Auckland RC 15 February 2020 – R 7 – Chair, Mr A Dooley
ID: JCA17548
Code:
Thoroughbred
Meet Title:
Auckland RC - 15 February 2020
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2020/02/15
Race Number:
R7
Decision:
As Mr Innes admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Innes had his license to ride in races suspended for a period to commence after racing on 15 February and conclude after racing on 28 February 2020 (7 national riding days). In addition, a fine of $1,500 was imposed.
16 February race meeting at Gisborne was not included in Mr Innes’ penalty because the declaration of riders had closed. In addition, 19 February race meeting programmed for Avondale was cancelled on 14 February therefore this meeting was also not included in the penalty.
Facts:
Following the running of race 7, Joe McDonald Avondale Cup, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Innes permitted his mount PLATINUM INVADOR to shift out near the 125 metres forcing PAISLEY PARK into the line of DRAGON STORM which was checked.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Innes said that he understood the Rule and confirmed he admitted the breach.
Mr Jones demonstrated the incident using the available video footage. He identified that Mr Innes directed PLATINUM INVADOR out and as a result PAISLEY PARK was forced out into the line of DRAGON STORM which was checked. He added that the side on film showed that PLATINUM INVADOR was a head to a neck in advance of PAISLEY PARK and one length in advance of DRAGON STORM when the check occurred.
Mr Innes asked for the back on film to be shown. He said that DRAGON STORM was checked for half a stride and he stated that he had seen worse careless riding when there had been no rider charged. He said that he should have received a warning for his careless riding.
Submissions for Penalty:
Mr Oatham produced Mr Innes’ record which showed 2 previous breaches under this Rule in the last 12 months. He said Mr Innes has had 340 rides in the last 12 months and his record could be treated as a neutral factor. He assessed Mr Innes’ level of carelessness as mid-range. He said that DRAGON STORM was battling when it suffered a check but its rider had to take evasive action. He added that PAISLEY PARK was impeded for a distance. Mr Oatham submitted that the aggravating factor was the breach occurred in a Group 2 race worth $100,000.
Mr Innes advised that he had no commitments in the next 7 days and any proposed suspension could start immediately. He said the level of carelessness was low range and his suspension should be no more than 5-days.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
When reviewing the video footage, we found that near the 125 metres Mr Innes directed his mount outwards when only a neck in advance of PAISLEY PARK. As a result, that runner was inconvenienced when forced out wider on the track and into the running line of a weakening DRAGON STORM which was checked. The rider of DRAGON STORM checked her mount to avoid the heels of PAISLEY PARK. It was evident on the head on footage that PLATINUM INVADOR’s head was turned outwards when Mr Innes was riding his mount forward. We deemed the level of carelessness displayed by Mr Innes was low to mid-range.
The starting point for low to mid-range carelessness is 7 national riding days which we adopted. This is in conformity with the Penalty Guide for Judicial Committees which recommends 6 day (low) and 8 day (mid) national riding days starting point. Low to mid, at 7 sits in between.
Under the provisions of Rule 920(2) the aggravating factors were the breach occurred in a Group 2 race worth $100,000. We carefully considered an appropriate uplift for the particular circumstances of this case as was recently determined in the RIU v McDonald decision. Accordingly, we applied a 1-day uplift in penalty as well as a $1,500 fine. The fine serves as a significant additional penalty uplift not only because Mr Innes obtained a riding percentage of the stake but also as a deterrent factor for any riders who should choose to breach the Rules in this way in future black type races.
We note that PLATINUM INVADOR finished strongly into 2nd place and was beaten a nose at the finish.
The mitigating factor was Mr Innes’ admission of the breach. For this we afforded Mr Innes a 1-day reduction in penalty.
We deemed Mr Innes’ record was a neutral factor.
After taking into account all the above factors the Committee considered that an appropriate penalty was a combination of a suspension and a fine.
JCA Decision Fields (raw)
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hearingid: f05ada4295d1eba010e4dcaf5cc6e058
informantnumber: A13408
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 16/02/2020
hearing_title: Auckland RC 15 February 2020 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, Joe McDonald Avondale Cup, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Innes permitted his mount PLATINUM INVADOR to shift out near the 125 metres forcing PAISLEY PARK into the line of DRAGON STORM which was checked.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Innes said that he understood the Rule and confirmed he admitted the breach.
Mr Jones demonstrated the incident using the available video footage. He identified that Mr Innes directed PLATINUM INVADOR out and as a result PAISLEY PARK was forced out into the line of DRAGON STORM which was checked. He added that the side on film showed that PLATINUM INVADOR was a head to a neck in advance of PAISLEY PARK and one length in advance of DRAGON STORM when the check occurred.
Mr Innes asked for the back on film to be shown. He said that DRAGON STORM was checked for half a stride and he stated that he had seen worse careless riding when there had been no rider charged. He said that he should have received a warning for his careless riding.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Innes admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Innes’ record which showed 2 previous breaches under this Rule in the last 12 months. He said Mr Innes has had 340 rides in the last 12 months and his record could be treated as a neutral factor. He assessed Mr Innes’ level of carelessness as mid-range. He said that DRAGON STORM was battling when it suffered a check but its rider had to take evasive action. He added that PAISLEY PARK was impeded for a distance. Mr Oatham submitted that the aggravating factor was the breach occurred in a Group 2 race worth $100,000.
Mr Innes advised that he had no commitments in the next 7 days and any proposed suspension could start immediately. He said the level of carelessness was low range and his suspension should be no more than 5-days.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
When reviewing the video footage, we found that near the 125 metres Mr Innes directed his mount outwards when only a neck in advance of PAISLEY PARK. As a result, that runner was inconvenienced when forced out wider on the track and into the running line of a weakening DRAGON STORM which was checked. The rider of DRAGON STORM checked her mount to avoid the heels of PAISLEY PARK. It was evident on the head on footage that PLATINUM INVADOR’s head was turned outwards when Mr Innes was riding his mount forward. We deemed the level of carelessness displayed by Mr Innes was low to mid-range.
The starting point for low to mid-range carelessness is 7 national riding days which we adopted. This is in conformity with the Penalty Guide for Judicial Committees which recommends 6 day (low) and 8 day (mid) national riding days starting point. Low to mid, at 7 sits in between.
Under the provisions of Rule 920(2) the aggravating factors were the breach occurred in a Group 2 race worth $100,000. We carefully considered an appropriate uplift for the particular circumstances of this case as was recently determined in the RIU v McDonald decision. Accordingly, we applied a 1-day uplift in penalty as well as a $1,500 fine. The fine serves as a significant additional penalty uplift not only because Mr Innes obtained a riding percentage of the stake but also as a deterrent factor for any riders who should choose to breach the Rules in this way in future black type races.
We note that PLATINUM INVADOR finished strongly into 2nd place and was beaten a nose at the finish.
The mitigating factor was Mr Innes’ admission of the breach. For this we afforded Mr Innes a 1-day reduction in penalty.
We deemed Mr Innes’ record was a neutral factor.
After taking into account all the above factors the Committee considered that an appropriate penalty was a combination of a suspension and a fine.
penalty:
Accordingly, Mr Innes had his license to ride in races suspended for a period to commence after racing on 15 February and conclude after racing on 28 February 2020 (7 national riding days). In addition, a fine of $1,500 was imposed.
16 February race meeting at Gisborne was not included in Mr Innes’ penalty because the declaration of riders had closed. In addition, 19 February race meeting programmed for Avondale was cancelled on 14 February therefore this meeting was also not included in the penalty.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr L Innes - Class A Rider
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 971aa416f14ee96a326a29a43114b29e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
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meetid: a50d147bb9529cc215e81f30e722227c
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meetdate: 15/02/2020
meet_title: Auckland RC - 15 February 2020
meet_expappcomment:
meet_km:
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tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
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name: Auckland RC