Archive Decision

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Racing Rotorua – 19 November 2009 – Race 2

ID: JCA18485

Hearing Type:
Old Hearing

Rules:
638.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Racing Rotorua - 19 November 2009

Race Date:
2009/11/19

Race Number:
Race 2

Decision:

Following race two an information was filed pursuant to Rule 638(1)(d).  The informant, Mr Coles, alleged that Mr V Ho, rider of GUANANJUATO, permitted his mount to shift inwards near the 900 metres.  He alleged that Mr Ho was not sufficiently clear of I’M JAKE (N Collett) who was dictated inwards causing crowding to HANDSOME KASH (C Parish) who was checked. 

--

 



Following race two an information was filed pursuant to Rule 638(1)(d).  The informant, Mr Coles, alleged that Mr V Ho, rider of GUANANJUATO, permitted his mount to shift inwards near the 900 metres.  He alleged that Mr Ho was not sufficiently clear of I’M JAKE (N Collett) who was dictated inwards causing crowding to HANDSOME KASH (C Parish) who was checked. 

--

Mr Ho did not admit the breach, and was represented by his employer, Mr A Scott.

--

Mr Oatham demonstrated the video films which showed Mr Ho riding GUANANJUATO racing in a loose four wide position.  At the 1200 metres half-way down the straight the field started to tighten and approaching the 900 metres Mr Ho directed his mount in when only a bare length clear of I’M JAKE.  This resulted in Miss Collett being forced in and putting pressure on HANDSOME KASH who was checked.  This resulted in Mr Ho finishing up in a two off position.

--

Mr C Parish (HANDSOME KASH) said he did receive pressure from outside which he said was caused by Miss Collett having to move in when only one length clear of him.  He said he did have to check out of his rightful line of running, and as a result lost approximately two lengths.

--

Miss Collett (I’M JAKE) said she did receive pressure from the outside, but also some from the inside.

--

Mr Scott for Mr Ho said GUANANJUATO was a strong horse, was fresh today and could have been above Mr Ho’s control.  He said there was pressure from both sides, and he believed Mr Parish contributed to the interference.  He said that the incident was at the bend and with the new camber horses tended to roll in. 

--

Mr Ho said he believed Mr Parish was easing up before he moved in.

--

Mr Coles said he did not believe the horse was difficult and Mr Parish was entitled to be racing where he was.

--

DECISION:
The Committee carefully considered all evidence as presented and are clearly satisfied that Mr Ho did allow his mount to move in and take the line of I’M JAKE when insufficiently clear of that runner.  Accordingly we find the charge proven.

--

PENALTY SUBMISSIONS:
Mr Coles presented Mr Ho’s record which he said was poor, with five previous charges since 2 May 2009.  He submitted a suspension of 5 – 7 days would be appropriate.

--

Mr Scott said this offence was right at the low end and but for his record could well have been a warning.

--

PENALTY:
The Committee considered all submissions before imposing an appropriate penalty.  In this particular case the aggravating factor is Mr Ho’s record.  The Committee expressed its concern to Mr Scott and Mr Ho.  In mitigation, however, we believe this particular offence was at the low end of carelessness.  As Mr Ho will not finish his impending suspension until the conclusion of racing on 2 December, we therefore suspend Mr Ho from riding in races from that date until the conclusion of racing on 10 December 2009 (5 days).

--


R Seabrook           D Johnstone 
CHAIR                    Committee Member
5618

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: 038fdd3ed2c1215eafadefa189f7e1aa


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 19/11/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Racing Rotorua - 19 November 2009 - Race 2


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following race two an information was filed pursuant to Rule 638(1)(d).  The informant, Mr Coles, alleged that Mr V Ho, rider of GUANANJUATO, permitted his mount to shift inwards near the 900 metres.  He alleged that Mr Ho was not sufficiently clear of I’M JAKE (N Collett) who was dictated inwards causing crowding to HANDSOME KASH (C Parish) who was checked. 

--

 



Following race two an information was filed pursuant to Rule 638(1)(d).  The informant, Mr Coles, alleged that Mr V Ho, rider of GUANANJUATO, permitted his mount to shift inwards near the 900 metres.  He alleged that Mr Ho was not sufficiently clear of I’M JAKE (N Collett) who was dictated inwards causing crowding to HANDSOME KASH (C Parish) who was checked. 

--

Mr Ho did not admit the breach, and was represented by his employer, Mr A Scott.

--

Mr Oatham demonstrated the video films which showed Mr Ho riding GUANANJUATO racing in a loose four wide position.  At the 1200 metres half-way down the straight the field started to tighten and approaching the 900 metres Mr Ho directed his mount in when only a bare length clear of I’M JAKE.  This resulted in Miss Collett being forced in and putting pressure on HANDSOME KASH who was checked.  This resulted in Mr Ho finishing up in a two off position.

--

Mr C Parish (HANDSOME KASH) said he did receive pressure from outside which he said was caused by Miss Collett having to move in when only one length clear of him.  He said he did have to check out of his rightful line of running, and as a result lost approximately two lengths.

--

Miss Collett (I’M JAKE) said she did receive pressure from the outside, but also some from the inside.

--

Mr Scott for Mr Ho said GUANANJUATO was a strong horse, was fresh today and could have been above Mr Ho’s control.  He said there was pressure from both sides, and he believed Mr Parish contributed to the interference.  He said that the incident was at the bend and with the new camber horses tended to roll in. 

--

Mr Ho said he believed Mr Parish was easing up before he moved in.

--

Mr Coles said he did not believe the horse was difficult and Mr Parish was entitled to be racing where he was.

--

DECISION:
The Committee carefully considered all evidence as presented and are clearly satisfied that Mr Ho did allow his mount to move in and take the line of I’M JAKE when insufficiently clear of that runner.  Accordingly we find the charge proven.

--

PENALTY SUBMISSIONS:
Mr Coles presented Mr Ho’s record which he said was poor, with five previous charges since 2 May 2009.  He submitted a suspension of 5 – 7 days would be appropriate.

--

Mr Scott said this offence was right at the low end and but for his record could well have been a warning.

--

PENALTY:
The Committee considered all submissions before imposing an appropriate penalty.  In this particular case the aggravating factor is Mr Ho’s record.  The Committee expressed its concern to Mr Scott and Mr Ho.  In mitigation, however, we believe this particular offence was at the low end of carelessness.  As Mr Ho will not finish his impending suspension until the conclusion of racing on 2 December, we therefore suspend Mr Ho from riding in races from that date until the conclusion of racing on 10 December 2009 (5 days).

--


R Seabrook           D Johnstone 
CHAIR                    Committee Member
5618


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 638.1.d


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Otherperson:


PersonPresent:


Respondent:


StipendSteward:


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