Archive Decision

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Auckland RC 3 March 2018 – R 7 – Chair, Mr A Dooley

ID: JCA17898

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr M Coleman - Class A Rider

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A10050

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 3 March 2018

Meet Chair:
ADooley

Meet Committee Member 1:
SChing

Race Date:
2018/03/03

Race Number:
R7

Decision:

As Mr Coleman admitted the breach the Committee found the charge proved.

Penalty:

The Committee grants a deferment to Mr Coleman’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Coleman had his license to ride in races suspended for a period to commence after racing on 10 March and conclude after racing on 25 March 2018.

It was evident that Mr Coleman gained an advantage by his actions consequently the Committee also fined Mr Coleman the sum of $500.

Facts:

Following the running of race 7, McKee Family Sunline Vase (2100 metres), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Coleman angled his mount GOLD SPICE out near the 350 metres when not sufficiently clear of FISCAL FANTASY which was checked.

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

Mr Coleman acknowledged that he understood the Rule and confirmed that he admitted the breach.

Mr Coles demonstrated the incident using the available video footage. He identified that there was no room for Mr Coleman to improve off the heels of SUNBURST passing the 400 metres. He pointed out on the back on film shortly after that point that Mr Coleman shifted out at least 2 horse widths and made contact with FISCAL FANTASY which was badly hampered and checked. He said in turn INSIGHT became unbalanced when bumped near the 350 metres. He added that Mr Coleman was only ½ a length clear of FISCAL FANTASY when he angled his mount outwards.

Mr Coleman said there was not much he could say given the video footage clearly outlined the incident. He stated that he was travelling well, ran out of room, and “panicked” a little bit when he came out. Mr Coleman openly admitted that he should not have angled his mount outwards near the 350 metres.

Submissions for Penalty:

Mr Oatham produced Mr Coleman’s record which showed 2 previous breaches under this Rule in the last 12 months. He said this was a very good record and assessed the level of carelessness as high end. He said there was clearly no run available for Mr Coleman yet he shifted out abruptly which resulted in significant checks to 2 runners. He said a further aggravating factor was the breach occurred in a Group 3 race worth $70,000 with Mr Coleman mount finishing in 2nd place earning $13,650. Mr Oatham submitted that it would be appropriate for the Committee to impose a fine in addition to a high end suspension.

Mr Coleman advised that he had engagements on 10 March and therefore sought a 7 day deferment to fulfil those engagements. He said the carelessness was in the mid-range and recognised the interference occurred in a race of some significance.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee observed that Mr Coleman angled his mount out abruptly near the 350 metres when only ½ a length clear of FISCAL FANTASY. This resulted in GOLD SPICE making heavy contact with FISCAL FANTASY which in turn bumped into INSIGHT who became unbalanced. It was evident on the back on film that Mr Coleman was intent on angling his mount out. In doing so Mr Coleman gained an advantage with GOLD SPICE running 2nd by a narrow margin in a Black Type race. We deemed the level of carelessness to be in the high range.

The Committee adopted 10 days as the starting point.

The Committee had regard for Rule 920 (2) when fixing penalty.

RULE 920 (2):

(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.

The aggravating factors were the incident occurred in a Group 3 with $70,000 stakes payable. For these combined factors a 2 day uplift in penalty was applied.

The mitigating factors were Mr Coleman’s admission of the breach and his good record. For these combined factors we afforded Mr Coleman a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 11 national riding 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: fc9a9950f1b509ba6f805bd8a0a24401


informantnumber: A10050


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 04/03/2018


hearing_title: Auckland RC 3 March 2018 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, McKee Family Sunline Vase (2100 metres), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Coleman angled his mount GOLD SPICE out near the 350 metres when not sufficiently clear of FISCAL FANTASY which was checked.

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

Mr Coleman acknowledged that he understood the Rule and confirmed that he admitted the breach.

Mr Coles demonstrated the incident using the available video footage. He identified that there was no room for Mr Coleman to improve off the heels of SUNBURST passing the 400 metres. He pointed out on the back on film shortly after that point that Mr Coleman shifted out at least 2 horse widths and made contact with FISCAL FANTASY which was badly hampered and checked. He said in turn INSIGHT became unbalanced when bumped near the 350 metres. He added that Mr Coleman was only ½ a length clear of FISCAL FANTASY when he angled his mount outwards.

Mr Coleman said there was not much he could say given the video footage clearly outlined the incident. He stated that he was travelling well, ran out of room, and “panicked” a little bit when he came out. Mr Coleman openly admitted that he should not have angled his mount outwards near the 350 metres.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Coleman admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Coleman’s record which showed 2 previous breaches under this Rule in the last 12 months. He said this was a very good record and assessed the level of carelessness as high end. He said there was clearly no run available for Mr Coleman yet he shifted out abruptly which resulted in significant checks to 2 runners. He said a further aggravating factor was the breach occurred in a Group 3 race worth $70,000 with Mr Coleman mount finishing in 2nd place earning $13,650. Mr Oatham submitted that it would be appropriate for the Committee to impose a fine in addition to a high end suspension.

Mr Coleman advised that he had engagements on 10 March and therefore sought a 7 day deferment to fulfil those engagements. He said the carelessness was in the mid-range and recognised the interference occurred in a race of some significance.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee observed that Mr Coleman angled his mount out abruptly near the 350 metres when only ½ a length clear of FISCAL FANTASY. This resulted in GOLD SPICE making heavy contact with FISCAL FANTASY which in turn bumped into INSIGHT who became unbalanced. It was evident on the back on film that Mr Coleman was intent on angling his mount out. In doing so Mr Coleman gained an advantage with GOLD SPICE running 2nd by a narrow margin in a Black Type race. We deemed the level of carelessness to be in the high range.

The Committee adopted 10 days as the starting point.

The Committee had regard for Rule 920 (2) when fixing penalty.

RULE 920 (2):

(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.

The aggravating factors were the incident occurred in a Group 3 with $70,000 stakes payable. For these combined factors a 2 day uplift in penalty was applied.

The mitigating factors were Mr Coleman’s admission of the breach and his good record. For these combined factors we afforded Mr Coleman a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 11 national riding days.


penalty:

The Committee grants a deferment to Mr Coleman’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Coleman had his license to ride in races suspended for a period to commence after racing on 10 March and conclude after racing on 25 March 2018.

It was evident that Mr Coleman gained an advantage by his actions consequently the Committee also fined Mr Coleman the sum of $500.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr M Coleman - Class A Rider


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3ecf400a1d403d3f43c004424bed5e9b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e67bf604a412aac2117deb61e48a8b0e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/03/2018


meet_title: Auckland RC - 3 March 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: SChing


meet_pm2: none


name: Auckland RC