Archive Decision

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Otago RC – 17 October 2008 – Race 1

ID: JCA20360

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Otago RC - 17 October 2008

Race Date:
2008/10/17

Race Number:
Race 1

Decision: Mr Holmes admitted a breach of rule 871(1)(d) in race 1 in that he allowed his mount GOLD DUST to shift inwards when not sufficiently clear of RAINGIRL (R Fraser) causing that horse to check near the 200 metre mark.

Mr Holmes admitted a breach of rule 871(1)(d) in race 1 in that he allowed his mount GOLD DUST to shift inwards when not sufficiently clear of RAINGIRL (R Fraser) causing that horse to check near the 200 metre mark.  We thus find the charge proved.

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Mr Ching had Mr McLaughlin demonstrate on 3 video angles that Mr Holmes had moved to the rail checking RAINGIRL ridden by Ms R Fraser, who had to take hold of her mount. Mr Holmes by way of explanation stated he simply had not realised Ms Fraser was there until she called. He said it was an error of judgment and that it was too late to do anything when he heard Ms Fraser call.

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Mr Ching said that the incident was mid to high range and asked for a penalty in the 4 to 6 day range. Mr Holmes stated he had a contract to ride in Macau starting on 1 November and asked for a fine. We contemplated Mr Holmes’ request, anticipating that the fine would have to be in the order of $4000 plus. We explained we were equating this to a 4 to 5 day suspension. Mr Ching indicated that he believed Mr Holmes should be suspended and that the matter of Mr Holmes obtaining a clearance to ride in Macau should be dealt with administratively.

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Our figure of 4 to 5 days was based on a starting point of 6 days plus for the incident, which we saw as being at the higher end of mid range and giving a 2 day discount for Mr Holmes’ ready admission of the breach and his excellent record.

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We do not believe a fine is sufficient penalty and, despite the fact that we recognise a suspension will impact on Mr Holmes’ ability to ride in Macau on 1 November, we suspend him from the end of racing at Ashburton on Sunday up to and including 4 November. This suspension equates to 4 South Island racing days. We also impose a fine of $800.

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Geoff Hall, Chairman

--

Neil Johnstone, Member

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: 74b14d7af14968aeaa084dc0c02de745


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 17/10/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Otago RC - 17 October 2008 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Holmes admitted a breach of rule 871(1)(d) in race 1 in that he allowed his mount GOLD DUST to shift inwards when not sufficiently clear of RAINGIRL (R Fraser) causing that horse to check near the 200 metre mark.

Mr Holmes admitted a breach of rule 871(1)(d) in race 1 in that he allowed his mount GOLD DUST to shift inwards when not sufficiently clear of RAINGIRL (R Fraser) causing that horse to check near the 200 metre mark.  We thus find the charge proved.

--

 

--

Mr Ching had Mr McLaughlin demonstrate on 3 video angles that Mr Holmes had moved to the rail checking RAINGIRL ridden by Ms R Fraser, who had to take hold of her mount. Mr Holmes by way of explanation stated he simply had not realised Ms Fraser was there until she called. He said it was an error of judgment and that it was too late to do anything when he heard Ms Fraser call.

--

 

--

Mr Ching said that the incident was mid to high range and asked for a penalty in the 4 to 6 day range. Mr Holmes stated he had a contract to ride in Macau starting on 1 November and asked for a fine. We contemplated Mr Holmes’ request, anticipating that the fine would have to be in the order of $4000 plus. We explained we were equating this to a 4 to 5 day suspension. Mr Ching indicated that he believed Mr Holmes should be suspended and that the matter of Mr Holmes obtaining a clearance to ride in Macau should be dealt with administratively.

--

 

--

Our figure of 4 to 5 days was based on a starting point of 6 days plus for the incident, which we saw as being at the higher end of mid range and giving a 2 day discount for Mr Holmes’ ready admission of the breach and his excellent record.

--

 

--

We do not believe a fine is sufficient penalty and, despite the fact that we recognise a suspension will impact on Mr Holmes’ ability to ride in Macau on 1 November, we suspend him from the end of racing at Ashburton on Sunday up to and including 4 November. This suspension equates to 4 South Island racing days. We also impose a fine of $800.

--

 

--

Geoff Hall, Chairman

--

Neil Johnstone, Member


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1a7ce08daa01fcd7bbee43498c771984


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meet_title: Otago RC - 17 October 2008


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