Taranaki TRI 30 January 2015 – R 8 (heard on 11 February 2015 at Ellerslie)

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hearing_racingtype: thoroughbred-racing

startdate: 30/01/2015

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hearing_title: Taranaki TRI 30 January 2015 - R 8 (heard on 11 February 2015 at Ellerslie)

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RACEDAY JUDICIAL COMMITTEE DECISION

Taranaki TRI 30 January 2015 – R 8 (heard on 11 February 2015 at Ellerslie)

Informant: Mr N Goodwin – Stipendiary Steward

Respondent: Mr R Hutchings - Licensed Apprentice Rider of BERG EN DAL

Information No: A6796

Meeting: Taranaki TRI

Date: 30 January 2015

Rule No: 638(1) (d)

Race: 9

Committee: A Dooley, Chairman - R Seabrook, Committee Member

Plea: Admitted

Person's Present: Mr G Rogerson – Trainer / Employer assisting Mr Hutchings

Mr J Oatham – Senior Stipendiary Steward

Charge: Careless Riding

Evidence:

This is an adjourned hearing arising from Race 8 at the Taranaki TRI on the 30th January 2015. The Stipendiary Stewards consented to a request by Mr Hutchings to have the hearing adjourned to a later date due to travel commitments.

This hearing took place prior to race 1 at the Auckland RC on the 11th of February 2015.

Following the running of race 8, the “Saturday February 14th Hooker Pacific Taranaki Cup 1400”, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Goodwin, alleged that Mr Hutchings the rider of BERG EN DAL shifted his mount outwards near the 250 metres when not clear of OUR GIRL KATIE (L Allpress). Also affected was WILLBEOKAY (R Hannam).

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Hutchings acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr Rogerson assisted Mr Hutchings at the hearing.

Mr Oatham represented Mr Goodwin at the hearing.

Mr Oatham demonstrated on the head on film that initially in the home straight a run had opened when the leader LUMIERE BLUE briefly moved away from the rail but he then identified that the run had gone. He showed at that point Mr Hutchings directed his mount out when not the required distance clear and made solid contact with OUR GIRL KATIE. He said this resulted in that runner shifting ground out and checking WILLBEOKAY which clipped that runner’s heels and blundered. He added that when Mr Hutchings was held up for a run behind the leader he had an obligation to take a hold of his mount to avoid the interference occurring. He noted that BERG EN DAL went on to win the race.

In response to a question from Mr Rogerson, Mr Oatham acknowledged there was some contribution to the interference from the leader LUMIERE BLUE.

Mr Hutchings told the Committee that there was a run presented to him for a few strides and he was entitled to that run. He said OUR GIRL KATIE had shifted in a fraction and he noted LUMIERE BLUE moved out 1 horse width which had contributed to the interference.

In response to a question from the Committee, Mr Hutchings advised that he had nothing further to add and Mr Rogerson would speak on his behalf regarding penalty submissions.

Mr Rogerson when asked advised that he would raise some points during penalty submissions.

Decision

As Mr Hutchings admitted the breach we find the charge proved.

Submissions for Penalty

Mr Oatham produced Mr Hutchings’ record which showed 3 previous breaches under this Rule in the last 12 months.

23.2.14 Wairoa – 4 days
26.2.14 Waikato – 4 days
6.12.14 Ellerslie – 4 days

Mr Oatham said Mr Hutchings was one of the busiest jockeys in the country with 1,007 rides in the last 12 months. He said a rider with 4 breaches of this Rule would normally be described as having a fair record. However, he believed Mr Hutchings’ record was a relatively good one given his quantity of rides. He assessed the level of carelessness as above mid – range and noted the consequences were Mr Hannam was fortunate not be dislodged from WILLBEOKAY. Mr Oatham submitted an appropriate penalty would be in the 4 to 5 day range.

Mr Rogerson identified on the video film that the leading horse had contributed to the incident by moving off the running rail. He said Mr Hutchings then had no other option but to come out which he conceded resulted in OUR GIRL KATIE receiving a bump. He said OUR GIRL KATIE had also contributed to the interference by shifting in slightly. He believed Mr Hutchings was a victim of circumstances and added he was only partly culpable for the interference. He submitted Mr Hutchings had an excellent record under this Rule for a busy rider and asked the Committee to consider a reprimand as an appropriate penalty for this breach.

In response to a question from the Committee, Mr Rogerson submitted if any suspension was to be imposed he asked the Committee to consider that Mr Hutchings rides all over the country and he is engaged to ride SORIANO on the 21st of February in a Group 1 race at Otaki.

Mr Rogerson advised that Mr Hutchings had upcoming engagements at Taranaki on 14 February, and any proposed suspension could commence after that.

Reasons for Penalty

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr Hutchings’ admission of the breach and we assess his record under this Rule as good given that he is an extremely busy rider and 2 of his breaches occurred this time last year. After reviewing the films frame by frame we accept that LUMIERE BLUE has shifted out 1 horse width. However, the aggravating factors are when the films are synchronised the side – on view shows at the point Mr Hutchings directed his mount out and forced a run he was only a slight margin in front of OUR GIRL KATIE. This resulted in that horse receiving a solid bump and shifting out approximately 2 horse widths. In doing so WILLBEOKAY then clipped the heel of OUR GIRL KATIE and blundered badly. We assess the level of carelessness as mid – range and note that BERG EN DAL went on to win the race.

The Committee accepts that Mr Hutchings has ridden in the South Island on various occasions in the last 12 months, the most recent being on 6 February at Wingatui racecourse.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.

Penalty

Mr Hutchings was present for the announcement of the penalty in Mr Rogerson’s absence.

Accordingly, Mr Hutchings had his license to ride in races suspended for a period to commence after racing on 14 February and conclude after racing on 20 February 2015 (4 days).

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hearing_type: Old Hearing

Rules: 638(1)(d)

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