Archive Decision

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Wellington Racing Club – 23 January 2010 – Race 5

ID: JCA19594

Hearing Type:
Old Hearing

Rules:
638.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Wellington Racing Club - 23 January 2010

Race Date:
2010/01/23

Race Number:
Race 5

Decision:

Raceday Judicial Decision

--

Information No: 335

--

Meeting:  Wellington Racing Club  Date: 23/01/10

--

Venue:   Trentham

--

Chairman:  N.M.Moffatt,   Panel: T.Castles

--

Rule:   638 (1) (d)

--

Informant:  J.Oatham

--

Defendant:  D.Walsh

--

Following the running of Race 5, The Majestic Horse Floats Anniversary Handicap, Mr. D.Walsh was charged with careless riding under rule 638 (1) (d). The information alleged that D.Walsh (SHE RULES) allowed his mount to shift inwards near the 1200m dictating JUICE (L. Allpress) inward onto THE TWIST (R. Hannam) which was checked.



Raceday Judicial Decision

--

Information No: 335

--

Meeting:  Wellington Racing Club  Date: 23/01/10

--

Venue:   Trentham

--

Chairman:  N.M.Moffatt,   Panel: T.Castles

--

Rule:   638 (1) (d)

--

Informant:  J.Oatham

--

Defendant:  D.Walsh

--

Following the running of Race 5, The Majestic Horse Floats Anniversary Handicap, Mr. D.Walsh was charged with careless riding under rule 638 (1) (d). The information alleged that D.Walsh (SHE RULES) allowed his mount to shift inwards near the 1200m dictating JUICE (L. Allpress) inward onto THE TWIST (R. Hannam) which was checked.

--

Mr. Walsh did not admit the breach.

--

Mr. Goodwin demonstrated the incident on the videos. He identified the horses involved and showed Mr. Walsh racing out wide but seeking a run closer to the rails. Mr. Walsh looked to the inside and, believing he had room, proceeded to come across towards the rail.

--

The Stewards allege that there was insufficient room in the gap he was attempting.  Mr. Walsh was not the required distance clear of JUICE who was tightened and pushed back onto THE TWIST who received a severe check and lost several lengths.

--

Mr. Hannam gave evidence telling the committee that at approximately the 1200 metres he was racing one off the fence on THE TWIST with JUICE in front of him. Suddenly Mrs Allpress moved inwards taking his line of running causing a severe check to his mount. He said he was surprised he did not fall.

--

Mrs Allpress told the committee she was required to suddenly take hold of JUICE when Mr. Walsh came across from her outside when not sufficiently clear. She said that when Mr. Walsh commenced his move there was room but as he moved further inwards there was no room.

--

Mr. Walsh explained that at the time he moved inwards there was some general compaction in the field caused when Ms Hercock, whom he was following, eased her mount back. He said he was a victim of circumstances and believed at the time he moved inwards he was clear of other runners behind him.

--

Mr. Oatham acknowledged there had been easing of the pace but said this had been gradual and had occurred for some time prior to the interference. Mr. Walsh moved from a four wide position inwards and was not the required two lengths clear of Mrs Allpress who had to suddenly check JUICE which caused a substantial check to Mr. Hannam in behind.

--

Decision

--

The committee had careful regard to all of the submissions.

--

The films and the witness accounts were quite clear and unanimous in that Mrs. Allpress was forced back onto Mr. Hannam when Mr. Walsh came across on SHE RULES.

--

Mr. Walsh maintained that he was not to blame but was a victim of circumstances when Ms Hercock eased back in front of him.

--

After again considering the films at length it was our opinion that Mr. Walsh made an error of judgment when changing ground and was not the required distance clear of Mrs. Allpress behind him.  We did not accept that Ms Hercock had caused Mr. Walsh to do so. Her easing back was a gradual movement whereas Mr. Walsh’s movement was more sudden. His decision to move inwards from the four-wide position was made when he had the space to do so however as he moved further inwards he erred in his judgment of how far ahead of Mrs. Allpress he was. Whilst there may have been some general compacting of the field that in itself was not sufficient to have caused the severe interference to THE TWIST.

--

Accordingly the charge of careless riding brought under Rule 638 (1) (d) was found proved.

--

Penalty

--

Mr. Oatham produced Mr. Walsh’s riding record which showed one charge of careless riding within the past 12 months.  He said that he rides throughout New Zealand and in considering penalty the committee should note the mitigating factors as outlined by Mr. Walsh in the hearing.

--

This incident occurred in a Listed Race worth $45,000 and was one of the day’s flagship races.

--

The Stewards placed the incident in the mid-range of carelessness and recommended a suspension of 6 – 8 days.

--

Mr. Walsh asked the committee to look at his outstanding record saying that he had incurred few suspensions over the past 5 years. While acknowledging that he moved inwards he maintained that other circumstances had contributed to the interference.

--

In coming to a decision on penalty the committee considered all of the submissions put before it.  We took into account the significant degree of interference suffered by THE TWIST with that runner being fortunate to retain its footing when it was checked backwards sharply after running up the heels of JUICE.

--

We also considered the mitigating circumstances surrounding the incident which the Stewards and Mr. Walsh have alluded to.  We have given particular weight to Mr. Walsh’s commendable riding record but also considered the fact that this was a “black-type” race which generally attracts higher penalties.

--

Taking into account the riding commitments Mr. Walsh has in the next seven days he is suspended from riding from the conclusion of racing on Saturday January 30th until the conclusion of racing on Saturday February 6th in effect 6 riding days.

--


N. Moffatt             T. Castles
CHAIR                 Committee Member
335

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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: 43f3b431b2bc811a65821ff7ff707714


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 23/01/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Wellington Racing Club - 23 January 2010 - Race 5


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Raceday Judicial Decision

--

Information No: 335

--

Meeting:  Wellington Racing Club  Date: 23/01/10

--

Venue:   Trentham

--

Chairman:  N.M.Moffatt,   Panel: T.Castles

--

Rule:   638 (1) (d)

--

Informant:  J.Oatham

--

Defendant:  D.Walsh

--

Following the running of Race 5, The Majestic Horse Floats Anniversary Handicap, Mr. D.Walsh was charged with careless riding under rule 638 (1) (d). The information alleged that D.Walsh (SHE RULES) allowed his mount to shift inwards near the 1200m dictating JUICE (L. Allpress) inward onto THE TWIST (R. Hannam) which was checked.



Raceday Judicial Decision

--

Information No: 335

--

Meeting:  Wellington Racing Club  Date: 23/01/10

--

Venue:   Trentham

--

Chairman:  N.M.Moffatt,   Panel: T.Castles

--

Rule:   638 (1) (d)

--

Informant:  J.Oatham

--

Defendant:  D.Walsh

--

Following the running of Race 5, The Majestic Horse Floats Anniversary Handicap, Mr. D.Walsh was charged with careless riding under rule 638 (1) (d). The information alleged that D.Walsh (SHE RULES) allowed his mount to shift inwards near the 1200m dictating JUICE (L. Allpress) inward onto THE TWIST (R. Hannam) which was checked.

--

Mr. Walsh did not admit the breach.

--

Mr. Goodwin demonstrated the incident on the videos. He identified the horses involved and showed Mr. Walsh racing out wide but seeking a run closer to the rails. Mr. Walsh looked to the inside and, believing he had room, proceeded to come across towards the rail.

--

The Stewards allege that there was insufficient room in the gap he was attempting.  Mr. Walsh was not the required distance clear of JUICE who was tightened and pushed back onto THE TWIST who received a severe check and lost several lengths.

--

Mr. Hannam gave evidence telling the committee that at approximately the 1200 metres he was racing one off the fence on THE TWIST with JUICE in front of him. Suddenly Mrs Allpress moved inwards taking his line of running causing a severe check to his mount. He said he was surprised he did not fall.

--

Mrs Allpress told the committee she was required to suddenly take hold of JUICE when Mr. Walsh came across from her outside when not sufficiently clear. She said that when Mr. Walsh commenced his move there was room but as he moved further inwards there was no room.

--

Mr. Walsh explained that at the time he moved inwards there was some general compaction in the field caused when Ms Hercock, whom he was following, eased her mount back. He said he was a victim of circumstances and believed at the time he moved inwards he was clear of other runners behind him.

--

Mr. Oatham acknowledged there had been easing of the pace but said this had been gradual and had occurred for some time prior to the interference. Mr. Walsh moved from a four wide position inwards and was not the required two lengths clear of Mrs Allpress who had to suddenly check JUICE which caused a substantial check to Mr. Hannam in behind.

--

Decision

--

The committee had careful regard to all of the submissions.

--

The films and the witness accounts were quite clear and unanimous in that Mrs. Allpress was forced back onto Mr. Hannam when Mr. Walsh came across on SHE RULES.

--

Mr. Walsh maintained that he was not to blame but was a victim of circumstances when Ms Hercock eased back in front of him.

--

After again considering the films at length it was our opinion that Mr. Walsh made an error of judgment when changing ground and was not the required distance clear of Mrs. Allpress behind him.  We did not accept that Ms Hercock had caused Mr. Walsh to do so. Her easing back was a gradual movement whereas Mr. Walsh’s movement was more sudden. His decision to move inwards from the four-wide position was made when he had the space to do so however as he moved further inwards he erred in his judgment of how far ahead of Mrs. Allpress he was. Whilst there may have been some general compacting of the field that in itself was not sufficient to have caused the severe interference to THE TWIST.

--

Accordingly the charge of careless riding brought under Rule 638 (1) (d) was found proved.

--

Penalty

--

Mr. Oatham produced Mr. Walsh’s riding record which showed one charge of careless riding within the past 12 months.  He said that he rides throughout New Zealand and in considering penalty the committee should note the mitigating factors as outlined by Mr. Walsh in the hearing.

--

This incident occurred in a Listed Race worth $45,000 and was one of the day’s flagship races.

--

The Stewards placed the incident in the mid-range of carelessness and recommended a suspension of 6 – 8 days.

--

Mr. Walsh asked the committee to look at his outstanding record saying that he had incurred few suspensions over the past 5 years. While acknowledging that he moved inwards he maintained that other circumstances had contributed to the interference.

--

In coming to a decision on penalty the committee considered all of the submissions put before it.  We took into account the significant degree of interference suffered by THE TWIST with that runner being fortunate to retain its footing when it was checked backwards sharply after running up the heels of JUICE.

--

We also considered the mitigating circumstances surrounding the incident which the Stewards and Mr. Walsh have alluded to.  We have given particular weight to Mr. Walsh’s commendable riding record but also considered the fact that this was a “black-type” race which generally attracts higher penalties.

--

Taking into account the riding commitments Mr. Walsh has in the next seven days he is suspended from riding from the conclusion of racing on Saturday January 30th until the conclusion of racing on Saturday February 6th in effect 6 riding days.

--


N. Moffatt             T. Castles
CHAIR                 Committee Member
335

--

 


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