Archive Decision

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Counties RC 10 April 2016 – R 3 – Chair, Mr A Dooley

ID: JCA17571

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr L Innes - Class A rider

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A7865

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 10 April 2016

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2016/04/10

Race Number:
R3

Decision:

As Mr Innes admitted the breach the Committee find the charge proved.

Penalty:

Accordingly, Mr Innes had his license to ride in races suspended for a period to commence after racing on 10 April and conclude after racing on 20 April (4 days).

Facts:

Following the running of race 3, TAB Pukekohe 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr Innes allowed his mount RIVER CRUISE to shift in near the 100 metres when not sufficiently clear of DIVORCEE (B Hutton) which was checked.

Mr Innes acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Oatham demonstrated the incident using the available video films. He pointed out that Mr Innes allowed his mount to shift in when riding forward with the whip near the 100 metres. He said in doing so this resulted in DIVORCEE having its rightful running line taken because Mr Innes was not the required distance clear. Mr Oatham said that Mr Innes attempted to straighten his mount but it was too late because most of the interference had occurred.

Mr Innes said that Mr Oatham summed up the incident well and confirmed his mount was racing green.

Submissions for Penalty:

Mr Coles produced Mr Innes’ record which showed 3 previous breaches under this Rule in the last 12 months, the most recent being 28 November 2015 which incurred a 4 day suspension. He said that Mr Innes had a reasonably good record and he should be given credit for his admission of the breach. Mr Coles submitted a suspension at the lower end of the scale would be appropriate.

Mr Innes advised that he had spoken to his agent Mr Rodley who told him he had no upcoming engagements and any proposed suspension could commence immediately.

In response to a question from the Committee, Mr Innes acknowledged that he had no intention of riding at Woodville on 21 April 2016.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr Innes’ admission of the breach, the level of carelessness was low end and his reasonably good record in relation to this Rule for which he has been given credit. However, this has to be balanced against the consequences of Mr Innes’ actions which resulted in DIVORCEE losing its rightful running line. We believe this incident had no bearing on that horse finishing in a better position (4th). We also note that Mr Innes won the race by a narrow margin.

After taking into account all the above factors the Committee considers an appropriate suspension was 4 days.

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: f3e8969d3fc5ca1888c4826303e123f5


informantnumber: A7865


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 10/04/2016


hearing_title: Counties RC 10 April 2016 - R 3 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 3, TAB Pukekohe 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr Innes allowed his mount RIVER CRUISE to shift in near the 100 metres when not sufficiently clear of DIVORCEE (B Hutton) which was checked.

Mr Innes acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Oatham demonstrated the incident using the available video films. He pointed out that Mr Innes allowed his mount to shift in when riding forward with the whip near the 100 metres. He said in doing so this resulted in DIVORCEE having its rightful running line taken because Mr Innes was not the required distance clear. Mr Oatham said that Mr Innes attempted to straighten his mount but it was too late because most of the interference had occurred.

Mr Innes said that Mr Oatham summed up the incident well and confirmed his mount was racing green.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Innes admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Coles produced Mr Innes’ record which showed 3 previous breaches under this Rule in the last 12 months, the most recent being 28 November 2015 which incurred a 4 day suspension. He said that Mr Innes had a reasonably good record and he should be given credit for his admission of the breach. Mr Coles submitted a suspension at the lower end of the scale would be appropriate.

Mr Innes advised that he had spoken to his agent Mr Rodley who told him he had no upcoming engagements and any proposed suspension could commence immediately.

In response to a question from the Committee, Mr Innes acknowledged that he had no intention of riding at Woodville on 21 April 2016.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr Innes’ admission of the breach, the level of carelessness was low end and his reasonably good record in relation to this Rule for which he has been given credit. However, this has to be balanced against the consequences of Mr Innes’ actions which resulted in DIVORCEE losing its rightful running line. We believe this incident had no bearing on that horse finishing in a better position (4th). We also note that Mr Innes won the race by a narrow margin.

After taking into account all the above factors the Committee considers an appropriate suspension was 4 days.


penalty:

Accordingly, Mr Innes had his license to ride in races suspended for a period to commence after racing on 10 April and conclude after racing on 20 April (4 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr L Innes - Class A rider


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 1cbee8fb4a179dab8f7d5518c6ca247f


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


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meetdate: 10/04/2016


meet_title: Counties RC - 10 April 2016


meet_expappcomment:


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tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


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name: Counties RC