EL ESCOLTA (A Collett).  Mr Williamson said soon after this point Mr Coleman allowed his mount to shift in tightening ASHIMA and LOLA BRIGIDA which resulted in EL ESCOLTA being squeezed and checked.  He said there were some mitigating factors in Mr Coleman's favour and demonstrated on the films some outward movement by SIR RITCHIE who was moving away from BRAKBAR on his inside.  Mr Williamson added that another contributing factor to the tightening was that LOLA BRIGIDA was laying in onto EL ESCOLTA on its own accord. He concluded by saying the major contribution to the incident did come from Mr Coleman who was not the required distance clear of ASHIMA when moving in, a margin he estimated to be a bare length.

Mr Coleman said he was guilty of not relieving the pressure on Mr Innes but said there was no calling from his inside. After viewing the films he said there was already tightening to the runners on his inside before he moved in at which stage there was a clear margin between himself and Mr Innes.  Mr Coleman concluded by conceding that by following this he did move in on Mr Innes when not clear but the movement from both sides was very small.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Coles said that Mr Williamson and Mr Coleman had covered all the evidence very well and he too conceded there had been movement from both sides. He said however the main reason that EL ESCOLTA had to be checked resulted from the inward movement by Mr Coleman's mount when not the required distance clear.

Mr Coles produced Mr Coleman's record which showed 5 suspensions in the last 12 months. However he said 3 of these were early last season and he had only had 2 suspensions this year being in May and June. He submitted this was a reasonably good record and regarded Mr Coleman's carelessness in todays incident to be at the low end.

Mr Coleman said he had commitments at Te Rapa on the 15th August and could start any suspension after that as declarations for riders at Taupo had not yet closed. He added that he did have engagements at the premier day at Hawkes Bay on the 29th August. In answer to a question from the committee he acknowledged that he had no history of riding at Woodville on an industry day.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions as presented and reviewed the video films numerous times. The films clearly showed that prior to the incident happening Mr Innes' mount was already easing back and there was a considerable gap between his horse and that of Mr Coleman's. The committee is satisfied the incident involving the other riders was not caused solely by Mr Coleman as there was outward movement from the runners on the inside of Mr Innes. Having said that we are also satisfied that Mr Coleman was not the required distance clear of Mr Innes when moving in following the initial tightening.  However the resulting interference to Mr Innes was inconsequential and we find the level of carelessness on Mr Coleman's part was at the low end.  The committee has adopted 5 days as the starting point in assessing an appropriate penalty, in accordance with the JCA Penalty Guidelines.  Taking Mr Coleman's record into account, we are mindful a 5 day suspension could be the likely penalty.   We note that 3 of the suspensions showing on his record occurred last year resulting in a record we consider reasonably good for such a busy rider.  Having considered Mr Coleman's admission of the breach and the compelling mitigating factors described above we believe a fairer penalty would be a 4 day suspension.   Further consideration was given to the fact that the 4th day of this suspension would have been a Premier raceday on 29 August. This racemeeting is one of the major racedays on the New Zealand Racing calendar, and imposing a penalty which would result in Mr Coleman being unable to ride at this meeting would be a penalty we believe this breach does not deserve. 

Accordingly we determine a more appropriate, and fair penalty taking all of the factors into consideration would be a 3 day suspension and a fine.


penalty:

After taking all the above facts into account and under the provisions of rule 1106 (2) we suspend Mr Coleman from after racing on 15 August until after racing on 26 August.  These days include the following:  19 August Taupo, 22 August Ellerslie and 26 August Matamata.  In addition we impose a fine of $750.


hearing_type: Hearing


Rules: 638 (1) (d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr M Coleman, rider of ESCALATE


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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race_title: R3


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meetdate: 14/08/2015


meet_title: Avondale JC - 14 August 2015


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