Archive Decision

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Canterbury JC 11 July 2020 – R 9 – Chair, Mr S Ching

ID: JCA17787

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr B Murray - Class A Rider

Other Person:
Mr N McIntyre - Stipendiary Steward

Information Number:
A12825

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 11 July 2020

Meet Chair:
SChing

Race Date:
2020/07/11

Race Number:
R 9

Decision:

As Mr Murray had admitted the breach, the charge was found proved.

Penalty:

Mr Murray’s application for a deferment until after racing on 17 July is granted. Accordingly Mr Murray's Class B Jockey's licence is suspended from the conclusion of racing 17 July up to and including 24 July 2020.

Facts:

Following the running of Race 9, the David Lyttle Farewell Rating 62, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr B Murray, alleging careless riding in that he permitted his mount to shift ground outwards when not fully clear of TOP GHIA, resulting in a check to RELIABLE GLOW near the 450m.

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

(d) careless”

Mr Murray had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Murray also agreed that he understood the charge and the Rule it was brought under.

Mr Oatham, with the assistance of Stipendiary Steward, Mr N McIntyre, gave evidence and used video coverage to show that nearing the 450m, EFFERVESCENT, ridden by Mr Murray, was racing 3 wide and back, with TOP GHIA, ridden by Miss C Barnes, racing 5 wide and on the outside of EFFERVESCENT with RELIABLE GLOW, ridden by Mr K Chowdhoory, positioned on the outside of TOP GHIA. Mr McIntyre showed Mr Murray angle his mount out and shift ground outwards when looking for clear racing room and not clear of TOP GHIA. He pointed out firm contact between EFFERVESCENT and TOP GHIA, which was forced out into the rightful line of RELIABLE GLOW who had to check. Mr McIntyre stated that Mr Murray was a bare length in front of TOP GHIA when shifting out.

Mr Murray elected to make no submissions in regard to the incident.

Submissions for Penalty:

Mr Oatham stated that Mr Murray’s record showed he had received a 5 National day suspension on 26 December 2019 at Wingatui, He described his record as good. Mr Oatham stated that this breach was mid-range and with the Covid 19 virus and restricted number of meetings at present, submitted that a 3 to 4 National day suspension be considered as penalty.

Mr Murray made no submissions on penalty but requested a deferment until after racing on 17 July at Invercargill.

Reasons for Penalty:

The JCA Penalty Guide for a mid-range breach of this rule is an 8 National day suspension. The Committee also assessed this breach as mid-range. There were no aggravating factors to consider and we acknowledged Mr Murray's record as a neutral factor. Due to the Covid 19 implications and restricted riding opportunities going forward, we determined that Mr Oatham's submissions on penalty were fair. We therefore determined that a fair but meaningful penalty in this case is a 4 National 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: ed5d09966004ce006a4e617c4557a295


informantnumber: A12825


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 13/07/2020


hearing_title: Canterbury JC 11 July 2020 - R 9 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 9, the David Lyttle Farewell Rating 62, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr B Murray, alleging careless riding in that he permitted his mount to shift ground outwards when not fully clear of TOP GHIA, resulting in a check to RELIABLE GLOW near the 450m.

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

(d) careless”

Mr Murray had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Murray also agreed that he understood the charge and the Rule it was brought under.

Mr Oatham, with the assistance of Stipendiary Steward, Mr N McIntyre, gave evidence and used video coverage to show that nearing the 450m, EFFERVESCENT, ridden by Mr Murray, was racing 3 wide and back, with TOP GHIA, ridden by Miss C Barnes, racing 5 wide and on the outside of EFFERVESCENT with RELIABLE GLOW, ridden by Mr K Chowdhoory, positioned on the outside of TOP GHIA. Mr McIntyre showed Mr Murray angle his mount out and shift ground outwards when looking for clear racing room and not clear of TOP GHIA. He pointed out firm contact between EFFERVESCENT and TOP GHIA, which was forced out into the rightful line of RELIABLE GLOW who had to check. Mr McIntyre stated that Mr Murray was a bare length in front of TOP GHIA when shifting out.

Mr Murray elected to make no submissions in regard to the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Murray had admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Oatham stated that Mr Murray’s record showed he had received a 5 National day suspension on 26 December 2019 at Wingatui, He described his record as good. Mr Oatham stated that this breach was mid-range and with the Covid 19 virus and restricted number of meetings at present, submitted that a 3 to 4 National day suspension be considered as penalty.

Mr Murray made no submissions on penalty but requested a deferment until after racing on 17 July at Invercargill.


reasonsforpenalty:

The JCA Penalty Guide for a mid-range breach of this rule is an 8 National day suspension. The Committee also assessed this breach as mid-range. There were no aggravating factors to consider and we acknowledged Mr Murray's record as a neutral factor. Due to the Covid 19 implications and restricted riding opportunities going forward, we determined that Mr Oatham's submissions on penalty were fair. We therefore determined that a fair but meaningful penalty in this case is a 4 National day suspension.


penalty:

Mr Murray’s application for a deferment until after racing on 17 July is granted. Accordingly Mr Murray's Class B Jockey's licence is suspended from the conclusion of racing 17 July up to and including 24 July 2020.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr B Murray - Class A Rider


Otherperson: Mr N McIntyre - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e8c3534bab6938192c5feaa8eb353817


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


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race_chair:


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race_pm2:


meetid: 8a35bb5a9e8dd37664f300295dc09f1f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/07/2020


meet_title: Canterbury JC - 11 July 2020


meet_expappcomment:


meet_km:


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tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: none


meet_pm2: none


name: Canterbury JC