Canterbury Racing – 4 April 2009 – Race 5
ID: JCA20813
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Canterbury Racing - 4 April 2009
Race Date:
2009/04/04
Race Number:
Race 5
Decision:
As the result of an incident about the 1400 metre mark in Race 5 at the Canterbury Jockey Club’s meeting on Saturday 4 April 2009, Mr PT Holmes was charged pursuant to Rule 871(1)(d) of the Rules of Racing (careless riding).
--
As the result of an incident about the 1400 metre mark in Race 5 at the Canterbury Jockey Club’s meeting on Saturday 4 April 2009, Mr PT Holmes was charged pursuant to Rule 871(1)(d) of the Rules of Racing (careless riding).
--It was alleged that Mr Holmes allowed his mount to shift outwards, forcing “Jack Attack” out over extra ground near the 1400
--Mr Holmes did not admit the charge.
--THE EVIDENCE
Mr Stewart Ching, Stipendiary Steward, called Ms K Williams, Licensed Jockey, the rider of “Jack Attack” to give evidence.
She said that Mr Holmes on “Quantum Dude” was leading, but was then overtaken by “Le Alto”. At that point, Ms Williams elected to go up on the outside of ‘Le Alto” in a one out and one back position from the leading horse.
--At that point, Mr Holmes on “Quantum Dude” was immediately in the trail behind “Le Alto”.
--Without warning, Mr Holmes moved his mount outwards, coming into contact with Ms Williams, forcing her out to a three wide position.
--Ms Williams confirmed that Mr Holmes was not his own horse length and another horse length clear at the time.
--Mr Holmes elected not to ask questions of Ms Williams by way of cross examination.
--Mr Ching then showed video coverage of the incident, which confirmed Ms Williams’ oral evidence.
--In response, Mr Holmes asked for clarification of the Rule and in particular, the Rule which requires a rider to be his own horse length and another horse length clear when passing.
--Mr Ching referred Mr Holmes to Rule 870 which refers to such actions, and also refers to jostling or in any other way, interfering with another horse.
--Mr Holmes confirmed that he understood the Rule. Mr Holmes then went on to say that he believed that he rode competitively and was entitled to jostle Ms Williams aside. He said that from his perspective, she was never in danger and was not taken over additional ground because they were running in a straight line at the time. He said his horse was pulling hard.
--DECISION
It is axiomatic to race riding that a rider must be his own horse length and another horse length clear when making a passing movement. That expression is heard on a regular basis, in Judicial hearings of charges involving careless/dangerous/improper/foul riding throughout New Zealand, week in, week out.
In this case, the evidence was crystal clear. Mr Holmes quite simply, with a barging movement, took Ms Williams off her racing line in a manner which we have no hesitation in finding was careless. He was not his own horse length and another length clear when he undertook his passing movement. There was quite significant contact of the two horses.
--We reject Mr Holmes’ contention that he rode competitively. Ms Williams had taken ownership of a racing line in the one out and one back position, and was entitled to remain on that line. Accordingly, we are satisfied to the required standard of proof on the basis of the evidence presented, that the charge has been made out and it is proved accordingly.
--PENALTY
Mr Ching told us that he considered the degree of carelessness to be in the medium range. He also drew attention to the fact that Mr Holmes has only been charged once pursuant to this Rule in the last racing season, and that was on 17 October 2008 when he was suspended for four days and fined $800. He called for a suspension of between four and six days.
In our opinion, the degree of carelessness was medium range. However, we are aware that “Quantum Dude” is a competitive front running horse and was pulling hard and may well have proved to be hard to restrain. At the same time, we want to make it quite clear that in New Zealand, a rider cannot barge his or her way out when another rider has clear ownership of a racing line.
--We acknowledge that Mr Holmes rides a lot during a racing year, both throughout the South Island of New Zealand, from time to time in the North Island, and at times, overseas.
--We agree that a suspension is an appropriate penalty and a suspension of four riding days is imposed.
--We questioned Mr Holmes closely about his riding engagements over the next few weeks, and in particular, as to whether or not he was intending to be riding at North Island meetings. Mr Holmes told the hearing that there was a possibility that he may be requested to ride a horse by the name of “Xtreme” but he did not know at what meeting, and when the horse was going to start.
Thus, for the purposes of considering the penalty, we have only taken into account South Island meetings.
Mr Holmes requested that he be permitted to take advantage of the seven day deferment of a period of suspension.
--Accordingly, Mr Holmes is suspended from race riding on Saturday 11 April 2009 until the conclusion of racing on Thursday 23 April 2009. This period of suspension encompasses the second and third days of racing at Riverton, the Canterbury Jockey Club’s meeting on 18 April and the first day of the Marlborough Racing Club’s meeting on 23 April.
--KG Hales
Chairman
P Rosanowski
Panellist
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: 9b21818653fedf3b30a550321a29d977
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 04/04/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Canterbury Racing - 4 April 2009 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the result of an incident about the 1400 metre mark in Race 5 at the Canterbury Jockey Club’s meeting on Saturday 4 April 2009, Mr PT Holmes was charged pursuant to Rule 871(1)(d) of the Rules of Racing (careless riding).
--
As the result of an incident about the 1400 metre mark in Race 5 at the Canterbury Jockey Club’s meeting on Saturday 4 April 2009, Mr PT Holmes was charged pursuant to Rule 871(1)(d) of the Rules of Racing (careless riding).
--It was alleged that Mr Holmes allowed his mount to shift outwards, forcing “Jack Attack” out over extra ground near the 1400
--Mr Holmes did not admit the charge.
--THE EVIDENCE
Mr Stewart Ching, Stipendiary Steward, called Ms K Williams, Licensed Jockey, the rider of “Jack Attack” to give evidence.
She said that Mr Holmes on “Quantum Dude” was leading, but was then overtaken by “Le Alto”. At that point, Ms Williams elected to go up on the outside of ‘Le Alto” in a one out and one back position from the leading horse.
--At that point, Mr Holmes on “Quantum Dude” was immediately in the trail behind “Le Alto”.
--Without warning, Mr Holmes moved his mount outwards, coming into contact with Ms Williams, forcing her out to a three wide position.
--Ms Williams confirmed that Mr Holmes was not his own horse length and another horse length clear at the time.
--Mr Holmes elected not to ask questions of Ms Williams by way of cross examination.
--Mr Ching then showed video coverage of the incident, which confirmed Ms Williams’ oral evidence.
--In response, Mr Holmes asked for clarification of the Rule and in particular, the Rule which requires a rider to be his own horse length and another horse length clear when passing.
--Mr Ching referred Mr Holmes to Rule 870 which refers to such actions, and also refers to jostling or in any other way, interfering with another horse.
--Mr Holmes confirmed that he understood the Rule. Mr Holmes then went on to say that he believed that he rode competitively and was entitled to jostle Ms Williams aside. He said that from his perspective, she was never in danger and was not taken over additional ground because they were running in a straight line at the time. He said his horse was pulling hard.
--DECISION
It is axiomatic to race riding that a rider must be his own horse length and another horse length clear when making a passing movement. That expression is heard on a regular basis, in Judicial hearings of charges involving careless/dangerous/improper/foul riding throughout New Zealand, week in, week out.
In this case, the evidence was crystal clear. Mr Holmes quite simply, with a barging movement, took Ms Williams off her racing line in a manner which we have no hesitation in finding was careless. He was not his own horse length and another length clear when he undertook his passing movement. There was quite significant contact of the two horses.
--We reject Mr Holmes’ contention that he rode competitively. Ms Williams had taken ownership of a racing line in the one out and one back position, and was entitled to remain on that line. Accordingly, we are satisfied to the required standard of proof on the basis of the evidence presented, that the charge has been made out and it is proved accordingly.
--PENALTY
Mr Ching told us that he considered the degree of carelessness to be in the medium range. He also drew attention to the fact that Mr Holmes has only been charged once pursuant to this Rule in the last racing season, and that was on 17 October 2008 when he was suspended for four days and fined $800. He called for a suspension of between four and six days.
In our opinion, the degree of carelessness was medium range. However, we are aware that “Quantum Dude” is a competitive front running horse and was pulling hard and may well have proved to be hard to restrain. At the same time, we want to make it quite clear that in New Zealand, a rider cannot barge his or her way out when another rider has clear ownership of a racing line.
--We acknowledge that Mr Holmes rides a lot during a racing year, both throughout the South Island of New Zealand, from time to time in the North Island, and at times, overseas.
--We agree that a suspension is an appropriate penalty and a suspension of four riding days is imposed.
--We questioned Mr Holmes closely about his riding engagements over the next few weeks, and in particular, as to whether or not he was intending to be riding at North Island meetings. Mr Holmes told the hearing that there was a possibility that he may be requested to ride a horse by the name of “Xtreme” but he did not know at what meeting, and when the horse was going to start.
Thus, for the purposes of considering the penalty, we have only taken into account South Island meetings.
Mr Holmes requested that he be permitted to take advantage of the seven day deferment of a period of suspension.
--Accordingly, Mr Holmes is suspended from race riding on Saturday 11 April 2009 until the conclusion of racing on Thursday 23 April 2009. This period of suspension encompasses the second and third days of racing at Riverton, the Canterbury Jockey Club’s meeting on 18 April and the first day of the Marlborough Racing Club’s meeting on 23 April.
--KG Hales
Chairman
P Rosanowski
Panellist
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 871.1.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d3a35d4d4d0d6c9f09f0556266e48cec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
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meetid: 5d6588bfc968982f5f55f9ecc696bfab
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/04/2009
meet_title: Canterbury Racing - 4 April 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair:
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name: Canterbury Racing