Avondale JC 13 January 2014 – R 3 (Adjourned – heard 22 January 2014)
ID: JCA19324
Hearing Type (Code):
thoroughbred-racing
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
(Adjourned Hearing held at Te Rapa on January 22)
Informant: Mr A Coles - Stipendiary Steward
Respondent: Miss A Taylor - Licensed Apprentice Rider of JIGGER INN
Information No: A2792
Meeting: Avondale Jockey Club
Date: 13 January 2014
Venue: Avondale
Rule No: 636(1) (d)
Race: 3
Judicial Committee: A Dooley, Chairman - R Seabrook, Committee Member
Plea: Admitted
Persons Present: Mr Williamson – Stipendiary Steward
Miss A Taylor assisted by her employer Mr G Rogerson
Mr J Oatham – Senior Stipendiary Steward
Charge
Following the running of Race 3, Avondale Supporters Club 1600 on January 13 2014, an Information was filed pursuant to Rule 636(1)(d). The Informant, Mr Coles, alleged that Miss Taylor failed to ride JIGGER INN out to the end of the race when there was a reasonable chance of JIGGER INN finishing in a better position.
Miss Taylor was present at the hearing and assisted by Mr G Barlow.
Miss Taylor signed the Information but did not advise the Committee if she was admitting or denying the breach.
Miss Taylor informed the Committee that she had contacted her employer Mr G Rogerson, who was not present on course. Mr Rogerson requested an adjournment to this hearing on the basis that it would allow him time to view the films and be present at an adjourned hearing.
The Committee explained to Miss Taylor and Mr Barlow this is a reasonably serious breach if proved and under the circumstances that were raised would grant an adjournment to the hearing.
The adjourned hearing was held prior to Race 1 at Te Rapa races on January 22.
Mr Coles read the Rule and Miss Taylor acknowledged that she understood the nature and seriousness of the charge, the Rule and admitted the breach.
Miss Taylor was present at the adjourned hearing and her employer Mr Rogerson spoke on her behalf.
Rule 636(1) (d) provides: that being the rider of a horse in a race must ride his or her horse out to the end of the race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.
Prior to the commencement of this hearing Mr Rogerson asked the Committee to consider whether an adjournment would be appropriate as he wished to raise a medical issue in regard to Miss Taylor.
As Mr Rogerson has had 9 nine days since the Information was filed to submit any evidence regarding Miss Taylor’s medical issue, the Committee is satisfied that the hearing should proceed today.
Mr Oatham advised the Committee that he had been in contact with Mr Neal, Co-Chief Stipendiary Steward, and he had no objection to this hearing being heard today.
The film evidence from the alleged breach at Avondale on January 13:
Mr Williamson identified on the video films that JIGGER INN was leading the field and racing in a 2 off position approaching the final 150 metres. Racing on his inside was BERGERAC and on his outside was JUD STRUNK. He demonstrated on the head on video film that at the 150 metres Miss Taylor was riding her mount forward with the whip but in the last 5 or 6 strides she completely sat up. He noted BERGERAC was finishing well along the rail making up ¾ of a length on JIGGER INN over the final 100 metres to finish a nose ahead in 3rd position. He added JIGGER INN moved in slightly under pressure but never to a great extent.
Mr Rogerson submitted that JIGGER INN was under enormous pressure up the straight. He said the only reason Miss Taylor stopped riding was to pull her mount off BERGERAC to give that horse his rightful line of running. He believed Miss Taylor only stopped riding for 2 strides and was of the view that the charge had gone from a serious breach to one with mitigating circumstances. Mr Rogerson did state that Miss Taylor should have thrown everything at her mount in the last 2 or 3 strides.
Miss Taylor confirmed that Miss Smyth the rider of BERGERAC was yelling at her over the final stages when her mount was rolling in.
In response to a question from Mr Rogerson, Miss Taylor admitted she was riding in pain due to a medical issue over the final stages of the race and had nothing further to add.
Decision
As Miss Taylor admitted the breach we find the charge proved.
Submissions for Penalty
Mr Coles produced Miss Taylor’s record which showed previous breaches of this Rule on 25.7.09 which incurred a 3 week suspension, on the 23.2.12 which incurred a 4 day suspension when missing 4th place and then on the 12.1.14 she incurred a $200 fine when losing 5th place.
Mr Coles referred to a similar recent decision (Mrs T, 27.6.12) which attracted a 3 week (11 days) suspension and submitted a suspension of 3 to 4 weeks would be appropriate in this charge today.
Mr Rogerson submitted that the last appeal he was involved in showed that the rider’s record should not be taken into account. He submitted a mitigating factor in this case was Miss Taylor’s medical issue and made reference to her Doctor’s details. He added a further mitigating factor was JIGGER INN was laying in on BERGERAC over the final stages and Miss Taylor relieved the pressure to allow BERGERAC the run to which it was entitled to. Mr Rogerson submitted this breach was a minor mistake and the penalty should only be a matter of days. He concluded by saying the Committee could consider imposing a warning or good behaviour bond on Miss Taylor.
Mr Rogerson initially advised that Miss Taylor had upcoming commitments at Te Teko on January 27, and any proposed suspension could commence after that.
Mr Rogerson then submitted to the Committee that Miss Taylor was riding everywhere and rode at the Christchurch Cup meeting in November last year.
The Committee informed Mr Rogerson that we did not accept Miss Taylor had a history of riding in the South Island. We requested Mr Coles to produce Miss Taylor’s record which showed she had only ridden in the South Island on the 9th and 11th of November during cup week at Christchurch last year. We advised Mr Rogerson that we would require more evidence from him as to where Miss Taylor will be riding in the near future before we impose penalty.
At this stage Mr Rogerson told the Committee that he had been in contact with Mr Pitman who said he had engagements for Miss Taylor at the upcoming South Island meeting on January 29 and February 3. The Committee raised some concerns with Mr Rogerson with regard to these South Island meetings and requested him to call Mr Pitman and confirm these engagements to the Committee. After hearing from and questioning Mr Pitman via mobile phone the Committee is satisfied that these engagements are valid. On the basis of the evidence provided for this rare occurrence these 2 dates can be included in any proposed suspension.
Mr Pitman further submitted that he had been in contact with Mr Rogerson previously as to swapping his apprentice Mrs B Pitman with Miss Taylor. This was planned for a short period of time to further their experience and was proposing to implement this next week.
Consequently this Committee would expect to see some evidence of Miss Taylor riding in the South Island in the near future.
Following the phone call and the Committee’s acceptance of the discussion Mr Rogerson then submitted that any proposed suspension on Miss Taylor start after racing today and not after racing at Te Teko.
In response to a question from the Committee, Mr Rogerson submitted that he did not wish Miss Taylor to have a deferment to any proposed suspension.
We note the Stipendiary Stewards had no objection to Mr Rogerson’s submissions.
Reasons for Penalty
The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Miss Taylor’s admission of the breach. The aggravating factor is that the betting public were potentially let down by Miss Taylor’s actions. We reviewed the video films over the final 100 metres which showed Miss Taylor eased up for 5 strides prior to the finish and we believe this clearly cost JIGGER INN 3rd place. We accept that Miss Taylor relieved the pressure which was on BERGERAC but in the final 5 to 6 strides it is clearly evident that Miss Taylor made no attempt to ride her mount out to the finish line and for this reason we do not believe this is a mitigating factor. We consider this breach to be an error of judgement for an experienced apprentice rider. The betting public who had taken JIGGER INN for a place and trifecta could be expected to feel aggrieved by Miss Taylor’s failing to ride her mount all the way to the finish line.
We note the connections of JIGGER INN were disadvantaged by Miss Taylor’s actions with the prize money for 3rd place $700 against $350 for 4th place.
The Committee is of the view that there was no intent by Miss Taylor’s to deliberately ease her mount in the run to the finish line, other than she made an error of judgement.
In determining penalty, the Committee had regard for the need to maintain integrity and public confidence in racing. We note the JCA penalty guide recommends a starting point of 3 weeks, with regard being had to the placing involved. We referred to the JCA listing of penalties for similar breaches before imposing penalty. These records showed that 7, 9 and 11 days were the consistent penalties imposed when a rider was beaten into a minor place after taking all factors into account.
The Committee is concerned that Miss Taylor breached this Rule in July 2009 and incurred a 3 week suspension when placed 4th and on February 2012 when placed 5th incurred a 4 day suspension. Another aggravating factor is Miss Taylor was fined $200 on January 12 this year for failing to ride her mount out fully to the finish when beaten for 5th place. We assess Miss Taylor’s record under this Rule as fair and had regard for her status as an apprentice rider.
The Committee carefully considered the submission put forward by Mr Rogerson with regard to Miss Taylor’s recent medical issue. However, the films clearly showed that Miss Taylor rode her mount vigorously in the home straight prior to this incident. In the Committee’s opinion there is no evidence to suggest the “pain factor” contributed to Miss Taylor failing to ride her mount out to the end of the race.
After taking into account all the above factors we consider an appropriate penalty is a 9 day suspension.
Penalty
Accordingly, we impose a suspension on Miss Taylor which will commence after racing on 22 January and conclude after racing on February 3, 2014 (9 days).
That period of suspension encompasses meetings at Rotorua, Wellington, Ellerslie, Te Teko, Christchurch, Hastings, Te Rapa, New Plymouth and Banks Peninsula.
Decision Date: 13/01/2014
Publish Date: 13/01/2014
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.
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startdate: 13/01/2014
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decisiondate: no date provided
hearing_title: Avondale JC 13 January 2014 - R 3 (Adjourned - heard 22 January 2014)
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reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
(Adjourned Hearing held at Te Rapa on January 22)
Informant: Mr A Coles - Stipendiary Steward
Respondent: Miss A Taylor - Licensed Apprentice Rider of JIGGER INN
Information No: A2792
Meeting: Avondale Jockey Club
Date: 13 January 2014
Venue: Avondale
Rule No: 636(1) (d)
Race: 3
Judicial Committee: A Dooley, Chairman - R Seabrook, Committee Member
Plea: Admitted
Persons Present: Mr Williamson – Stipendiary Steward
Miss A Taylor assisted by her employer Mr G Rogerson
Mr J Oatham – Senior Stipendiary Steward
Charge
Following the running of Race 3, Avondale Supporters Club 1600 on January 13 2014, an Information was filed pursuant to Rule 636(1)(d). The Informant, Mr Coles, alleged that Miss Taylor failed to ride JIGGER INN out to the end of the race when there was a reasonable chance of JIGGER INN finishing in a better position.
Miss Taylor was present at the hearing and assisted by Mr G Barlow.
Miss Taylor signed the Information but did not advise the Committee if she was admitting or denying the breach.
Miss Taylor informed the Committee that she had contacted her employer Mr G Rogerson, who was not present on course. Mr Rogerson requested an adjournment to this hearing on the basis that it would allow him time to view the films and be present at an adjourned hearing.
The Committee explained to Miss Taylor and Mr Barlow this is a reasonably serious breach if proved and under the circumstances that were raised would grant an adjournment to the hearing.
The adjourned hearing was held prior to Race 1 at Te Rapa races on January 22.
Mr Coles read the Rule and Miss Taylor acknowledged that she understood the nature and seriousness of the charge, the Rule and admitted the breach.
Miss Taylor was present at the adjourned hearing and her employer Mr Rogerson spoke on her behalf.
Rule 636(1) (d) provides: that being the rider of a horse in a race must ride his or her horse out to the end of the race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.
Prior to the commencement of this hearing Mr Rogerson asked the Committee to consider whether an adjournment would be appropriate as he wished to raise a medical issue in regard to Miss Taylor.
As Mr Rogerson has had 9 nine days since the Information was filed to submit any evidence regarding Miss Taylor’s medical issue, the Committee is satisfied that the hearing should proceed today.
Mr Oatham advised the Committee that he had been in contact with Mr Neal, Co-Chief Stipendiary Steward, and he had no objection to this hearing being heard today.
The film evidence from the alleged breach at Avondale on January 13:
Mr Williamson identified on the video films that JIGGER INN was leading the field and racing in a 2 off position approaching the final 150 metres. Racing on his inside was BERGERAC and on his outside was JUD STRUNK. He demonstrated on the head on video film that at the 150 metres Miss Taylor was riding her mount forward with the whip but in the last 5 or 6 strides she completely sat up. He noted BERGERAC was finishing well along the rail making up ¾ of a length on JIGGER INN over the final 100 metres to finish a nose ahead in 3rd position. He added JIGGER INN moved in slightly under pressure but never to a great extent.
Mr Rogerson submitted that JIGGER INN was under enormous pressure up the straight. He said the only reason Miss Taylor stopped riding was to pull her mount off BERGERAC to give that horse his rightful line of running. He believed Miss Taylor only stopped riding for 2 strides and was of the view that the charge had gone from a serious breach to one with mitigating circumstances. Mr Rogerson did state that Miss Taylor should have thrown everything at her mount in the last 2 or 3 strides.
Miss Taylor confirmed that Miss Smyth the rider of BERGERAC was yelling at her over the final stages when her mount was rolling in.
In response to a question from Mr Rogerson, Miss Taylor admitted she was riding in pain due to a medical issue over the final stages of the race and had nothing further to add.
Decision
As Miss Taylor admitted the breach we find the charge proved.
Submissions for Penalty
Mr Coles produced Miss Taylor’s record which showed previous breaches of this Rule on 25.7.09 which incurred a 3 week suspension, on the 23.2.12 which incurred a 4 day suspension when missing 4th place and then on the 12.1.14 she incurred a $200 fine when losing 5th place.
Mr Coles referred to a similar recent decision (Mrs T, 27.6.12) which attracted a 3 week (11 days) suspension and submitted a suspension of 3 to 4 weeks would be appropriate in this charge today.
Mr Rogerson submitted that the last appeal he was involved in showed that the rider’s record should not be taken into account. He submitted a mitigating factor in this case was Miss Taylor’s medical issue and made reference to her Doctor’s details. He added a further mitigating factor was JIGGER INN was laying in on BERGERAC over the final stages and Miss Taylor relieved the pressure to allow BERGERAC the run to which it was entitled to. Mr Rogerson submitted this breach was a minor mistake and the penalty should only be a matter of days. He concluded by saying the Committee could consider imposing a warning or good behaviour bond on Miss Taylor.
Mr Rogerson initially advised that Miss Taylor had upcoming commitments at Te Teko on January 27, and any proposed suspension could commence after that.
Mr Rogerson then submitted to the Committee that Miss Taylor was riding everywhere and rode at the Christchurch Cup meeting in November last year.
The Committee informed Mr Rogerson that we did not accept Miss Taylor had a history of riding in the South Island. We requested Mr Coles to produce Miss Taylor’s record which showed she had only ridden in the South Island on the 9th and 11th of November during cup week at Christchurch last year. We advised Mr Rogerson that we would require more evidence from him as to where Miss Taylor will be riding in the near future before we impose penalty.
At this stage Mr Rogerson told the Committee that he had been in contact with Mr Pitman who said he had engagements for Miss Taylor at the upcoming South Island meeting on January 29 and February 3. The Committee raised some concerns with Mr Rogerson with regard to these South Island meetings and requested him to call Mr Pitman and confirm these engagements to the Committee. After hearing from and questioning Mr Pitman via mobile phone the Committee is satisfied that these engagements are valid. On the basis of the evidence provided for this rare occurrence these 2 dates can be included in any proposed suspension.
Mr Pitman further submitted that he had been in contact with Mr Rogerson previously as to swapping his apprentice Mrs B Pitman with Miss Taylor. This was planned for a short period of time to further their experience and was proposing to implement this next week.
Consequently this Committee would expect to see some evidence of Miss Taylor riding in the South Island in the near future.
Following the phone call and the Committee’s acceptance of the discussion Mr Rogerson then submitted that any proposed suspension on Miss Taylor start after racing today and not after racing at Te Teko.
In response to a question from the Committee, Mr Rogerson submitted that he did not wish Miss Taylor to have a deferment to any proposed suspension.
We note the Stipendiary Stewards had no objection to Mr Rogerson’s submissions.
Reasons for Penalty
The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Miss Taylor’s admission of the breach. The aggravating factor is that the betting public were potentially let down by Miss Taylor’s actions. We reviewed the video films over the final 100 metres which showed Miss Taylor eased up for 5 strides prior to the finish and we believe this clearly cost JIGGER INN 3rd place. We accept that Miss Taylor relieved the pressure which was on BERGERAC but in the final 5 to 6 strides it is clearly evident that Miss Taylor made no attempt to ride her mount out to the finish line and for this reason we do not believe this is a mitigating factor. We consider this breach to be an error of judgement for an experienced apprentice rider. The betting public who had taken JIGGER INN for a place and trifecta could be expected to feel aggrieved by Miss Taylor’s failing to ride her mount all the way to the finish line.
We note the connections of JIGGER INN were disadvantaged by Miss Taylor’s actions with the prize money for 3rd place $700 against $350 for 4th place.
The Committee is of the view that there was no intent by Miss Taylor’s to deliberately ease her mount in the run to the finish line, other than she made an error of judgement.
In determining penalty, the Committee had regard for the need to maintain integrity and public confidence in racing. We note the JCA penalty guide recommends a starting point of 3 weeks, with regard being had to the placing involved. We referred to the JCA listing of penalties for similar breaches before imposing penalty. These records showed that 7, 9 and 11 days were the consistent penalties imposed when a rider was beaten into a minor place after taking all factors into account.
The Committee is concerned that Miss Taylor breached this Rule in July 2009 and incurred a 3 week suspension when placed 4th and on February 2012 when placed 5th incurred a 4 day suspension. Another aggravating factor is Miss Taylor was fined $200 on January 12 this year for failing to ride her mount out fully to the finish when beaten for 5th place. We assess Miss Taylor’s record under this Rule as fair and had regard for her status as an apprentice rider.
The Committee carefully considered the submission put forward by Mr Rogerson with regard to Miss Taylor’s recent medical issue. However, the films clearly showed that Miss Taylor rode her mount vigorously in the home straight prior to this incident. In the Committee’s opinion there is no evidence to suggest the “pain factor” contributed to Miss Taylor failing to ride her mount out to the end of the race.
After taking into account all the above factors we consider an appropriate penalty is a 9 day suspension.
Penalty
Accordingly, we impose a suspension on Miss Taylor which will commence after racing on 22 January and conclude after racing on February 3, 2014 (9 days).
That period of suspension encompasses meetings at Rotorua, Wellington, Ellerslie, Te Teko, Christchurch, Hastings, Te Rapa, New Plymouth and Banks Peninsula.
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Rules: 636(1)(d)
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