Marton JC 12 September 2015 – R 2 – Chair, Mr T Utikere
ID: JCA17943
Code:
Thoroughbred
Meet Title:
Marton JC - 12 September 2015
Meet Chair:
TUtikere
Meet Committee Member 1:
TCastles
Race Date:
2015/09/12
Race Number:
R2
Decision:
As the charge was admitted, the committee found the charge proved.
Penalty:
Mr Parkes' Licence is suspended from the close of racing on Saturday 19 September until the close of racing on Friday 2 October. The six day suspension incorporates the Matamata (23rd), Otaki (24th), Te Aroha (25th), Taranaki (26th), Waverley (1st) and Waikato (2nd) meetings.
Facts:
Following the running of Race 2 (H&T AGRONOMICS/AGRICOM HANDICAP 1200m), Licensed Jockey J Parkes was charged with careless riding under Rule 638(1)(d). The Information stated: "JOBY (J Parkes) shifted ground in the back straight when not clear of FETCHING (R Hannam), GYPSY FAIR (D Mo), DANNY BOY (N Teeluck) and BROKEN BELT (R Goldsbury)."
Mr Parkes confirmed that he understood Rule 638(1)(d) and that he admitted the breach.
Using the head-on film, Mr Goodwin identified all runners named in the Information. JOBY had drawn the outside barrier and located immediately to his inside was FETCHING then GYPSY FAIR, DANNY BOY and BROKEN BELT.
Mr Goodwin pointed out that shortly after the start, GYPSY FAIR had missed the jump, and then in a hurried fashion, Mr Mo had bustled that mount up to the inside of FETCHING. Mr Mo had established himself into that position and was entitled to be there. A short distance further, Mr Parkes' mount moved inwards when not sufficiently clear of Mr Hannam. Mr Goodwin believed Mr Parkes' movement was approximately two horse widths, and Mr Hannam had no option but to move inwards, placing resultant pressure onto Mr Mo, Mr Teeluck and Miss Goldsbury's mounts. Mr Goodwin believed the actions of Mr Mo in being slow away, and then improving quite rapidly was a contributing, but not a major factor. In response to a question from the committee, Mr Goodwin advised that during a preliminary discussion with the riders concerned, Mr Hannam was "quite surprised" that Mr Mo had kicked up into that position. The Stipendiary Stewards maintained that even though it may have been unusual for Mr Mo to take the action he did, there was sufficient room for him to do so, and that he had an entitlement to be where he was.
Mr Parkes advised that he had seen the films three times and he had nothing to add.
Submissions for Penalty:
In presenting Mr Parkes' record, Mr Neal submitted two previous suspensions under this rule for the previous 12 month period. His most recent was at Waikato on 15 August which resulted in a six day period of suspension for carelessness in a Group 1 race which also resulted in a relegation. Prior to that, Mr Parkes had received a four day suspension at the Wairarapa Meeting on 9 October 2014. The stewards considered this to be a good record given the frequency of riding that Mr Parkes undertakes. Mr Neal submitted the current incident as falling within the mid-range as Mr Parkes had attempted to improve his position and that general tightening to runners located to Mr Parkes' inside had occurred as a result of his carelessness. He also noted the number of runners affected as an aggravating factor, and suggested that this was to be tempered against the mitigating factors of Mr Parkes' record and early admission of the breach.
Mr Parkes identified that he had confirmed engagements for the coming week and sought a deferral of any period of suspension to commence after racing on Saturday 19 September. When looking at upcoming meetings, Mr Parkes advised the committee that he had ridden at the recent Waikato meeting on Wednesday 9 September. He further stated that of the previous three meetings he had ridden at, two of them had been in the Northern District.
The committee identified the interface with the recent Appeals Tribunal decision (Dated 31 August 2015) in Mr Parkes' name, which touched on the issue of the calculation and application of riding dates within a period of suspension. Mr Neal advised that the stewards were well aware of the Appeal decision, and that up until the date of the Appeals decision, Mr Parkes had not demonstrated that he had been riding in the north, but that there had been a change in approach from him and that he had been more active in securing northern engagements. Mr Parkes confirmed that this was the approach that he and his manager had adopted as a result of his Appeal decision. Mr Neal also advised the committee that the RIU had no objection to upcoming Central Waikato venues being included in any period of suspension.
The Chairman identified that the recent Parkes Appeal decision clearly stated that to have included Matamata in a period of suspension, where Mr Parkes previously had not ridden there, would not have been a genuine period of suspension. In response, Mr Neal stated that Mr Parkes had demonstrated that he was now riding at Waikato meetings outside of Premier days, and that that was quite different from those matters adduced at the Appeal hearing. Mr Neal advised that rather than looking at a track by track approach, a regional perspective of the Waikato area was more appropriate as the Te Aroha racecourse was very close geographically to the Waikato racecourse, and as such the stewards drew no distinction and had no issue with the fact that Mr Parkes had recently ridden at Waikato and that this meant he could easily ride at another course that was geographically close. Mr Neal reiterated, that the important aspect in this hearing was that since the Appeal decision, Mr Parkes had picked up the gauntlet and ridden North of the Central Districts region. In summary, Mr Neal categorised the upcoming Waikato meetings as all inclusive for the purposes of a period of suspension applicable to Mr Parkes.
Reasons for Penalty:
The committee considered all of the submissions placed before it. It is clear that the actions of Mr Mo, while unconventional, were legitimate actions available to him in the circumstances. It is clear that Mr Parkes moved inwards from a wide barrier draw, when not sufficiently clear, placing Mr Hannam in a difficult position. The subsequent concertinaed tightening to those runners located to Mr Parkes' inside was a direct result of Mr Parkes' carelessness. The Stipendiary Stewards have submitted that the carelessness falls within the mid-range. We independently assess it to fall at the higher end within the mid-range. These are aggravating features. In mitigation, the committee considered Mr Parkes' good riding record and his admission of the breach. Adopting the JCA Penalty Guidelines starting point of a five day period of suspension, the committee determined that on balance, an uplift of one day was appropriate to acknowledge the weighted aggravating features. Accordingly, a six day period of suspension was an appropriate penalty to impose on this occasion. The committee also noted Mr Parkes' request to defer any period of suspension until the conclusion of racing on 19 September.
When determining which meetings were to be incorporated into the period of suspension, both parties had made consistent submissions as to the inclusion of upcoming Waikato meetings. Such upcoming meetings in that area are all in very close geographical proximity to each other and as such, based on the evidence placed before this committee, we were satisfied that the inclusion of those upcoming pan-Waikato meetings in any period of suspension would be a genuine penalty for Mr Parkes. In essence, Mr Parkes had demonstrated that he is prepared to, and is, riding in those areas, and that since his Appeal decision there had been a change in his riding pattern.
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: db4906b7eb35d157a592c94f3d4ec798
informantnumber: A6820
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 12/09/2015
hearing_title: Marton JC 12 September 2015 - R 2 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 2 (H&T AGRONOMICS/AGRICOM HANDICAP 1200m), Licensed Jockey J Parkes was charged with careless riding under Rule 638(1)(d). The Information stated: "JOBY (J Parkes) shifted ground in the back straight when not clear of FETCHING (R Hannam), GYPSY FAIR (D Mo), DANNY BOY (N Teeluck) and BROKEN BELT (R Goldsbury)."
Mr Parkes confirmed that he understood Rule 638(1)(d) and that he admitted the breach.
Using the head-on film, Mr Goodwin identified all runners named in the Information. JOBY had drawn the outside barrier and located immediately to his inside was FETCHING then GYPSY FAIR, DANNY BOY and BROKEN BELT.
Mr Goodwin pointed out that shortly after the start, GYPSY FAIR had missed the jump, and then in a hurried fashion, Mr Mo had bustled that mount up to the inside of FETCHING. Mr Mo had established himself into that position and was entitled to be there. A short distance further, Mr Parkes' mount moved inwards when not sufficiently clear of Mr Hannam. Mr Goodwin believed Mr Parkes' movement was approximately two horse widths, and Mr Hannam had no option but to move inwards, placing resultant pressure onto Mr Mo, Mr Teeluck and Miss Goldsbury's mounts. Mr Goodwin believed the actions of Mr Mo in being slow away, and then improving quite rapidly was a contributing, but not a major factor. In response to a question from the committee, Mr Goodwin advised that during a preliminary discussion with the riders concerned, Mr Hannam was "quite surprised" that Mr Mo had kicked up into that position. The Stipendiary Stewards maintained that even though it may have been unusual for Mr Mo to take the action he did, there was sufficient room for him to do so, and that he had an entitlement to be where he was.
Mr Parkes advised that he had seen the films three times and he had nothing to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee found the charge proved.
sumissionsforpenalty:
In presenting Mr Parkes' record, Mr Neal submitted two previous suspensions under this rule for the previous 12 month period. His most recent was at Waikato on 15 August which resulted in a six day period of suspension for carelessness in a Group 1 race which also resulted in a relegation. Prior to that, Mr Parkes had received a four day suspension at the Wairarapa Meeting on 9 October 2014. The stewards considered this to be a good record given the frequency of riding that Mr Parkes undertakes. Mr Neal submitted the current incident as falling within the mid-range as Mr Parkes had attempted to improve his position and that general tightening to runners located to Mr Parkes' inside had occurred as a result of his carelessness. He also noted the number of runners affected as an aggravating factor, and suggested that this was to be tempered against the mitigating factors of Mr Parkes' record and early admission of the breach.
Mr Parkes identified that he had confirmed engagements for the coming week and sought a deferral of any period of suspension to commence after racing on Saturday 19 September. When looking at upcoming meetings, Mr Parkes advised the committee that he had ridden at the recent Waikato meeting on Wednesday 9 September. He further stated that of the previous three meetings he had ridden at, two of them had been in the Northern District.
The committee identified the interface with the recent Appeals Tribunal decision (Dated 31 August 2015) in Mr Parkes' name, which touched on the issue of the calculation and application of riding dates within a period of suspension. Mr Neal advised that the stewards were well aware of the Appeal decision, and that up until the date of the Appeals decision, Mr Parkes had not demonstrated that he had been riding in the north, but that there had been a change in approach from him and that he had been more active in securing northern engagements. Mr Parkes confirmed that this was the approach that he and his manager had adopted as a result of his Appeal decision. Mr Neal also advised the committee that the RIU had no objection to upcoming Central Waikato venues being included in any period of suspension.
The Chairman identified that the recent Parkes Appeal decision clearly stated that to have included Matamata in a period of suspension, where Mr Parkes previously had not ridden there, would not have been a genuine period of suspension. In response, Mr Neal stated that Mr Parkes had demonstrated that he was now riding at Waikato meetings outside of Premier days, and that that was quite different from those matters adduced at the Appeal hearing. Mr Neal advised that rather than looking at a track by track approach, a regional perspective of the Waikato area was more appropriate as the Te Aroha racecourse was very close geographically to the Waikato racecourse, and as such the stewards drew no distinction and had no issue with the fact that Mr Parkes had recently ridden at Waikato and that this meant he could easily ride at another course that was geographically close. Mr Neal reiterated, that the important aspect in this hearing was that since the Appeal decision, Mr Parkes had picked up the gauntlet and ridden North of the Central Districts region. In summary, Mr Neal categorised the upcoming Waikato meetings as all inclusive for the purposes of a period of suspension applicable to Mr Parkes.
reasonsforpenalty:
The committee considered all of the submissions placed before it. It is clear that the actions of Mr Mo, while unconventional, were legitimate actions available to him in the circumstances. It is clear that Mr Parkes moved inwards from a wide barrier draw, when not sufficiently clear, placing Mr Hannam in a difficult position. The subsequent concertinaed tightening to those runners located to Mr Parkes' inside was a direct result of Mr Parkes' carelessness. The Stipendiary Stewards have submitted that the carelessness falls within the mid-range. We independently assess it to fall at the higher end within the mid-range. These are aggravating features. In mitigation, the committee considered Mr Parkes' good riding record and his admission of the breach. Adopting the JCA Penalty Guidelines starting point of a five day period of suspension, the committee determined that on balance, an uplift of one day was appropriate to acknowledge the weighted aggravating features. Accordingly, a six day period of suspension was an appropriate penalty to impose on this occasion. The committee also noted Mr Parkes' request to defer any period of suspension until the conclusion of racing on 19 September.
When determining which meetings were to be incorporated into the period of suspension, both parties had made consistent submissions as to the inclusion of upcoming Waikato meetings. Such upcoming meetings in that area are all in very close geographical proximity to each other and as such, based on the evidence placed before this committee, we were satisfied that the inclusion of those upcoming pan-Waikato meetings in any period of suspension would be a genuine penalty for Mr Parkes. In essence, Mr Parkes had demonstrated that he is prepared to, and is, riding in those areas, and that since his Appeal decision there had been a change in his riding pattern.
penalty:
Mr Parkes' Licence is suspended from the close of racing on Saturday 19 September until the close of racing on Friday 2 October. The six day suspension incorporates the Matamata (23rd), Otaki (24th), Te Aroha (25th), Taranaki (26th), Waverley (1st) and Waikato (2nd) meetings.
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: Mr R Neal - Co Chief Stipendiary Steward
JockeysandTrainer: J Parkes - Licensed Jockey
Otherperson: Mr N Goodwin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5491b1ab975c5fe3262308bef820e184
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race_title: R2
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meetdate: 12/09/2015
meet_title: Marton JC - 12 September 2015
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name: Marton JC