Avondale JC – 5 December 2009 – Race 6
ID: JCA18721
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Avondale JC - 5 December 2009
Race Date:
2009/12/05
Race Number:
Race 6
Decision:
Mr Oatham alleged that Mr Peard was guilty of careless riding in race 6 in that he allowed his mount AT THE TOP to shift out near the 500 metres when not sufficiently clear of TAKE FLIGHT (E Dalley), which was checked. Rule 638(1)(d).
--
Mr Oatham alleged that Mr Peard was guilty of careless riding in race 6 in that he allowed his mount AT THE TOP to shift out near the 500 metres when not sufficiently clear of TAKE FLIGHT (E Dalley), which was checked. Rule 638(1)(d).
--Mr Peard did not admit the charge.
--Mr Oatham had Mr Williamson, stipendiary steward, show the incident on the videos. He demonstrated that Mr Peard on AT THE TOP was positioned adjacent to the running rail near the tail of the field. He alleged Mr Peard shifted to the 2 wide line when at best 1/2 to 3/4 of a length clear of TAKE FLIGHT, with that horse being pushed across the heels of MACASTAR (Ms T Thornton). Mr Dalley had to check his mount.
--Mr Oatham then called Mr Dalley to give evidence. While acknowledging that he had had to check his mount off the heels of MACASTAR because of tightening, Mr Dalley was initially reluctant to accept that Mr Peard had moved out, and he said TAKE FLIGHT was not travelling well at the time. However, when shown the video and questioned by Mr Oatham, he stated there was outwards pressure from AT THE TOP. He said when Mr Peard came out he was only a length clear. He said he believed Mr Peard was able to shift out in these circumstances but agreed with Mr Oatham that there was a safety issue, should this be the case.
--Mr Peard said TAKE FLIGHT was racing erratically and that this was the reason for the horse coming across the heels of MACASTAR. He had come out looking for a run at the time Mr Dalley had checked off heels. He said Mr Dalley had checked himself. He said he believed he was entitled to improve at that point of the race. He did not deny he had moved out. When questioned by the Committee as to whether he was his length and another clear, he accepted he was not. He said TAKE FLIGHT had received only a minor check. He said that that horse had had to check off one heel for only 2 strides. He added that horses naturally roll out when going around bends.
--The following oral decision was delivered on the day, with the defendant being informed that a full written decision recounting the evidence would be posted on the Judicial Control Authority website.
--Decision
We are satisfied on hearing evidence from Mr Dalley and from viewing the incident from a number of video angles that near the 500 metres mark the defendant moved out from his position on the running rail into the one out position and, in so doing, moved into the running line of TAKE FLIGHT (Mr E Dalley). Mr Dalley had to check his mount and he then moved 3 wide. We are further satisfied that when Mr Peard moved to the 2 wide line he was not his length and another length clear. We thus find Mr Peard to be in breach of Rule 638(1)(d), careless riding.
Penalty
Mr Oatham described the level of carelessness and the degree of interference as at low to mid end, and asked for a suspension. He described the breach as being “towards the lower end of the scale of suspendable offences”. He produced Mr Peard’s record, which showed one breach of this rule this season on 17 April, when Mr Peard was suspended for 5 days. Mr Oatham described this record as very good. Mr Peard indicated that he did not wish to comment on penalty other than the fact that he wished any period of suspension to commence immediately. It was agreed that he should be regarded as a North Island rider.
We view the seriousness of the breach as being mid range but at the lower end of that range. We give credit for Mr Peard’s very good record this season, and believe the matter can be dealt with by way of a 4 day suspension. (Riders are already declared for Sunday.) Mr Peard is suspended from the end of racing today up to and including Saturday 12 December.
--G Hall A Dooley
CHAIR Committee Member
139
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: 10b1c24a70e5cadf31540393bea2b51c
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 05/12/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Avondale JC - 5 December 2009 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Oatham alleged that Mr Peard was guilty of careless riding in race 6 in that he allowed his mount AT THE TOP to shift out near the 500 metres when not sufficiently clear of TAKE FLIGHT (E Dalley), which was checked. Rule 638(1)(d).
--
Mr Oatham alleged that Mr Peard was guilty of careless riding in race 6 in that he allowed his mount AT THE TOP to shift out near the 500 metres when not sufficiently clear of TAKE FLIGHT (E Dalley), which was checked. Rule 638(1)(d).
--Mr Peard did not admit the charge.
--Mr Oatham had Mr Williamson, stipendiary steward, show the incident on the videos. He demonstrated that Mr Peard on AT THE TOP was positioned adjacent to the running rail near the tail of the field. He alleged Mr Peard shifted to the 2 wide line when at best 1/2 to 3/4 of a length clear of TAKE FLIGHT, with that horse being pushed across the heels of MACASTAR (Ms T Thornton). Mr Dalley had to check his mount.
--Mr Oatham then called Mr Dalley to give evidence. While acknowledging that he had had to check his mount off the heels of MACASTAR because of tightening, Mr Dalley was initially reluctant to accept that Mr Peard had moved out, and he said TAKE FLIGHT was not travelling well at the time. However, when shown the video and questioned by Mr Oatham, he stated there was outwards pressure from AT THE TOP. He said when Mr Peard came out he was only a length clear. He said he believed Mr Peard was able to shift out in these circumstances but agreed with Mr Oatham that there was a safety issue, should this be the case.
--Mr Peard said TAKE FLIGHT was racing erratically and that this was the reason for the horse coming across the heels of MACASTAR. He had come out looking for a run at the time Mr Dalley had checked off heels. He said Mr Dalley had checked himself. He said he believed he was entitled to improve at that point of the race. He did not deny he had moved out. When questioned by the Committee as to whether he was his length and another clear, he accepted he was not. He said TAKE FLIGHT had received only a minor check. He said that that horse had had to check off one heel for only 2 strides. He added that horses naturally roll out when going around bends.
--The following oral decision was delivered on the day, with the defendant being informed that a full written decision recounting the evidence would be posted on the Judicial Control Authority website.
--Decision
We are satisfied on hearing evidence from Mr Dalley and from viewing the incident from a number of video angles that near the 500 metres mark the defendant moved out from his position on the running rail into the one out position and, in so doing, moved into the running line of TAKE FLIGHT (Mr E Dalley). Mr Dalley had to check his mount and he then moved 3 wide. We are further satisfied that when Mr Peard moved to the 2 wide line he was not his length and another length clear. We thus find Mr Peard to be in breach of Rule 638(1)(d), careless riding.
Penalty
Mr Oatham described the level of carelessness and the degree of interference as at low to mid end, and asked for a suspension. He described the breach as being “towards the lower end of the scale of suspendable offences”. He produced Mr Peard’s record, which showed one breach of this rule this season on 17 April, when Mr Peard was suspended for 5 days. Mr Oatham described this record as very good. Mr Peard indicated that he did not wish to comment on penalty other than the fact that he wished any period of suspension to commence immediately. It was agreed that he should be regarded as a North Island rider.
We view the seriousness of the breach as being mid range but at the lower end of that range. We give credit for Mr Peard’s very good record this season, and believe the matter can be dealt with by way of a 4 day suspension. (Riders are already declared for Sunday.) Mr Peard is suspended from the end of racing today up to and including Saturday 12 December.
--G Hall A Dooley
CHAIR Committee Member
139
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 638.1.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 125e35b3b5d695f2dbc1b5e914e3b603
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 510512f940e80ce6edfb79e15cafebbe
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/12/2009
meet_title: Avondale JC - 5 December 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Avondale JC