Archive Decision

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Canterbury R 25 January 2014 – R 8

ID: JCA17701

Applicant:
M Zarb, Stipendiary Steward

Respondent(s):
A L Frye, Licensed Apprentice Jockey

Other Person:
D B Frye, Licensed Trainer

Information Number:
A6219

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 25 January 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2014/01/25

Race Number:
R8

Decision:

Miss Frye having admitted the breach, the charge was found proved. 

Penalty:

The Committee was satisfied that Miss Frye has riding engagements for the meeting at Wingatui on 1 February and allowed a deferment of the suspension for 7 days pursuant to Rule 1106 (2) (b). Miss Frye’s jockey’s licence is suspended from the conclusion of racing on Saturday, 1 February 2014, up to and including Thursday, 6 February 2014 – effectively, 4 riding days. The meetings intended to be encompassed by the term of suspension are Taranaki on 2 February, Motukarara on 3 February, Gore on 5 February and Tauherenikau on 6 February. 

Facts:

Following the running of Race 8, Speight’s Timaru Stakes (Listed Race), an information was filed by Stipendiary Steward, Mr M Zarb, against Licensed Apprentice Jockey (Class B), Miss A L Frye, alleging that Miss Frye, as the rider of OUR PREMONITION in the race, “shifted ground inwards when insufficiently clear of DR DEE BEE (T M Direen) near the 1200 metres resulting in DR DEE BEE being checked”.

Miss Frye was present at the hearing of the information and she indicated that she admitted the breach. She was assisted at the hearing by her employer, Licensed Trainer (Class A), Mr D B Frye.

Rule 638 provides as follows:

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

Mr Zarb had Co-Chief Stipendiary Steward, Mr N G McIntyre, show video replays of the incident approximately 200 metres after the start of the 1400 metres race. He pointed out OUR PREMONITION, ridden by Miss Frye, which had drawn the outside barrier in the 13-horse field, improving to the lead past DR DEE BEE (T M Direen). Miss Direen had to take a hold and her mount’s head went up in the air. Miss Frye was not the required distance clear in crossing DR DEE BEE. The degree of interference in this instance was at the lower end, as was the degree of carelessness, Mr Zarb submitted.

Submissions for Penalty:

Mr Zarb informed the Committee that this was Miss Frye’s fourth charge since March 2013 under the careless riding Rule – the most recent was on 3 January 2014 when she received 4 days. Mr Frye said that Miss Frye has ridden at four meetings since that suspension ended. Having regard to her record and her admission of the breach, Stewards believed that a 4 day suspension was appropriate for this breach, Mr Zarb said.

Miss Frye requested a deferment of any term of any suspension until after racing at Wingatui on 1 February 2014. The Committee questioned Miss Frye as to the upcoming meetings at which she would be likely to be riding. She said that she had ridden at Taranaki on 16 January 2014. If she could secure rides she would be riding at Taranaki on 2 February and Tauherenikau on 6 February. Mr Frye confirmed this and said that Miss Frye would travel to those meetings, if required, for one ride only. Mr Zarb said that he accepted that Miss Frye was becoming a regular rider at such meetings and did not dispute that Miss Frye may have been riding at those meetings. 

Reasons for Penalty:

In determining penalty, the Committee took a starting point of 5 days, as recommended in the Penalty Guide. Miss Frye’s record was an aggravating factor and an increase to that starting point by 1 day was appropriate.

Mitigating factors were, firstly, Miss Frye’s very frank admission of the breach and, secondly, the low-level nature of carelessness and degree of interference. The Committee allowed a discount of 1 day for each of those matters. The Committee thus arrived at a 4 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: e0f116a36c02e6382ea2a0b5f7808a45


informantnumber: A6219


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 22/01/2014


hearing_title: Canterbury R 25 January 2014 - R 8


charge:


facts:

Following the running of Race 8, Speight’s Timaru Stakes (Listed Race), an information was filed by Stipendiary Steward, Mr M Zarb, against Licensed Apprentice Jockey (Class B), Miss A L Frye, alleging that Miss Frye, as the rider of OUR PREMONITION in the race, “shifted ground inwards when insufficiently clear of DR DEE BEE (T M Direen) near the 1200 metres resulting in DR DEE BEE being checked”.

Miss Frye was present at the hearing of the information and she indicated that she admitted the breach. She was assisted at the hearing by her employer, Licensed Trainer (Class A), Mr D B Frye.

Rule 638 provides as follows:

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

Mr Zarb had Co-Chief Stipendiary Steward, Mr N G McIntyre, show video replays of the incident approximately 200 metres after the start of the 1400 metres race. He pointed out OUR PREMONITION, ridden by Miss Frye, which had drawn the outside barrier in the 13-horse field, improving to the lead past DR DEE BEE (T M Direen). Miss Direen had to take a hold and her mount’s head went up in the air. Miss Frye was not the required distance clear in crossing DR DEE BEE. The degree of interference in this instance was at the lower end, as was the degree of carelessness, Mr Zarb submitted.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Miss Frye having admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr Zarb informed the Committee that this was Miss Frye’s fourth charge since March 2013 under the careless riding Rule – the most recent was on 3 January 2014 when she received 4 days. Mr Frye said that Miss Frye has ridden at four meetings since that suspension ended. Having regard to her record and her admission of the breach, Stewards believed that a 4 day suspension was appropriate for this breach, Mr Zarb said.

Miss Frye requested a deferment of any term of any suspension until after racing at Wingatui on 1 February 2014. The Committee questioned Miss Frye as to the upcoming meetings at which she would be likely to be riding. She said that she had ridden at Taranaki on 16 January 2014. If she could secure rides she would be riding at Taranaki on 2 February and Tauherenikau on 6 February. Mr Frye confirmed this and said that Miss Frye would travel to those meetings, if required, for one ride only. Mr Zarb said that he accepted that Miss Frye was becoming a regular rider at such meetings and did not dispute that Miss Frye may have been riding at those meetings. 


reasonsforpenalty:

In determining penalty, the Committee took a starting point of 5 days, as recommended in the Penalty Guide. Miss Frye’s record was an aggravating factor and an increase to that starting point by 1 day was appropriate.

Mitigating factors were, firstly, Miss Frye’s very frank admission of the breach and, secondly, the low-level nature of carelessness and degree of interference. The Committee allowed a discount of 1 day for each of those matters. The Committee thus arrived at a 4 day suspension.


penalty:

The Committee was satisfied that Miss Frye has riding engagements for the meeting at Wingatui on 1 February and allowed a deferment of the suspension for 7 days pursuant to Rule 1106 (2) (b). Miss Frye’s jockey’s licence is suspended from the conclusion of racing on Saturday, 1 February 2014, up to and including Thursday, 6 February 2014 – effectively, 4 riding days. The meetings intended to be encompassed by the term of suspension are Taranaki on 2 February, Motukarara on 3 February, Gore on 5 February and Tauherenikau on 6 February. 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: M Zarb, Stipendiary Steward


JockeysandTrainer: A L Frye, Licensed Apprentice Jockey


Otherperson: D B Frye, Licensed Trainer


PersonPresent:


Respondent:


StipendSteward:


raceid: 8d35a2a68b03077aa411eb8ab390a2c1


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: d93e7b4dc5ebe7eb4c343a087f77afce


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/01/2014


meet_title: Canterbury Racing - 25 January 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Canterbury Racing