Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Whangarei RC – 6 August 2010 – R 8

ID: JCA20861

Hearing Type:
Old Hearing

Rules:
638(1)(d)

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Whangarei RC - 6 August 2010

Meet Chair:
tom

Meet Committee Member 1:
tom

Meet Committee Member 2:
tom

Race Date:
2010/08/06

Race Number:
R 8

Decision: --

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr M Williamson

--

Defendant:  Mr H Kasim

--

Information No: 424

--

Meeting:  Whangarei Racing Club

--

Date:  6 August 2010

--

Venue:  Ruakaka

--

Race:  8

--

Rule No:  638 (1) (d)

--

Judicial Committee:  R Seabrook, Chairman – A Godsalve -Committee Member 

--

Plea:  Admitted

--

Also Present:  Mr K Rae

--

 

--

CHARGES:

--

Following race 8 an Information was file pursuant to rule 638 (1) (d).  The informant Mr Williamson alleged that Mr H Kasim permitted his mount GALLIVANT to shift outwards near the 150 metres when not sufficiently clear of STRAIGHT THUNDER (R Norvall) which was severely checked.  This caused a resultant check to ENDOR (J McDonald).

--

 

--

FACTS:

--

Mr Oatham demonstrated the video films which showed with approximately 150 metres to run, GALLAVANT (H Kasim) move out sharply to achieve a better run.  Mr Oatham said there was never sufficient room to pursue the run and the result was a severe check to STRAIGHT THUNDER (R Norvall).  He said Mr Kasim did take a hold but it was too late.  However Mr Oatham said there were some mitigating facts, the main one being the outward movement of KULA ME KOOL (T Thornton).  He said although Mr Kasim was approximately 2 lengths behind Mrs Thornton he did move out to avoid the heels of her mount which made the incident look worse.  Mr Oatham also said that horses on the inside of Mrs Thornton may have rolled out slightly causing her to shift out as she did.

--

 

--

SUBMISSIONS:

--

Mr Rae said that DANNY BOLT was racing erratically which he believes affected Mrs Thornton’s mount which in turn caused Mr Kasim to move out.  He added that Mr Kasim’s mount was a colt and he had overreacted.

--

 

--

Mr Kasim, while he admitted angling his mount out, said that GALLIVANT overreacted and just ran out quickly.

--

 

--

SUBMISSION(s) ON PENALTY:

--

Mr Williamson said that Mr Kasim had intended to move out when there was no room to do so.  He said that Mr Kasim had quickly realized he had done the wrong thing but it was too late to correct his mount and avoid the interference.  However he said the Committee should consider the outward movement of KULA ME KOOL.  Mr Williamson produced Mr Kasim’s record showing three suspensions in the last 12 months.  He submitted that Mr Kasim’s carelessness was at the mid to high range.

--

Mr Kasim said he only had commitments for the Counties meeting tomorrow so wished to start any suspension after that.

--

 

--

REASON(s):

--

The Committee carefully considered all evidence and submissions before imposing an appropriate penalty.  It is clearly evident that Mr Norvall has suffered a severe check from Mr Kasim’s mount moving out sharply into his line when not the required distance clear.  The Committee believes that Mr Kasim may well have been facing a more serious charge if it had not been for some mitigating factors.  The main one of these is the outward movement of KULA ME KOOL and although that horse was clear of Mr Kasim’s mount, GALLAVANT, the Committee is satisfied this movement contributed to and accentuated the resulting interference.  This was quick and sharp indicating that GALLAVANT may have overreacted. 

--

 

--

PENALTY:

--

Accordingly after taking all the above factors into account we impose a suspension on Mr Kasim from riding in races which is to start after racing on 7 August and conclude after racing on 15 August 2010 (6 days).

--

 

--

 

--

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: 7144c86e88e5293c1e06edbe795b285e


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 06/08/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Whangarei RC - 6 August 2010 - R 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr M Williamson

--

Defendant:  Mr H Kasim

--

Information No: 424

--

Meeting:  Whangarei Racing Club

--

Date:  6 August 2010

--

Venue:  Ruakaka

--

Race:  8

--

Rule No:  638 (1) (d)

--

Judicial Committee:  R Seabrook, Chairman – A Godsalve -Committee Member 

--

Plea:  Admitted

--

Also Present:  Mr K Rae

--

 

--

CHARGES:

--

Following race 8 an Information was file pursuant to rule 638 (1) (d).  The informant Mr Williamson alleged that Mr H Kasim permitted his mount GALLIVANT to shift outwards near the 150 metres when not sufficiently clear of STRAIGHT THUNDER (R Norvall) which was severely checked.  This caused a resultant check to ENDOR (J McDonald).

--

 

--

FACTS:

--

Mr Oatham demonstrated the video films which showed with approximately 150 metres to run, GALLAVANT (H Kasim) move out sharply to achieve a better run.  Mr Oatham said there was never sufficient room to pursue the run and the result was a severe check to STRAIGHT THUNDER (R Norvall).  He said Mr Kasim did take a hold but it was too late.  However Mr Oatham said there were some mitigating facts, the main one being the outward movement of KULA ME KOOL (T Thornton).  He said although Mr Kasim was approximately 2 lengths behind Mrs Thornton he did move out to avoid the heels of her mount which made the incident look worse.  Mr Oatham also said that horses on the inside of Mrs Thornton may have rolled out slightly causing her to shift out as she did.

--

 

--

SUBMISSIONS:

--

Mr Rae said that DANNY BOLT was racing erratically which he believes affected Mrs Thornton’s mount which in turn caused Mr Kasim to move out.  He added that Mr Kasim’s mount was a colt and he had overreacted.

--

 

--

Mr Kasim, while he admitted angling his mount out, said that GALLIVANT overreacted and just ran out quickly.

--

 

--

SUBMISSION(s) ON PENALTY:

--

Mr Williamson said that Mr Kasim had intended to move out when there was no room to do so.  He said that Mr Kasim had quickly realized he had done the wrong thing but it was too late to correct his mount and avoid the interference.  However he said the Committee should consider the outward movement of KULA ME KOOL.  Mr Williamson produced Mr Kasim’s record showing three suspensions in the last 12 months.  He submitted that Mr Kasim’s carelessness was at the mid to high range.

--

Mr Kasim said he only had commitments for the Counties meeting tomorrow so wished to start any suspension after that.

--

 

--

REASON(s):

--

The Committee carefully considered all evidence and submissions before imposing an appropriate penalty.  It is clearly evident that Mr Norvall has suffered a severe check from Mr Kasim’s mount moving out sharply into his line when not the required distance clear.  The Committee believes that Mr Kasim may well have been facing a more serious charge if it had not been for some mitigating factors.  The main one of these is the outward movement of KULA ME KOOL and although that horse was clear of Mr Kasim’s mount, GALLAVANT, the Committee is satisfied this movement contributed to and accentuated the resulting interference.  This was quick and sharp indicating that GALLAVANT may have overreacted. 

--

 

--

PENALTY:

--

Accordingly after taking all the above factors into account we impose a suspension on Mr Kasim from riding in races which is to start after racing on 7 August and conclude after racing on 15 August 2010 (6 days).

--

 

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 638(1)(d)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1a5bab4640fe14dc327cb81cde5f69aa


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 10d6e97e7a20edb9634f57551edbb84a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/08/2010


meet_title: Whangarei RC - 6 August 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: tom


meet_pm1: tom


meet_pm2: tom


name: Whangarei RC