Whangarei RC 12 October 2016 – R 8 – Chair, Mr A Dooley
ID: JCA17698
Code:
Thoroughbred
Meet Title:
Whangarei RC - 12 October 2016
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2016/10/12
Race Number:
R8
Decision:
As Mr Prastiyou admitted the breach the Committee find the charge proved.
Penalty:
We grant Mr Prastiyou’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Prastiyou had his license to ride in races suspended for a period to commence after racing on 14 October and conclude after racing on 21 October 2016 (3 days).
That period of suspension encompasses meetings at
15 October Rotorua
19 October Matamata
21 October Counties
Facts:
Following the running of race 8, Harcourts Optimize Group, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr Prastiyou permitted his mount MASTERS CHOICE to shift inwards when not sufficiently clear of SISTERELLA which was checked approaching the 200 metres.
Mr Prastiyou acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Prastiyou at the hearing.
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 footage. Mr Oatham said that entering the final straight SISTERELLA was racing directly behind MASTERS CHOICE. He identified that passing the 300 metres MASTERS CHOICE shifted out considerably which presented a gap for SISTERLLA. He pointed out that when Mr Prastiyou rode his mount forward with the whip MASTERS CHOICE then shifted back in and into the rightful line of SISTERELLA which resulted in Ms Collett having to check her mount. He said Ms Collett had to shift out to obtain a clear run to the finish.
Mr Prastiyou admitted that his mount shifted out prior to the 200 metres. He said that he tried to take corrective action but acknowledged that his horse then rolled back in. He felt that although Ms Collett had to check her mount the incident was made to look worse because Ms Collett had anticipated what was happening.
Mr Harris said he was not denying that Mr Prastiyou was careless but wanted to highlight that Ms Collett reacted to the shift earlier than Mr Prastiyou had anticipated.
Submissions for Penalty:
Mr Oatham produced Mr Prastiyou's record which showed no previous breach under this Rule in the last 12 months. He said this was an excellent record and assessed the level of carelessness was at the low end of the scale. He accessed Mr Prastiyou’s recent riding history which showed he predominantly rode in the Northern region. He added that Mr Prastiyou had relocated to the Auckland area about 5 months ago and submitted a suspension in line with a low level breach would be appropriate.
Mr Prastiyou advised that he had upcoming engagements at Tauranga on 14 October and sought a deferment to any proposed suspension. Mr Harris confirmed this to be correct and asked the Committee to take into account Mr Prastiyou’s good record.
The Committee explained to Mr Prastiyou how the calculation of days worked given that he had not breached this Rule since riding in the North Island.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The significant mitigating factors were Mr Prastiyou’s admission of the breach, we assessed the level of carelessness was low end and notably Mr Prastiyou’s excellent record for an Apprentice rider. In our view these factors warranted a 2 day discount.
The Committee was satisfied that Mr Prastiyou rode predominantly in the Auckland / Waikato area.
There were no aggravating factors in this case.
We advised Mr Prastiyou that it was rare for Judicial Committees in this region to impose a 3 day suspension. However, given the significant mitigating factors we considered it was justified for this particular breach.
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: e0c50e76d4e112af3eff8c8cb36c7b70
informantnumber: A7885
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 13/10/2016
hearing_title: Whangarei RC 12 October 2016 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, Harcourts Optimize Group, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr Prastiyou permitted his mount MASTERS CHOICE to shift inwards when not sufficiently clear of SISTERELLA which was checked approaching the 200 metres.
Mr Prastiyou acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Prastiyou at the hearing.
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 footage. Mr Oatham said that entering the final straight SISTERELLA was racing directly behind MASTERS CHOICE. He identified that passing the 300 metres MASTERS CHOICE shifted out considerably which presented a gap for SISTERLLA. He pointed out that when Mr Prastiyou rode his mount forward with the whip MASTERS CHOICE then shifted back in and into the rightful line of SISTERELLA which resulted in Ms Collett having to check her mount. He said Ms Collett had to shift out to obtain a clear run to the finish.
Mr Prastiyou admitted that his mount shifted out prior to the 200 metres. He said that he tried to take corrective action but acknowledged that his horse then rolled back in. He felt that although Ms Collett had to check her mount the incident was made to look worse because Ms Collett had anticipated what was happening.
Mr Harris said he was not denying that Mr Prastiyou was careless but wanted to highlight that Ms Collett reacted to the shift earlier than Mr Prastiyou had anticipated.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Prastiyou admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Prastiyou's record which showed no previous breach under this Rule in the last 12 months. He said this was an excellent record and assessed the level of carelessness was at the low end of the scale. He accessed Mr Prastiyou’s recent riding history which showed he predominantly rode in the Northern region. He added that Mr Prastiyou had relocated to the Auckland area about 5 months ago and submitted a suspension in line with a low level breach would be appropriate.
Mr Prastiyou advised that he had upcoming engagements at Tauranga on 14 October and sought a deferment to any proposed suspension. Mr Harris confirmed this to be correct and asked the Committee to take into account Mr Prastiyou’s good record.
The Committee explained to Mr Prastiyou how the calculation of days worked given that he had not breached this Rule since riding in the North Island.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The significant mitigating factors were Mr Prastiyou’s admission of the breach, we assessed the level of carelessness was low end and notably Mr Prastiyou’s excellent record for an Apprentice rider. In our view these factors warranted a 2 day discount.
The Committee was satisfied that Mr Prastiyou rode predominantly in the Auckland / Waikato area.
There were no aggravating factors in this case.
We advised Mr Prastiyou that it was rare for Judicial Committees in this region to impose a 3 day suspension. However, given the significant mitigating factors we considered it was justified for this particular breach.
penalty:
We grant Mr Prastiyou’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Prastiyou had his license to ride in races suspended for a period to commence after racing on 14 October and conclude after racing on 21 October 2016 (3 days).
That period of suspension encompasses meetings at
15 October Rotorua
19 October Matamata
21 October Counties
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr D Prastiyou - Apprentice Jockey
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6c1844af0ef34a90f29b4d6a0c35b703
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e767b7fb3af66a83ee9940a426536956
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/10/2016
meet_title: Whangarei RC - 12 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Whangarei RC