Waikato RC 6 February 2018 – R 7 – Chair, Mr G Jones
ID: JCA17693
Code:
Thoroughbred
Meet Title:
Waikato RC - 6 February 2018
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2018/02/06
Race Number:
R7
Decision:
The Committee found the charge proved.
Penalty:
Mr McKay’s license to ride in races is suspended for a period commencing after racing on 10 February 2018 and concluding after racing on 23 February 2018.
Facts:
Following the running of race 7, the Warren Storm Lifebrookers Waikato Guineas (Group 2), an Information was filed pursuant to Rule 638 (4). The Informant, Mr Oatham, alleged that Class B, Apprentice Rider Mr S McKay unreasonably slowed the pace of his mount SPEECHMAKER to a degree which caused interference to STEVEN JAMES, MAKTOUM, GRIFFIN and MONGOLIANCONQUEROR, approaching the 1400 metres.
Mr McKay was assisted at the hearing by Mr N Harris (Apprentice Rider Mentor). Mr McKay said that he did not require the rule read out however for the sake of clarity the Committee outlined the key ingredients of the Rule. Mr McKay confirmed that he did not admit the breach.
Rule 638(4) provides:
A Rider shall not unreasonably slow, reduce or check the speed of his or her horse to a degree that interferes, either directly or indirectly, with any other horse in the race. [Amended 1 August 2017]
Submissions for Decision:
Using available video footage Stipendiary Steward Mr Coles identified the horses involved in the alleged incident namely; MONGOLIANCONQUEROR (O Bosson), GRIFFIN (M McNab), MAKTOUM (M Du Plessis) and STEVEN JAMES (J Riddell). He said that SPEECHMAKER drew barrier gate number 12 - three from the outside and was ridden with vigour to get to the front. Shortly after entering the back entrance prior the crossing SPEECHMAKER had gone out to a 3-length lead. He said near the 1400 metre mark Mr McKay eased the pace and the four horses mentioned in the information were checked to varying degrees. He said it was particularly noticeable that as a consequence of the checks Mr Bosson stood up in the saddle. He added that the checks were a direct result of Mr McKay easing the pace.
Mr McKay did not ask Mr Coles any questions concerning his evidence. Mr Harris asked a series of questions with regards to what Mr Coles deemed to be an appropriate tempo for horses racing in out front. Mr Coles responded that in assessing tempo a rider should never put horses or riders in danger.
The four riders whose horses were alleged to have been checked or interfered with were called to give evidence by Mr Oatham.
Mr Bossom confirmed that he was the rider of MONGOLIANCONQUEROR. He said that he struck trouble near the 1400 metre mark as the pace in front “slackened quite quickly”. He said that his mount then over raced for a short time, but he didn’t think the incident affected the chances of his horse.
Mr McNab confirmed that he was the rider of GRIFFIN. He said that racing got tight as horses in front of him came back and he was in difficulty for a short period. In response to a question from Mr Harris, Mr McNab was unable to confirm whether the tightening arose as a result of the leader easing back.
Mr M Du Plessis confirmed he was the rider of MAKTOUM. He said there was a chain reaction caused by horses in front of him coming back due to the speed of the race slackening. In response to a question from Mr Harris some discussion took place as to the impact that ROCK ON WOOD (R Elliot) may have had on the incident by looming up alongside Mr McKay’s mount at the same time that he was easing back. Mr M Du Plessis said that it was only a thought on his part, but Mr McKay may have believed Mr Elliot was going to press on and take the lead and this may have put some pressure on him.
Mr Riddell confirmed that he was the rider of STEVEN JAMES and that he was racing in the trail. He said that he was not interfered with, but he was forced to ease and take hold of his mount for a stride because the leader was easing back. He said there was a 2-length gap between his mount and the leader and when he came back he had some time to think about it and take corrective action. He said that he had no other option than to ease, but did not think it affected his overall placing.
Using the video footage to assist with his evidence, Mr McKay stated that his riding instructions were to jump from his wide gate; be positive and lead. He said once he realised he had a 3-length lead, he eased and his mount over reacted. He said that most of the horses behind had only had a few race day starts and were green. When ROCK ON WOOD ranged up alongside him he slackened off the speed, thinking he was going to pass. Then he got back into a rhythm and increased the speed. He added that SPEECHMAKER “only had a handful of starts and was green”.
Under cross examination from Mr Oatham, Mr McKay was asked whether his horse came back faster than he should have done. Mr McKay said the race time was 2 minute 3 seconds and he only slowed the pace for a short time.
Mr Harris submitted that Mr McKay is an Apprentice Rider with 3 years experience. He said that it takes a lot of experience for a rider to be able to rate the tempo or pace of a race. He also said that Mr McKay’s riding instructions were a factor. He added that Mr Riddell, who was in behind could see the pace easing and was able to get his horse back into a comfortable stride. The Committee reminded Mr Harris that Mr Riddell had no option but to ease his mount.
In response to Mr Harris’ submission, Mr Oatham said he rejected Mr McKay’s lack of experience as a factor. He pointed out that Mr McKay has had 2163 race day rides; he has ridden 164 winners and has had over 800 more rides than any other current apprentice rider in New Zealand.
In summing up the case for the Informant Mr Oatham submitted that the films clearly demonstrate that the affected riders' mounts were interfered with due to the slowing of the pace. He said at one point Mr McKay was close to 4-lengths in front, he took hold and continued to steady his mount over a considerable distance. He said Mr McKay had an obligation to the other riders in the race and it was abundantly clear that he unreasonably slowed the pace. He said that it was this that caused the chain reaction that impacted on the 4 runners. Once Mr McKay realised he had slowed the pace he quickly increased it. He added that it was clear that Mr Bossom was in difficulty and it may have affected his chances of winning the race, given that he finished fast into second place, beaten only by a nose.
In summing up Mr McKay submitted that the easing was not rapid and none of the horses behind eased up until they were right behind his mount. He added that the horses behind him were green. Mr Harris added that Mr McKay had no intent to jump out to the front and then ease the pace. His only intent was to lead and control his horse.
Reasons for Decision:
Having carefully considered all of the evidence the Committee sought to establish whether or not the pace of the race was unreasonably slowed and whether the chances of any horses were directly or indirectly interfered with. In assessing what is unreasonable we adopted the Webster Dictionary definition which provides that ‘unreasonable’ is either “not reasonable and what can be expected as clearly inappropriate or lacking justification in fact or under the circumstances.
The Committee reviewed all 4 available angles of the race film. We were particularly interested in the first 600 metres of the race, from the 2000 metre start barrier to the 1400 metres. It was evident to the Committee that Mr McKay was determined to get to the lead from his outside barrier gate. After leaving the home straight, nearing the crossing prior to the 1400 metres, SPEECHMAKER was at least 3-lengths clear of the field. When we viewed the films in slow motion, it appeared that Mr McKay looked over his shoulder and then made a conscious decision to ease the pace. He took hold of his mount and continued to ease back for some distance. When he reached the body of the field there was a chain reaction and STEVEN JAMES, MAKTOUM, GRIFFIN and MONGOLIANCONQUEROR all had be eased or checked to varying degrees.
The Committee finds that Mr McKay did cause the pace to ease and his decision to do so was unreasonable. We believe that if it was necessary for him to slow the pace at that juncture, he could have done so in a much more measured and least disruptive way. The evidence is clear that four horses were, to a degree, interfered with as a result thereof. On that basis we find that the ingredients of the charge have been proved to the requisite standard.
Submissions for Penalty:
Mr Oatham advised that Rule 638 (4) came into force on 1 August 2017 and there has only been 1 previous charge under the rule. This resulted in a 7 day suspension. He said Mr McKay has a clear record under the rule. He described the breach as mid-range, adding that 4 runners were impacted and it was a Group 2 race with a $100,000 stake.
He submitted that a penalty of between 10 and 12 national days would be an appropriate starting point for the Committee to consider.
Mr McKay advised the Committee he had riding engagements up to and including 10 February 2018 and asked the Committee to consider a deferment when determining dates for any proposed suspension. Mr McKay added that the affected horses were only checked for a couple of strides and their riders said in evidence that the incident did not have any bearing on their finishing placing.
Reasons for Penalty:
In consideration of penalty the Committee carefully considered all the evidence and submissions presented.
The Penalty Guide for Judicial Committees recommends a suspension with a starting point of between 6 and 8 national riding days. The Committee also had regard for Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
We place Mr McKay’s culpability at mid-range, coupled with the medium impact to 4 horses. It is also relevant that this was a Group 2 race with stake money of $100,000. These are aggravating factors. The only mitigating factor that we took into account was Mr McKay’s good record.
We adopted a 7 day suspension as a starting point and due to the aggravating factors uplifted that by 3 days. We then accorded Mr McKay a 1 day discount for his good record. The combined effect resulted in a 9 (national riding day) suspension.
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: dfdf6ea1ced3eee4c890cc61760a09e1
informantnumber: A10044
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Unreasonably slowed speed
plea: denied
penaltyrequired: 1
decisiondate: 07/02/2018
hearing_title: Waikato RC 6 February 2018 - R 7 – Chair, Mr G Jones
charge:
facts:
Following the running of race 7, the Warren Storm Lifebrookers Waikato Guineas (Group 2), an Information was filed pursuant to Rule 638 (4). The Informant, Mr Oatham, alleged that Class B, Apprentice Rider Mr S McKay unreasonably slowed the pace of his mount SPEECHMAKER to a degree which caused interference to STEVEN JAMES, MAKTOUM, GRIFFIN and MONGOLIANCONQUEROR, approaching the 1400 metres.
Mr McKay was assisted at the hearing by Mr N Harris (Apprentice Rider Mentor). Mr McKay said that he did not require the rule read out however for the sake of clarity the Committee outlined the key ingredients of the Rule. Mr McKay confirmed that he did not admit the breach.
Rule 638(4) provides:
A Rider shall not unreasonably slow, reduce or check the speed of his or her horse to a degree that interferes, either directly or indirectly, with any other horse in the race. [Amended 1 August 2017]
appealdecision:
isappeal:
submissionsfordecision:
Using available video footage Stipendiary Steward Mr Coles identified the horses involved in the alleged incident namely; MONGOLIANCONQUEROR (O Bosson), GRIFFIN (M McNab), MAKTOUM (M Du Plessis) and STEVEN JAMES (J Riddell). He said that SPEECHMAKER drew barrier gate number 12 - three from the outside and was ridden with vigour to get to the front. Shortly after entering the back entrance prior the crossing SPEECHMAKER had gone out to a 3-length lead. He said near the 1400 metre mark Mr McKay eased the pace and the four horses mentioned in the information were checked to varying degrees. He said it was particularly noticeable that as a consequence of the checks Mr Bosson stood up in the saddle. He added that the checks were a direct result of Mr McKay easing the pace.
Mr McKay did not ask Mr Coles any questions concerning his evidence. Mr Harris asked a series of questions with regards to what Mr Coles deemed to be an appropriate tempo for horses racing in out front. Mr Coles responded that in assessing tempo a rider should never put horses or riders in danger.
The four riders whose horses were alleged to have been checked or interfered with were called to give evidence by Mr Oatham.
Mr Bossom confirmed that he was the rider of MONGOLIANCONQUEROR. He said that he struck trouble near the 1400 metre mark as the pace in front “slackened quite quickly”. He said that his mount then over raced for a short time, but he didn’t think the incident affected the chances of his horse.
Mr McNab confirmed that he was the rider of GRIFFIN. He said that racing got tight as horses in front of him came back and he was in difficulty for a short period. In response to a question from Mr Harris, Mr McNab was unable to confirm whether the tightening arose as a result of the leader easing back.
Mr M Du Plessis confirmed he was the rider of MAKTOUM. He said there was a chain reaction caused by horses in front of him coming back due to the speed of the race slackening. In response to a question from Mr Harris some discussion took place as to the impact that ROCK ON WOOD (R Elliot) may have had on the incident by looming up alongside Mr McKay’s mount at the same time that he was easing back. Mr M Du Plessis said that it was only a thought on his part, but Mr McKay may have believed Mr Elliot was going to press on and take the lead and this may have put some pressure on him.
Mr Riddell confirmed that he was the rider of STEVEN JAMES and that he was racing in the trail. He said that he was not interfered with, but he was forced to ease and take hold of his mount for a stride because the leader was easing back. He said there was a 2-length gap between his mount and the leader and when he came back he had some time to think about it and take corrective action. He said that he had no other option than to ease, but did not think it affected his overall placing.
Using the video footage to assist with his evidence, Mr McKay stated that his riding instructions were to jump from his wide gate; be positive and lead. He said once he realised he had a 3-length lead, he eased and his mount over reacted. He said that most of the horses behind had only had a few race day starts and were green. When ROCK ON WOOD ranged up alongside him he slackened off the speed, thinking he was going to pass. Then he got back into a rhythm and increased the speed. He added that SPEECHMAKER “only had a handful of starts and was green”.
Under cross examination from Mr Oatham, Mr McKay was asked whether his horse came back faster than he should have done. Mr McKay said the race time was 2 minute 3 seconds and he only slowed the pace for a short time.
Mr Harris submitted that Mr McKay is an Apprentice Rider with 3 years experience. He said that it takes a lot of experience for a rider to be able to rate the tempo or pace of a race. He also said that Mr McKay’s riding instructions were a factor. He added that Mr Riddell, who was in behind could see the pace easing and was able to get his horse back into a comfortable stride. The Committee reminded Mr Harris that Mr Riddell had no option but to ease his mount.
In response to Mr Harris’ submission, Mr Oatham said he rejected Mr McKay’s lack of experience as a factor. He pointed out that Mr McKay has had 2163 race day rides; he has ridden 164 winners and has had over 800 more rides than any other current apprentice rider in New Zealand.
In summing up the case for the Informant Mr Oatham submitted that the films clearly demonstrate that the affected riders' mounts were interfered with due to the slowing of the pace. He said at one point Mr McKay was close to 4-lengths in front, he took hold and continued to steady his mount over a considerable distance. He said Mr McKay had an obligation to the other riders in the race and it was abundantly clear that he unreasonably slowed the pace. He said that it was this that caused the chain reaction that impacted on the 4 runners. Once Mr McKay realised he had slowed the pace he quickly increased it. He added that it was clear that Mr Bossom was in difficulty and it may have affected his chances of winning the race, given that he finished fast into second place, beaten only by a nose.
In summing up Mr McKay submitted that the easing was not rapid and none of the horses behind eased up until they were right behind his mount. He added that the horses behind him were green. Mr Harris added that Mr McKay had no intent to jump out to the front and then ease the pace. His only intent was to lead and control his horse.
reasonsfordecision:
Having carefully considered all of the evidence the Committee sought to establish whether or not the pace of the race was unreasonably slowed and whether the chances of any horses were directly or indirectly interfered with. In assessing what is unreasonable we adopted the Webster Dictionary definition which provides that ‘unreasonable’ is either “not reasonable and what can be expected as clearly inappropriate or lacking justification in fact or under the circumstances.
The Committee reviewed all 4 available angles of the race film. We were particularly interested in the first 600 metres of the race, from the 2000 metre start barrier to the 1400 metres. It was evident to the Committee that Mr McKay was determined to get to the lead from his outside barrier gate. After leaving the home straight, nearing the crossing prior to the 1400 metres, SPEECHMAKER was at least 3-lengths clear of the field. When we viewed the films in slow motion, it appeared that Mr McKay looked over his shoulder and then made a conscious decision to ease the pace. He took hold of his mount and continued to ease back for some distance. When he reached the body of the field there was a chain reaction and STEVEN JAMES, MAKTOUM, GRIFFIN and MONGOLIANCONQUEROR all had be eased or checked to varying degrees.
The Committee finds that Mr McKay did cause the pace to ease and his decision to do so was unreasonable. We believe that if it was necessary for him to slow the pace at that juncture, he could have done so in a much more measured and least disruptive way. The evidence is clear that four horses were, to a degree, interfered with as a result thereof. On that basis we find that the ingredients of the charge have been proved to the requisite standard.
Decision:
The Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham advised that Rule 638 (4) came into force on 1 August 2017 and there has only been 1 previous charge under the rule. This resulted in a 7 day suspension. He said Mr McKay has a clear record under the rule. He described the breach as mid-range, adding that 4 runners were impacted and it was a Group 2 race with a $100,000 stake.
He submitted that a penalty of between 10 and 12 national days would be an appropriate starting point for the Committee to consider.
Mr McKay advised the Committee he had riding engagements up to and including 10 February 2018 and asked the Committee to consider a deferment when determining dates for any proposed suspension. Mr McKay added that the affected horses were only checked for a couple of strides and their riders said in evidence that the incident did not have any bearing on their finishing placing.
reasonsforpenalty:
In consideration of penalty the Committee carefully considered all the evidence and submissions presented.
The Penalty Guide for Judicial Committees recommends a suspension with a starting point of between 6 and 8 national riding days. The Committee also had regard for Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
We place Mr McKay’s culpability at mid-range, coupled with the medium impact to 4 horses. It is also relevant that this was a Group 2 race with stake money of $100,000. These are aggravating factors. The only mitigating factor that we took into account was Mr McKay’s good record.
We adopted a 7 day suspension as a starting point and due to the aggravating factors uplifted that by 3 days. We then accorded Mr McKay a 1 day discount for his good record. The combined effect resulted in a 9 (national riding day) suspension.
penalty:
Mr McKay’s license to ride in races is suspended for a period commencing after racing on 10 February 2018 and concluding after racing on 23 February 2018.
hearing_type: Hearing
Rules: 638(4)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr S McKay – Class B Apprentice Rider of SPEECHMAKER
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr Coles - Stipendiary Steward, Mr O Bossom - Rider of MONGOLIANCONQUEROR, Mr M McNab - Rider of GRIFFIN, Mr M Du Plessis - Rider of MAKTOUM, Mr J Riddell - Rider of STEVEN JAMES
PersonPresent:
Respondent:
StipendSteward:
raceid: f764a1840d288368d8f49c4a98cc1742
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race_title: R7
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meetdate: 06/02/2018
meet_title: Waikato RC - 6 February 2018
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