Archive Decision

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Canterbury JC – 7 November 2009 – Race 1

ID: JCA20083

Hearing Type:
Old Hearing

Rules:
638.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Canterbury JC - 7 November 2009

Race Date:
2009/11/07

Race Number:
Race 1

Decision:

Following the running of Race 1, the Carlton Bar & Restaurant Middle Distance Premier Challenge, Stipendiary Steward Mr J. P. Oatham filed an information pursuant to Rule 638(1)(d) alleging Apprentice Jockey M. H. Misbah rode carelessly when he permitted his mount ”Pendora” (5) to shift outwards near the 400 metres when not sufficiently clear of “River Bear” who was checked.

--

 



Following the running of Race 1, the Carlton Bar & Restaurant Middle Distance Premier Challenge, Stipendiary Steward Mr J. P. Oatham filed an information pursuant to Rule 638(1)(d) alleging Apprentice Jockey M. H. Misbah rode carelessly when he permitted his mount ”Pendora” (5) to shift outwards near the 400 metres when not sufficiently clear of “River Bear” who was checked.

--

Mr Misbah is an Apprentice Jockey and he was assisted at this hearing by Licensed Trainer Mr P. S. Richards.  Mr Misbah had indicated on the information that he admitted this breach of this Rules, and he confirmed this at the hearing.  Mr Misbah also acknowledged that he understood the Rule and the charge.

--

Stipendiary Steward Mr McLaughlin illustrated this incident by means of video coverage, and showed that Mr Misbah had moved outwards as described in the information.

--

In relation to the facts of this matter Mr Richards said that this was an error of judgement, and that it was not a major check.  Mr Oatham agreed that the breach was low to mid – range.

--

Penalty:  

--

In relation to penalty Mr Oatham advised that Mr Misbah has a very good record with only one suspension in the last 12 months.  He said that Mr Misbah’s guilty plea was also to his credit, and that he assessed the carelessness as being in mid – range.  A suspension of two weeks was recommended.

--

Mr Misbah had no relevant submissions to make with regard to penalty.  It was established that Mr Misbah wished to take advantage of the “7 day” rule to enable him to ride at the next two days of this meeting.

--

In considering the matter of an appropriate penalty we took into account Mr Misbah’s admission of the breach, that it was low to mid – range, and that he had a good record.  In the circumstances we were satisfied that a suspension of two weeks was appropriate.

--

The suspension is delayed until after 14 November 2009.  The suspension will commence after the completion of racing on 14 November 2009 and end after the completion of racing on 29 November 2009.  This encompasses race meetings at Winton on 20 November 2009, South Canterbury on 26 November 2009, and the Otago Racing Club at Cromwell on 29 November 2009, this being a three day suspension.

--


J. M. Phelan          R. G. McKenzie
CHAIR                   Committee Member
140

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: 34cbe12b9e7d717f56373106cf24283f


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 07/11/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Canterbury JC - 7 November 2009 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 1, the Carlton Bar & Restaurant Middle Distance Premier Challenge, Stipendiary Steward Mr J. P. Oatham filed an information pursuant to Rule 638(1)(d) alleging Apprentice Jockey M. H. Misbah rode carelessly when he permitted his mount ”Pendora” (5) to shift outwards near the 400 metres when not sufficiently clear of “River Bear” who was checked.

--

 



Following the running of Race 1, the Carlton Bar & Restaurant Middle Distance Premier Challenge, Stipendiary Steward Mr J. P. Oatham filed an information pursuant to Rule 638(1)(d) alleging Apprentice Jockey M. H. Misbah rode carelessly when he permitted his mount ”Pendora” (5) to shift outwards near the 400 metres when not sufficiently clear of “River Bear” who was checked.

--

Mr Misbah is an Apprentice Jockey and he was assisted at this hearing by Licensed Trainer Mr P. S. Richards.  Mr Misbah had indicated on the information that he admitted this breach of this Rules, and he confirmed this at the hearing.  Mr Misbah also acknowledged that he understood the Rule and the charge.

--

Stipendiary Steward Mr McLaughlin illustrated this incident by means of video coverage, and showed that Mr Misbah had moved outwards as described in the information.

--

In relation to the facts of this matter Mr Richards said that this was an error of judgement, and that it was not a major check.  Mr Oatham agreed that the breach was low to mid – range.

--

Penalty:  

--

In relation to penalty Mr Oatham advised that Mr Misbah has a very good record with only one suspension in the last 12 months.  He said that Mr Misbah’s guilty plea was also to his credit, and that he assessed the carelessness as being in mid – range.  A suspension of two weeks was recommended.

--

Mr Misbah had no relevant submissions to make with regard to penalty.  It was established that Mr Misbah wished to take advantage of the “7 day” rule to enable him to ride at the next two days of this meeting.

--

In considering the matter of an appropriate penalty we took into account Mr Misbah’s admission of the breach, that it was low to mid – range, and that he had a good record.  In the circumstances we were satisfied that a suspension of two weeks was appropriate.

--

The suspension is delayed until after 14 November 2009.  The suspension will commence after the completion of racing on 14 November 2009 and end after the completion of racing on 29 November 2009.  This encompasses race meetings at Winton on 20 November 2009, South Canterbury on 26 November 2009, and the Otago Racing Club at Cromwell on 29 November 2009, this being a three day suspension.

--


J. M. Phelan          R. G. McKenzie
CHAIR                   Committee Member
140


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 638.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 629b0259190cca6573817d04cd6a9d64


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 05a77a4878fda8c007929abc1188d89a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/11/2009


meet_title: Canterbury JC - 7 November 2009


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Canterbury JC