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Avondale JC – 6 February 2009 – Race 2

ID: JCA19961

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Avondale JC - 6 February 2009

Race Date:
2009/02/06

Race Number:
Race 2

Decision: Following race 2, an information was lodged pursuant to Rule 871(1)(d) when it was alleged by the informant, Stipendiary Steward Mr M Davidson that  Mr Colgan committed a breach of that rule when he permitted his mount JOEY MASSINO to shift inwards after the start when not sufficiently clear of VELVET PRINCESS (C Grylls)

Following race 2, an information was lodged pursuant to Rule 871(1)(d) when it was alleged by the informant, Stipendiary Steward Mr M Davidson that  Mr Colgan committed a breach of that rule when he permitted his mount JOEY MASSINO to shift inwards after the start when not sufficiently clear of VELVET PRINCESS (C Grylls) who was checked.

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Mr J Oatham demonstrated the video which clearly showed Mr Colgan, who had drawn 16 at the start, begins an inwards movement.  Mr Grylls, who had drawn 14 at the barrier was also moving in.  When Mr Grylls straightened his mount Mr Colgan continued his inward movement and consequently caused Mr Grylls to check.  The side on video confirmed that Mr Colgan was not the required distance clear.

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As Mr Colgan admitted the charge the committee has to adjudicate on penalty only.

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Mr Davidson said that he regarded the offence to be in the mid to low category and asked for a suspension to be imposed.  He gave Mr Colgan’s record which showed only 1 charge in the previous 12 months.  He also said that Mr Colgan admitted the charge at 1st opportunity.

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Mr Colgan said that he had rides at Hokitika on Sunday and most days in the coming week.  He asked that any suspension begin after racing on 7 February.  When questioned about his Hokitika mount he said that Mr Williams (trainer) had not declared any riders. Mr Davidson said that from what he could ascertain all the riders had been declared for that meeting.

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DECISION

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  When considering a penalty for Mr Colgan the committee has taken into account

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  1/  The nature of the offence

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  2/  Mr Colgan’s record

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  3/ Mr Colgan’s early admission of guilt.

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The committee, after deciding that the penalty would be a 4 day suspension, had to make a decision on the starting date of the penalty.  If, as he claimed, Mr Colgan had an engagement at Hokitika he was obliged to fulfil it.  However if he did not have any such engagement he would not be riding at that meeting so this day would not be included in any penalty.

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Mr Colgan is suspended from the conclusion of racing on 8 February till the conclusion of racing on 14 February 2009. (4 days)

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D C Johnstone                                                  A Dooley

CHAIRMAN

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: 53df47f387e3a93d80d677af4f2bf43d

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 06/02/2009

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Avondale JC - 6 February 2009 - Race 2

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following race 2, an information was lodged pursuant to Rule 871(1)(d) when it was alleged by the informant, Stipendiary Steward Mr M Davidson that  Mr Colgan committed a breach of that rule when he permitted his mount JOEY MASSINO to shift inwards after the start when not sufficiently clear of VELVET PRINCESS (C Grylls)

Following race 2, an information was lodged pursuant to Rule 871(1)(d) when it was alleged by the informant, Stipendiary Steward Mr M Davidson that  Mr Colgan committed a breach of that rule when he permitted his mount JOEY MASSINO to shift inwards after the start when not sufficiently clear of VELVET PRINCESS (C Grylls) who was checked.

--

 

--

Mr J Oatham demonstrated the video which clearly showed Mr Colgan, who had drawn 16 at the start, begins an inwards movement.  Mr Grylls, who had drawn 14 at the barrier was also moving in.  When Mr Grylls straightened his mount Mr Colgan continued his inward movement and consequently caused Mr Grylls to check.  The side on video confirmed that Mr Colgan was not the required distance clear.

--

 

--

As Mr Colgan admitted the charge the committee has to adjudicate on penalty only.

--

 

--

Mr Davidson said that he regarded the offence to be in the mid to low category and asked for a suspension to be imposed.  He gave Mr Colgan’s record which showed only 1 charge in the previous 12 months.  He also said that Mr Colgan admitted the charge at 1st opportunity.

--

 

--

Mr Colgan said that he had rides at Hokitika on Sunday and most days in the coming week.  He asked that any suspension begin after racing on 7 February.  When questioned about his Hokitika mount he said that Mr Williams (trainer) had not declared any riders. Mr Davidson said that from what he could ascertain all the riders had been declared for that meeting.

--

 

--

DECISION

--

  When considering a penalty for Mr Colgan the committee has taken into account

--

 

--

  1/  The nature of the offence

--

  2/  Mr Colgan’s record

--

  3/ Mr Colgan’s early admission of guilt.

--

 

--

The committee, after deciding that the penalty would be a 4 day suspension, had to make a decision on the starting date of the penalty.  If, as he claimed, Mr Colgan had an engagement at Hokitika he was obliged to fulfil it.  However if he did not have any such engagement he would not be riding at that meeting so this day would not be included in any penalty.

--

 

--

Mr Colgan is suspended from the conclusion of racing on 8 February till the conclusion of racing on 14 February 2009. (4 days)

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--

 

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D C Johnstone                                                  A Dooley

CHAIRMAN

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 871.1.d

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 9e7e224080f9eea6510c4d6a34dad287

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 2

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: a1df199bd3f9c4f4cb403f3b8f701c51

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 06/02/2009

meet_title: Avondale JC - 6 February 2009

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: avondale-jc

meet_racingtype: thoroughbred-racing

meet_chair:

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meet_pm2:

name: Avondale JC