Archive Decision

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Auckland RC 24 January 2016 – R 6 – Chair, Mr A Dooley

ID: JCA18097

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr R Norvall - Rider of NEALA

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A6936

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 24 January 2016

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2016/01/24

Race Number:
R6

Decision:

As Mr Norvall admitted the breach the Committee find the charge proved.

Penalty:

Accordingly, Mr Norvall had his license to ride in races suspended for a period to commence after racing on 24 January and conclude after racing on 5 February 2016 (5 days).

Facts:

Following the running of race 6, Hallmark Stud Mile, an Information was filed pursuant to Rule 638 (1)(d).The Informant, Mr Oatham, alleged that near the 1400metres Mr Norvall allowed his mount NEALA to shift in when not sufficiently clear of LUCKY SWEEP (S Spratt) and SPAWN OF ELAIA (S Collett) which were both checked.

Mr Norvall acknowledged that he understood the Rule and confirmed his admission of the breach.

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

Mr Coles demonstrated on the video films that 200 metres after the start Mr Norvall shifted in on an acute angle when not the required distance clear of LUCKY SWEEP and SPAWN OF ELAIA. He said Ms Spratt was dictated in onto Ms Collett’s mount and stated the incident cost both horses 2 to 3 lengths. He added that Mr Norvall did make an attempt to straighten his mount but this was too late.

Mr Norvall said the films were self-explanatory and admitted that he reacted too late to avoid the interference.

Submissions for Penalty:

Mr Oatham produced Mr Norvall’s record which showed 2 previous breaches under this Rule in the last 12 months the most recent being 16 December which incurred a 3 day suspension. He said Mr Norvall had a good record and described the level of carelessness as low end. He said Mr Norvall misjudged the situation and submitted a suspension at the low end.

Mr Oatham submitted that Mr Norvall would travel to the Central Region if given the opportunity.

Mr Norvall advised the Committee that any proposed suspension could start immediately and added that he was struggling to get rides.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr Norvall’s admission of the breach and his good record in relation to this Rule for which he has been given credit. However, this has to be balanced against the consequences of Mr Norvall’s actions. We assess the level of carelessness as mid – range because Mr Norvall was only a bare length clear when allowing his mount to shift in. This resulted in 2 horses being checked which cost them both approximately 3 lengths we consider this to be a clear aggravating fact. We also note the stake for the race was $50,000.

The Committee accepts that Mr Norvall has limited riding opportunities and he has on occasions travelled to the Central Region when required. The Committee reminded Mr Norvall that to have these dates included in any future penalty he would need to be able to demonstrate a more regular riding pattern in that region.

After taking into account all the above factors the Committee considers an appropriate suspension was 5 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: ed94124b8ad33bde3baf823b3ebb319f


informantnumber: A6936


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 25/01/2016


hearing_title: Auckland RC 24 January 2016 - R 6 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 6, Hallmark Stud Mile, an Information was filed pursuant to Rule 638 (1)(d).The Informant, Mr Oatham, alleged that near the 1400metres Mr Norvall allowed his mount NEALA to shift in when not sufficiently clear of LUCKY SWEEP (S Spratt) and SPAWN OF ELAIA (S Collett) which were both checked.

Mr Norvall acknowledged that he understood the Rule and confirmed his admission of the breach.

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

Mr Coles demonstrated on the video films that 200 metres after the start Mr Norvall shifted in on an acute angle when not the required distance clear of LUCKY SWEEP and SPAWN OF ELAIA. He said Ms Spratt was dictated in onto Ms Collett’s mount and stated the incident cost both horses 2 to 3 lengths. He added that Mr Norvall did make an attempt to straighten his mount but this was too late.

Mr Norvall said the films were self-explanatory and admitted that he reacted too late to avoid the interference.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Norvall admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Norvall’s record which showed 2 previous breaches under this Rule in the last 12 months the most recent being 16 December which incurred a 3 day suspension. He said Mr Norvall had a good record and described the level of carelessness as low end. He said Mr Norvall misjudged the situation and submitted a suspension at the low end.

Mr Oatham submitted that Mr Norvall would travel to the Central Region if given the opportunity.

Mr Norvall advised the Committee that any proposed suspension could start immediately and added that he was struggling to get rides.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr Norvall’s admission of the breach and his good record in relation to this Rule for which he has been given credit. However, this has to be balanced against the consequences of Mr Norvall’s actions. We assess the level of carelessness as mid – range because Mr Norvall was only a bare length clear when allowing his mount to shift in. This resulted in 2 horses being checked which cost them both approximately 3 lengths we consider this to be a clear aggravating fact. We also note the stake for the race was $50,000.

The Committee accepts that Mr Norvall has limited riding opportunities and he has on occasions travelled to the Central Region when required. The Committee reminded Mr Norvall that to have these dates included in any future penalty he would need to be able to demonstrate a more regular riding pattern in that region.

After taking into account all the above factors the Committee considers an appropriate suspension was 5 days.


penalty:

Accordingly, Mr Norvall had his license to ride in races suspended for a period to commence after racing on 24 January and conclude after racing on 5 February 2016 (5 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr R Norvall - Rider of NEALA


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 8c7320f52463a1839665fe64f23223cb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c5a3019072683a30d63152d7794e0053


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/01/2016


meet_title: Auckland RC - 24 January 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Auckland RC