Archive Decision

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Hawkes Bay RI – 19 September 2009 – Race 9

ID: JCA18774

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Hawkes Bay RI - 19 September 2009

Race Date:
2009/09/19

Race Number:
Race 9

Decision:

Following Race 9 an Information was filed pursuant to rule 871 (1) (D).  The Informant, Mr J Oatham, alleged that Mr L Innes, rider of CULMINATE, permitted his mount to shift inwards inside the final 200 metres when not sufficiently clear of ‘FRITZY BOY’ who was checked.

--

 



Following Race 9 an Information was filed pursuant to rule 871 (1) (D).  The Informant, Mr J Oatham, alleged that Mr L Innes, rider of CULMINATE, permitted his mount to shift inwards inside the final 200 metres when not sufficiently clear of ‘FRITZY BOY’ who was checked.

--

Mr Innes admitted the breach.

--

Mr N Goodwin demonstrated the film which showed that, soon after entering the home straight, Mr Innes, riding CULMINATE vigorously, move in and take the line of FRITZY BOY when insufficiently clear of that runner.  This caused Mr Walker on FRITZY BOY to steady and take hold of his mount.  Mr Goodwin said that ‘SARRERA (C Grylls) did move out slightly but this did not contribute to the check to FRITZY BOY.

--

Mr Innes in his statement said that initially he was taken out slightly but admitted he did then move in which was an error of judgement on his part.  He said he thought he was 1 ½ lengths clear but he realized subsequently he wasn’t.  He said he shaved Mr Walker who he said was stopping at the time.

--

PENALTY SUBMISSIONS

--

Mr Oatham said Mr Innes had incurred 5 charges in the last 12 months.  He said this constituted a good record.  He submitted the interference was mid range as Mr Innes had moved in several horse widths over a considerable distance.  However he believed Mr Innes’ level of carelessness was at the low end.  He therefore suggested a fine of $1000 - $1500 with a suspension to reflect the low end of carelessness demonstrated which, in his opinion, should be close to 2 weeks.

--

Mr Innes said he only had commitments until tomorrow 20 September 09.

--

PENALTY

--

The Committee carefully considered all submissions and evidence presented before them.

--

In any charge in a Group 1 race the implications of Rule 1122 must be addressed.  In this case they are the consequences and status of the race.  Mitigating factors for Mr Innes are his guilty plea, his good record and his level of carelessness which the Committee considers low.  The consequences were also relatively minor as FRITZY BOY appeared beaten when receiving the interference.
The aggravating factors are that this was a Group 1 race and Mr Innes continued riding forward for a considerable distance when taking the line of FRITZY BOY without correcting his mount.

--

Taking all the above factors into account we impose a suspension on Mr Innes from riding in races to start after racing on 20 September 09 and conclude after racing on 2 October 09.  In addition we impose a fine of $1500.

--

Richard Seabrook
CHAIR
6732

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: 1b0d5c6ceac602523f959630ef243b5c


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 19/09/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Hawkes Bay RI - 19 September 2009 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following Race 9 an Information was filed pursuant to rule 871 (1) (D).  The Informant, Mr J Oatham, alleged that Mr L Innes, rider of CULMINATE, permitted his mount to shift inwards inside the final 200 metres when not sufficiently clear of ‘FRITZY BOY’ who was checked.

--

 



Following Race 9 an Information was filed pursuant to rule 871 (1) (D).  The Informant, Mr J Oatham, alleged that Mr L Innes, rider of CULMINATE, permitted his mount to shift inwards inside the final 200 metres when not sufficiently clear of ‘FRITZY BOY’ who was checked.

--

Mr Innes admitted the breach.

--

Mr N Goodwin demonstrated the film which showed that, soon after entering the home straight, Mr Innes, riding CULMINATE vigorously, move in and take the line of FRITZY BOY when insufficiently clear of that runner.  This caused Mr Walker on FRITZY BOY to steady and take hold of his mount.  Mr Goodwin said that ‘SARRERA (C Grylls) did move out slightly but this did not contribute to the check to FRITZY BOY.

--

Mr Innes in his statement said that initially he was taken out slightly but admitted he did then move in which was an error of judgement on his part.  He said he thought he was 1 ½ lengths clear but he realized subsequently he wasn’t.  He said he shaved Mr Walker who he said was stopping at the time.

--

PENALTY SUBMISSIONS

--

Mr Oatham said Mr Innes had incurred 5 charges in the last 12 months.  He said this constituted a good record.  He submitted the interference was mid range as Mr Innes had moved in several horse widths over a considerable distance.  However he believed Mr Innes’ level of carelessness was at the low end.  He therefore suggested a fine of $1000 - $1500 with a suspension to reflect the low end of carelessness demonstrated which, in his opinion, should be close to 2 weeks.

--

Mr Innes said he only had commitments until tomorrow 20 September 09.

--

PENALTY

--

The Committee carefully considered all submissions and evidence presented before them.

--

In any charge in a Group 1 race the implications of Rule 1122 must be addressed.  In this case they are the consequences and status of the race.  Mitigating factors for Mr Innes are his guilty plea, his good record and his level of carelessness which the Committee considers low.  The consequences were also relatively minor as FRITZY BOY appeared beaten when receiving the interference.
The aggravating factors are that this was a Group 1 race and Mr Innes continued riding forward for a considerable distance when taking the line of FRITZY BOY without correcting his mount.

--

Taking all the above factors into account we impose a suspension on Mr Innes from riding in races to start after racing on 20 September 09 and conclude after racing on 2 October 09.  In addition we impose a fine of $1500.

--

Richard Seabrook
CHAIR
6732


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9c288cdd7e8877458a5b52f68a138c04


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race_emailed1: 0


race_emailed2: 0


race_title: Race 9


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meetdate: 19/09/2009


meet_title: Hawkes Bay RI - 19 September 2009


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meet_racingtype: thoroughbred-racing


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name: Hawkes Bay RI