Archive Decision

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Ashburton RC 5 July 2013 – R 7

ID: JCA17938

Applicant:
M Zarb-Stipendiary Steward

Respondent(s):
Mr J Bates - Licensed Jockey

Information Number:
A5703

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Ashburton RC - 5 July 2013

Meet Chair:
SChing

Meet Committee Member 1:
PKnowles

Race Date:
2013/07/05

Race Number:
R7

Decision:

The charge was found to be proved.

Penalty:

We therefore determined that Mr Bates' jockeys license be suspended from the conclusion of racing today 5 July until the conclusion of racing 21 July 2013 which encompasses the days racing at Timaru on 12 July and Oamaru 21 July 2013 (2 effective days).

Charge:

Alleged breach of Rule 638(1)(d) - Careless riding.

Facts:

Following the running of Race 7, the Devon Tavern Rating 65, an Information was filed by Stipendiary Steward, Mr M Zarb, against Jockey, Mr J Bates, the rider of “MESSINES”, alleging careless riding shortly after the start.

The charge reads as follows:

“I the above named Informant, allege that the above named Respondent, committed a breach of Rule 638(1)(d) in that J Bates (MESSINA) directed his mount inwards acutely shortly after the start dictating CORAZANA (R Black) inwards to make firm contact with KOKIID (C Barnes) resulting in those runners bumping heavily.”

Rule 638(1)(d) reads as follows:

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

(d) careless”

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

Submissions for Decision:

Mr Zarb gave evidence and used video coverage to show that shortly after the start MESSINA, who was slow away and ridden by Mr Bates, when near the rear of the field, shifted inwards acutely when looking to cross to the rail. When shifting in and not clear, MESSINA dictated inwards COROZANA, ridden by Miss Black, who in turn made firm contact with KOKIID, ridden by Miss C Barnes. Mr Zarb submitted that although the level of carelessness was mid to high the consequential effects on both affected horses were at a low level. This was confirmed with viewing of the lateral films.

Mr Bates stated to the Committee that he looked to the inside shortly after jumping out, thought he was in last position at that point and that there were no horses behind him. He submitted that COROZANA had improved up quickly after he had looked to his inside and started to shift towards the rail. Mr Bates conceded that he had misjudged the situation and that was why he admitted the charge.

Reasons for Decision:

As Mr Bates had admitted this breach of the Rules it was found to be proved.

Submissions for Penalty:

Mr Zarb stated that Mr Bates was having his first race day ride back from a break of 18 months. He also submitted that Mr Bates had admitted the breach at the earliest possible moment and also stated that although the level of carelessness was at the mid to high level the consequential effects of his carelessness were low. Mr Zarb submitted that Mr Bates was a South Island based rider and that a minimal term of suspension be considered on this occasion.

Mr Bates made no submissions in regard to penalty apart from advising the Committee that a deferment on penalty was not sought.

Reasons for Penalty:

In determining penalty the Committee took into consideration Mr Bates' frank admission of the breach and the fact that this was his first race day back riding after a break of 18 months. We took into account that Mr Bates was a South Island based rider. We also agreed with Mr Zarb that the level of carelessness was mid to high but that the consequential effects were low. After looking at penalties imposed for similar breaches of this Rule and taking all factors into consideration we determined that a suspension of two riding days was an appropriate penalty on this occasion.

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: dabcbf132dba42d7d9d22f688605076d


informantnumber: A5703


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/06/2013


hearing_title: Ashburton RC 5 July 2013 - R 7


charge:

Alleged breach of Rule 638(1)(d) - Careless riding.


facts:

Following the running of Race 7, the Devon Tavern Rating 65, an Information was filed by Stipendiary Steward, Mr M Zarb, against Jockey, Mr J Bates, the rider of “MESSINES”, alleging careless riding shortly after the start.

The charge reads as follows:

“I the above named Informant, allege that the above named Respondent, committed a breach of Rule 638(1)(d) in that J Bates (MESSINA) directed his mount inwards acutely shortly after the start dictating CORAZANA (R Black) inwards to make firm contact with KOKIID (C Barnes) resulting in those runners bumping heavily.”

Rule 638(1)(d) reads as follows:

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

(d) careless”

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


appealdecision:


isappeal:


submissionsfordecision:

Mr Zarb gave evidence and used video coverage to show that shortly after the start MESSINA, who was slow away and ridden by Mr Bates, when near the rear of the field, shifted inwards acutely when looking to cross to the rail. When shifting in and not clear, MESSINA dictated inwards COROZANA, ridden by Miss Black, who in turn made firm contact with KOKIID, ridden by Miss C Barnes. Mr Zarb submitted that although the level of carelessness was mid to high the consequential effects on both affected horses were at a low level. This was confirmed with viewing of the lateral films.

Mr Bates stated to the Committee that he looked to the inside shortly after jumping out, thought he was in last position at that point and that there were no horses behind him. He submitted that COROZANA had improved up quickly after he had looked to his inside and started to shift towards the rail. Mr Bates conceded that he had misjudged the situation and that was why he admitted the charge.


reasonsfordecision:

As Mr Bates had admitted this breach of the Rules it was found to be proved.


Decision:

The charge was found to be proved.


sumissionsforpenalty:

Mr Zarb stated that Mr Bates was having his first race day ride back from a break of 18 months. He also submitted that Mr Bates had admitted the breach at the earliest possible moment and also stated that although the level of carelessness was at the mid to high level the consequential effects of his carelessness were low. Mr Zarb submitted that Mr Bates was a South Island based rider and that a minimal term of suspension be considered on this occasion.

Mr Bates made no submissions in regard to penalty apart from advising the Committee that a deferment on penalty was not sought.


reasonsforpenalty:

In determining penalty the Committee took into consideration Mr Bates' frank admission of the breach and the fact that this was his first race day back riding after a break of 18 months. We took into account that Mr Bates was a South Island based rider. We also agreed with Mr Zarb that the level of carelessness was mid to high but that the consequential effects were low. After looking at penalties imposed for similar breaches of this Rule and taking all factors into consideration we determined that a suspension of two riding days was an appropriate penalty on this occasion.


penalty:

We therefore determined that Mr Bates' jockeys license be suspended from the conclusion of racing today 5 July until the conclusion of racing 21 July 2013 which encompasses the days racing at Timaru on 12 July and Oamaru 21 July 2013 (2 effective days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: M Zarb-Stipendiary Steward


JockeysandTrainer: Mr J Bates - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 656596c97c3dfa50586d88881d1d9374


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: 6e2253bd4028eba9bba2657abada2405


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/07/2013


meet_title: Ashburton RC - 5 July 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: PKnowles


meet_pm2: none


name: Ashburton RC