Oamaru JC – 29 July 2007 – Race 8

hearingid: 649e09a6bc22a0b2474c7e944b7ddf45

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 29/07/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Oamaru JC - 29 July 2007 - Race 8

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Mr Ching, stipendiary steward, alleged that shortly after the start of race 8 KLINGON, ridden by Ms Cropp, moved outwards when insufficiently clear causing STAR BOROUGH (A Mundy), BILBO BAGGINS (J Misbah), BANDITS PISTOL (J Todd), PRINCESS JANE (N Marshall) and THE MAD MARCH HARE (C Grylls) to be checked or inconvenienced.

Mr Ching, stipendiary steward, alleged that shortly after the start of race 8 KLINGON, ridden by Ms Cropp, moved outwards when insufficiently clear causing STAR BOROUGH (A Mundy), BILBO BAGGINS (J Misbah), BANDITS PISTOL (J Todd), PRINCESS JANE (N Marshall) and THE MAD MARCH HARE (C Grylls) to be checked or inconvenienced.

After some consideration, Ms Cropp stated that she did not know whether or not to admit the breach as she believed there were clearly mitigating factors. In light of this uncertainty, the Chairman indicated that he would proceed on the basis that the charge was denied and, that after Mr Ching had shown the videos, he would give Ms Cropp the opportunity to further consider the matter of her plea. When given this opportunity at that time, Ms Cropp indicated that she definitely did not admit the charge.

Mr Ching, after showing the back on video of the start to the Committee, stated that he believed Ms Cropp had moved out shortly after the start in contravention of Rule 871(1)(d). At the request of the Committee the head?on and side-on videos were also played. Unfortunately it was a misty day and these two angles were extremely difficult to decipher. The best view was that taken from behind the starting stalls. The head on which would have provided the best angle of the incident was unfortunately very hazy. Mr Ching indicated that he believed Ms Cropp had moved out off her running line inconveniencing horses on her outer. He said he believed she had moved 1 1/2 to 2 horse widths. He said while it may have only been for a brief instant, the damage was severe. He pointed out that at least 4 or 5 horses were affected to different degrees with one (THE MAD MARCH HARE) being checked out and another being shifted sideways. He said, while he accepted things were tight, Ms Cropp had tightened things even more.

Mr Ching first called Ms A Mundy. She stated that she felt some pressure shortly after the start but did not think much of it at the time. She said the jockeys on her outside were yelling to be given room. She was not certain at the time where the pressure was coming from but after viewing the video she thought that the pressure was from her inner. She added that she believed her line was not dictated to the extent that the horses on her outside were. Those horses were affected more than her and she thought this might be because she was further forward than the others.

Mr J Misbah said that he had received pressure from the horse on his inner which was ridden by Ms Mundy and inside her Ms Cropp. He said he thought the pressure was from the inside and he called for room. His horse was losing its footing as the ground was loose.

Mr J Todd said he jumped "ok" and the after the first 10 to 20 metres he received pressure from both sides. He could not pinpoint the specific source but he was shuffled out the back. He said he thought there was a wee bit of drift from the outside but mainly from the inside. There was probably a bit more pressure from the inside but he believed there was pressure from the outside too. On viewing the video, he said he thought the pressure was from the inside first. Those on his outside were perhaps just holding their ground, but he was not certain.

Mr C Grylls said he received pressure from both sides, had to take hold and as a consequence, he lost his position. He said he believed the pressure was mostly from his inside but agreed there was movement from both sides.

Ms Cropp did not call any witnesses. She said that "the horse has just taken charge. I was on a fiery sprinter who ducked out." She drew the Committee's attention to the movement of horses further out in the field. She said that "the compression was already there" and that she only moved out half a horse width. She said the movement had started from the outside. She agreed she had moved out for 2 strides but she re-iterated she did not contribute to what had already started. She said she had straightened her horse immediately. She said she had no explanation as to why her mount had ducked out. But later she said "he was a sprinter powerful in the behind", and perhaps that was why he had "veered out".

After the parties had presented their respective cases, the Committee took time to consider the matter. It was evident that the videos needed to viewed carefully. This was the second matter that the Committee had heard after the last race and it was over an hour and 20 minutes since that race and a number of the jockeys were concerned that they would miss their flights north due to the lateness of the hour and the presence of fog. In these circumstances we determined to reserve our decision. We arranged for the videos of the race to be forwarded to the Committee as soon as possible.

We are faced with an incident where there has been movement from a number of horses. It is evident, as indeed Mr Ching accepts, that there is general tightening before there is any movement from Ms Cropp. Mr Ching describes Ms Cropp as being the catalyst to the outwards movement from the inside. We agree that some outwards movement commences with her horse but it is our view that her movement merely exacerbates tightening that was evident with respect to those horses that drew barrier positions in the middle of the field. We are satisfied that Ms Cropp moves out at least a horse width for some 3 to 4 strides (not the 2 that she alleges) some 20 metres after the start. In so doing she comes into contact with Ms Mundy. This appears to impact upon a number of horses, with a number being squeezed, and with BANDIT?S PISTOL in particular, being twisted sideways. But it is difficult to ascertain the extent to which this is caused by the movement of Ms Cropp's mount or by the general tightening that much of the capacity field was experiencing. Ms Mundy, in particular, as she stated in her evidence, is not greatly inconvenienced by coming into contact with KLINGON. Much of the jostling and sideways movement may in fact be caused by the horses continuing simply to race in tight quarters. We agree that THE MAD MARCH HARE was forced to check out due to tightening, but, again, it is not clear from viewing the videos whether this was due to the effect of the movement of Ms Cropp or down to the general tightening that had occurred prior to the movement from Ms Cropp. We certainly cannot discount the latter possibility.

The evidence of the jockeys is equivocal. We are influenced, in particular, by the fact that Ms Mundy states that she did not believe that the pressure from Ms Cropp was of any consequence at the time. In addition, the head on video, which we believe would have greatly assisted the parties and the Committee to determine the matter, is of such poor quality due to the conditions on the day as to be of little, indeed no value. While there is some evidence of a concertina effect from the back on video, we are reluctant to sheet home the tightening and inconveniencing of the horses in the middle of the field to Ms Cropp. She states also that she immediately relieved the pressure. We cannot detect any immediate correction from her, but accept her mount does lay off STAR BOROUGH after 2 maybe 3 strides. We have considered whether this is indeed too late in that, as Mr Ching has alleged, the damage had been done and the field, that was already compressed, was tightened even further. However, we cannot be satisfied that in permitting her mount to move out into the line of STAR BOROUGH for 2 to 3 strides and coming into brief contact with that horse, constitutes careless riding and thus a breach of rule 871(1)(d). We conclude by stating that this has not been an easy matter to determine, but we believe there is sufficient doubt for the information to be dismissed. We so find.

J Eagles Chairman

G Hall Member

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 871.1.d

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 0449ce1ffb3c4de44d3b0550da2d9c17

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 8

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 789bb073c3d16cd0a2b3b096b02d0749

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 29/07/2007

meet_title: Oamaru JC - 29 July 2007

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: oamaru-jc

meet_racingtype: thoroughbred-racing

meet_chair:

meet_pm1:

meet_pm2:

name: Oamaru JC