Archive Decision

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Waikouaiti RC – 1 January 2006 – Race 7

ID: JCA20823

Hearing Type:
Old Hearing

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Waikouaiti RC - 1 January 2006

Race Date:
2006/01/01

Race Number:
Race 7

Decision:

Mr Ching has alleged that approximately 50 metres after the start Ms C Spittles riding STRIKE IT LUCKY moved inwards when insufficiently clear causing HIGH STAR ridden by J Misbah to be severely checked and clipping a heel



Mr Ching has alleged that approximately 50 metres after the start Ms C Spittles riding STRIKE IT LUCKY moved inwards when insufficiently clear causing HIGH STAR ridden by J Misbah to be severely checked and clipping a heel. Ms Spittles denied the charge and was represented by Mr J Parsons.

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Mr Ching demonstrated on the videos that shortly after the start Ms Spittles came across from 5 wide to 4 wide into the line of Mr Misbah on HIGH STAR. As a result the 2 horses clipped heels with HIGH STAR stumbling for a stride. Mr Ching stated Ms Spittles was not her length plus another clear.

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Mr Ching called Mr Misbah who said that Ms Spittles had come across and clipped HIGH STAR's heel. He said he had been slow away and was urging his horse as he had instructions to race handy. He was unable to estimate the distance between his horse and that of Ms Spittles when she came across but said it was "very close".

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Mr Parsons alleged Mr Misbah contributed to the incident by being slow away and hunting up. He said Ms Spittles had been a victim of circumstances and that Mr Misbah's horse had over-reacted. Ms Spittles said she looked before she moved across and believed she had room. Mr Ching in response said Mr Misbah was entitled to push up into clear space, especially as it was a 1250 race and re-iterated that Ms Spittles had not been clear when she moved across. Mr Parsons said Mr Misbah had pushed up and emphasised Ms Spittles had not moved into the line of the horse on Mr Misbah's inner which he said showed that Mr Misbah contributed to the incident.

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We are satisfied from the evidence of Mr Misbah and from the videos that shortly after the start Ms Spittles moved across when not her length and another clear and in so doing, moved into the line of Mr Misbah causing the 2 horses to clip heels. At best she was a length to a length and a quarter clear of Mr Misbah when she came across. We accept that Mr Misbah did move up more quickly than Ms Spittles had anticipated but had she been the necessary 2 lengths clear the clipping of heels would not have occurred. It is a mitigating factor but it does not affect Ms Spittles' liability under the rule. We thus find the breach proved.

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PENALTY

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Ms Spittles you are an apprentice jockey with some 130 rides. You are gaining in experience but still of course do not have the expertise of an fully-fledged jockey. This was evident in your continuing to move across when Mr Misbah was urging his horse forward. We accept in mitigation you had not anticipated he would hunt up so quickly when he was slow away and that this contributed to the incident.

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We agree with Mr Ching it is low to mid range. There is no mitigation to be given for an admission of the breach, but, as Mr Ching has said, you have an exemplary record with only a previous breach of this rule on your record. We believe a 2 day suspension is appropriate. Because of there being 14 races at Omakau, we equate that meeting to 1 ? days. We thus impose a suspension from the end of racing today up to an including 4 January and we impose a fine of $150.

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G Hall Chairman

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G Acklin Member

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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: 9d7afa4348e3983633db4d556acf9415


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 01/01/2006


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Waikouaiti RC - 1 January 2006 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Ching has alleged that approximately 50 metres after the start Ms C Spittles riding STRIKE IT LUCKY moved inwards when insufficiently clear causing HIGH STAR ridden by J Misbah to be severely checked and clipping a heel



Mr Ching has alleged that approximately 50 metres after the start Ms C Spittles riding STRIKE IT LUCKY moved inwards when insufficiently clear causing HIGH STAR ridden by J Misbah to be severely checked and clipping a heel. Ms Spittles denied the charge and was represented by Mr J Parsons.

--

--

Mr Ching demonstrated on the videos that shortly after the start Ms Spittles came across from 5 wide to 4 wide into the line of Mr Misbah on HIGH STAR. As a result the 2 horses clipped heels with HIGH STAR stumbling for a stride. Mr Ching stated Ms Spittles was not her length plus another clear.

--

--

Mr Ching called Mr Misbah who said that Ms Spittles had come across and clipped HIGH STAR's heel. He said he had been slow away and was urging his horse as he had instructions to race handy. He was unable to estimate the distance between his horse and that of Ms Spittles when she came across but said it was "very close".

--

--

Mr Parsons alleged Mr Misbah contributed to the incident by being slow away and hunting up. He said Ms Spittles had been a victim of circumstances and that Mr Misbah's horse had over-reacted. Ms Spittles said she looked before she moved across and believed she had room. Mr Ching in response said Mr Misbah was entitled to push up into clear space, especially as it was a 1250 race and re-iterated that Ms Spittles had not been clear when she moved across. Mr Parsons said Mr Misbah had pushed up and emphasised Ms Spittles had not moved into the line of the horse on Mr Misbah's inner which he said showed that Mr Misbah contributed to the incident.

--

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We are satisfied from the evidence of Mr Misbah and from the videos that shortly after the start Ms Spittles moved across when not her length and another clear and in so doing, moved into the line of Mr Misbah causing the 2 horses to clip heels. At best she was a length to a length and a quarter clear of Mr Misbah when she came across. We accept that Mr Misbah did move up more quickly than Ms Spittles had anticipated but had she been the necessary 2 lengths clear the clipping of heels would not have occurred. It is a mitigating factor but it does not affect Ms Spittles' liability under the rule. We thus find the breach proved.

--

--

 

--

 

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PENALTY

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--

Ms Spittles you are an apprentice jockey with some 130 rides. You are gaining in experience but still of course do not have the expertise of an fully-fledged jockey. This was evident in your continuing to move across when Mr Misbah was urging his horse forward. We accept in mitigation you had not anticipated he would hunt up so quickly when he was slow away and that this contributed to the incident.

--

--

We agree with Mr Ching it is low to mid range. There is no mitigation to be given for an admission of the breach, but, as Mr Ching has said, you have an exemplary record with only a previous breach of this rule on your record. We believe a 2 day suspension is appropriate. Because of there being 14 races at Omakau, we equate that meeting to 1 ? days. We thus impose a suspension from the end of racing today up to an including 4 January and we impose a fine of $150.

--

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G Hall Chairman

--

G Acklin Member

--


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules:


Informant:


JockeysandTrainer:


Otherperson:


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Respondent:


StipendSteward:


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