Archive Decision

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Ashburton RC – 28 September 2007 – Race 6

ID: JCA18421

Hearing Type:
Old Hearing

Rules:
871.1.d

Hearing Type (Code):
thoroughbred-racing

Decision: --

Following the running of Race 6, the Berkley Stud Handicap, Stipendiary Steward Mr S. C. Ching laid an information pursuant to Rule 871(1)(d) alleging careless riding by Apprentice Jockey Mr C. K. Ormsby.



--

DECISION AND REASONS:

--

Following the running of Race 6, the Berkley Stud Handicap, Stipendiary Steward Mr S. C. Ching laid an information pursuant to Rule 871(1)(d) alleging careless riding by Apprentice Jockey Mr C. K. Ormsby.

--

The information reads as follows.

--

"I the abovenamed informant allege that the abovenamed Defendant

------

committed a breach of Rule 871(1)(d) in that C. Ormsby rider of Our Fred shifted ground inwards near the 800mts causing Bilbo Baggins (J. Todd) to check and lose position"

--

Rule 871(1)(d) reads as follows.

--

"(1) Every rider commits a breach of these Rules who in the opinion of the

--

Judicial Committee is guilty of riding which was:

--

(d) Careless'."

--

Mr Ormsby had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. Mr Ormsby was assisted by Mr T. J. Hazlett.

--

Jockey Mr J. R. Todd gave evidence that he was travelling on the fence with Mr Ormsby on his outside, and Mr Ormsby's horse was going better than his. With about 800 metres to run Mr Ormsby moved inwards when he was only about ? of a length in front of him, and he had to take hold of his horse and this resulted in him losing his position and ending up behind Mr Ormsby.

--

Mr Ching used video coverage to illustrate this incident.

--

Mr Hazlett asked Mr Todd if there was room for him on his inside, and put it to him that there was 1 ? 2 horse widths on his inside. It was Mr Hazlett's case that Mr Todd had an option to move inwards rather than take hold of his horse. Mr Todd did not agree and said that he was entitled to keep his line, and believed that he had no option but to check.

--

After hearing the evidence we adjourned to consider our decision. We were satisfied that Mr Ormsby was travelling on the outside of Mr Todd and that he moved inwards taking Mr Todd's line. We were also satisfied that Mr Ormsby's actions had caused Mr Todd to take hold of his horse, check, and lose his position. On returning to the Enquiry Room we gave the following oral decision.

--

"Having heard the evidence and having seen the video evidence we are satisfied that Mr Ormsby did cross over when not clear of Mr Todd's mount. We are satisfied this is the reason why Mr Todd checked his horse and lost his position. We find the charge proved."

--

Penalty: In relation to penalty Mr Ching advised that Mr Ormsby had been suspended on four occasions in the last 12 months, the most recent being on 15 August 2007 when he had received a 4 day suspension. Mr Ching also said that the breach was "mid range" and that it should be taken into account that Mr Ormsby has a large number of rides and that his riding has improved in recent times.

--

On behalf of Mr Ormsby Mr Hazlett said that since about the end of March 2007 Mr Ormsby has been apprenticed to his partner, Miss P. M. Gerard, and that since that time his riding and attitude had improved. It should also be taken into account that Mr Ormsby had only been suspended on one occasion in the last 6 months. Finally Mr Hazlett said that Mr Ormsby had a good opportunity to have rides on Kelt Capital Stakes day at Hastings on 6 October 2007 if he was able to ride on that day, and raised the possibility of a fine plus a suspension so that he could ride on that day.

--

Mr Ormsby and Mr Hazlett confirmed that Mr Ormsby was riding at Auckland on 29 September 2007. After that date his forthcoming meetings were Avondale (3/10), Waikato (5/10), Hawkes Bay (or possibly Canterbury) (6/10), Paeroa (7/10) and Counties (10/10).

--

We adjourned to consider the question of penalty, and on returning to the Enquiry Room we advised that in coming to our decision on penalty we had taken the following matters into account.

--
    --
      --
    • That this breach was "mid range".
    • --
    • Mr Ormsby's good riding record over the last 6 months.
    • --
    • That a 3 day suspension would include a Premier race day.
------

Taking all these matters into account Mr Ormsby was suspended from after

--

the completion of racing on 29 September 2007 until after the completion of racing on 6 October 2007, this being a 3 day suspension.

--

 

--

____________

--

J. M. Phelan

--

Chairman

--

--

 

--

 

--

 

--

 

--

 

--

Decision Date: 28/09/2007

Publish Date: 28/09/2007

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: 0001fee11ac8c16b80be74afa835fba7


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 28/09/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Ashburton RC - 28 September 2007 - Race 6


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Following the running of Race 6, the Berkley Stud Handicap, Stipendiary Steward Mr S. C. Ching laid an information pursuant to Rule 871(1)(d) alleging careless riding by Apprentice Jockey Mr C. K. Ormsby.



--

DECISION AND REASONS:

--

Following the running of Race 6, the Berkley Stud Handicap, Stipendiary Steward Mr S. C. Ching laid an information pursuant to Rule 871(1)(d) alleging careless riding by Apprentice Jockey Mr C. K. Ormsby.

--

The information reads as follows.

--

"I the abovenamed informant allege that the abovenamed Defendant

------

committed a breach of Rule 871(1)(d) in that C. Ormsby rider of Our Fred shifted ground inwards near the 800mts causing Bilbo Baggins (J. Todd) to check and lose position"

--

Rule 871(1)(d) reads as follows.

--

"(1) Every rider commits a breach of these Rules who in the opinion of the

--

Judicial Committee is guilty of riding which was:

--

(d) Careless'."

--

Mr Ormsby had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. Mr Ormsby was assisted by Mr T. J. Hazlett.

--

Jockey Mr J. R. Todd gave evidence that he was travelling on the fence with Mr Ormsby on his outside, and Mr Ormsby's horse was going better than his. With about 800 metres to run Mr Ormsby moved inwards when he was only about ? of a length in front of him, and he had to take hold of his horse and this resulted in him losing his position and ending up behind Mr Ormsby.

--

Mr Ching used video coverage to illustrate this incident.

--

Mr Hazlett asked Mr Todd if there was room for him on his inside, and put it to him that there was 1 ? 2 horse widths on his inside. It was Mr Hazlett's case that Mr Todd had an option to move inwards rather than take hold of his horse. Mr Todd did not agree and said that he was entitled to keep his line, and believed that he had no option but to check.

--

After hearing the evidence we adjourned to consider our decision. We were satisfied that Mr Ormsby was travelling on the outside of Mr Todd and that he moved inwards taking Mr Todd's line. We were also satisfied that Mr Ormsby's actions had caused Mr Todd to take hold of his horse, check, and lose his position. On returning to the Enquiry Room we gave the following oral decision.

--

"Having heard the evidence and having seen the video evidence we are satisfied that Mr Ormsby did cross over when not clear of Mr Todd's mount. We are satisfied this is the reason why Mr Todd checked his horse and lost his position. We find the charge proved."

--

Penalty

: In relation to penalty Mr Ching advised that Mr Ormsby had been suspended on four occasions in the last 12 months, the most recent being on 15 August 2007 when he had received a 4 day suspension. Mr Ching also said that the breach was "mid range" and that it should be taken into account that Mr Ormsby has a large number of rides and that his riding has improved in recent times.--

On behalf of Mr Ormsby Mr Hazlett said that since about the end of March 2007 Mr Ormsby has been apprenticed to his partner, Miss P. M. Gerard, and that since that time his riding and attitude had improved. It should also be taken into account that Mr Ormsby had only been suspended on one occasion in the last 6 months. Finally Mr Hazlett said that Mr Ormsby had a good opportunity to have rides on Kelt Capital Stakes day at Hastings on 6 October 2007 if he was able to ride on that day, and raised the possibility of a fine plus a suspension so that he could ride on that day.

--

Mr Ormsby and Mr Hazlett confirmed that Mr Ormsby was riding at Auckland on 29 September 2007. After that date his forthcoming meetings were Avondale (3/10), Waikato (5/10), Hawkes Bay (or possibly Canterbury) (6/10), Paeroa (7/10) and Counties (10/10).

--

We adjourned to consider the question of penalty, and on returning to the Enquiry Room we advised that in coming to our decision on penalty we had taken the following matters into account.

--
    --
    --
  • That this breach was "mid range".
  • --
  • Mr Ormsby's good riding record over the last 6 months.
  • --
  • That a 3 day suspension would include a Premier race day.
------

Taking all these matters into account Mr Ormsby was suspended from after

--

the completion of racing on 29 September 2007 until after the completion of racing on 6 October 2007, this being a 3 day suspension.

--

 

--

____________--

J. M. Phelan

--

Chairman

--

--

 

--

 

--

 

--

 

--

 

--


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Rules: 871.1.d


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