Timaru RC – 2 November 2008 – Race 5

hearingid: 68ca47e7239ffbdef0db556d3c0c9a62

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 02/11/2008

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Timaru RC - 2 November 2008 - Race 5

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

As a result of an incident in Race 5 at the Timaru Racing Club’s meeting on Sunday 2^nd November 2008 at the Phar Lap Raceway, Ms Michelle Carston, apprentice jockey was charged pursuant to Rule 871(1)(d) of the Rules of Racing (the careless riding rule).  She was accompanied in this hearing by her employer, Mr Shane Kennedy.

Ms Carson admitted the charge which is therefore deemed to be proved.  The evidence was “quite straightforward”.  When Ms Carson began to use the whip 200 metres from home her horse moved outwards and in the process took the line of “Terroir” which in turn shifted outwards onto “Nervada”.  It seems that “Terroir” may have had some contact with “Nervada”.  Mr Ching was of the view that “Nervada” may have been affected insofar as its final placing was concerned as the margin was only a nose between “Nervada” and the third placed horse.

PENALTY DECISION

Mr Ching submitted that a suspension of four to six days was called for.  He said that the degree of carelessness was low to mid range.  He further said that Ms Carson has only once been before a Judicial Committee and that was in April 2008 when she was suspended for three days.  He also said she should be given credit for her guilty plea.  Ms Carson asked the committee to give consideration to the fact that New Zealand Cup Week is coming up.

It is well known to the industry that New Zealand Thoroughbred Racing has been calling for stricter penalties on careless riding charges when rider safety is compromised, especially when there has been a fall and when horses and connections can be seriously affected as a result of a jockey’s careless riding.  A recent example was in the Listed Stakes Race at Riccarton Park last Sunday where Mr Troy Harris was given a six day suspension and fined $3,000.  In that case all matters contained in Rule 1122(2) were taken into account and I think in this case it is useful for Ms Carston to know what that rule says.

Rule 1122(2) says:

On finding a breach approved by the Judicial approved the Judicial Committee may approve any penalty provided by these Rules.  In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as they consider appropriate including:

(a)        The status of the race;

(b)        The stake payable in respect of the race;

(c)        Any consequential affects upon any person or horse as a result of the breach of the Rule; and

(d)        The need to maintain integrity and public confidence in racing.

In this case we have had regard to all of those matters including the degree of carelessness.  In this case the degree was low to medium and this Committee believes that it can maintain integrity and public confidence in racing by setting a much lower penalty.  We have taken into account the fact that the period of suspension targeted by Mr Ching’s submission of a four to six day suspension encompasses three premier days.  In sentencing principles a suspension for a premier day is equivalent to one and a half days. 

The penalty therefore that we have to impose in this case is that Ms Carson will be suspended on the conclusion of racing on Tuesday 4^th November until the conclusion of racing on Wednesday 12^th November which although is only two racing days, is equivalent to three.  However, that is not all.  There will also be a fine of $500.

K G Hales

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 1122.2, 871.1.d

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: