Canterbury Racing – 23 October 2005 –
ID: JCA21561
Hearing Type (Code):
thoroughbred-racing
Decision:
A charge of careless riding was laid against Mr JC Bates (Licensed Jockey) as a result of an incident in Race 7.
| -- THE FACTS --A charge of careless riding was laid against Mr JC Bates (Licensed Jockey) as a result of an incident in Race 7. --Mr SC Ching, Stipendiary Steward, alleged that Mr Bates, the rider of MOBY, allowed his mount to move inwards when not sufficiently clear with approximately 1800 metres to run, the movement causing LIVE BY THE SWORD (JS Bullard) to check. --Mr Ching called JS Bullard to give evidence. JS Bullard stated that whilst on the rail, Mr Bates caused tightening to his mount, by putting pressure on his line of running. He said his mount "baulked" as a result of the tightening. He confirmed to the hearing that he had told Mr Ching after the race that the tightening came from the outside. --In cross-examination, Mr Bates asked JS Bullard if he actually crossed over JS Bullard's line of running. JS Bullard's response was that the hindquarters were Mr Bates' mount were there. --The video was shown. The video showed that Mr Bates was at the relevant time almost his own length clear of JS Bullard, when JS Bullard's mount stumbled. No evidence was given to suggest conclusively that JS Bullard's mount had clipped a heel of Mr Bates' mount. --However, of significant importance, is the fact that the video evidence did not demonstrate the running lines of the horses concerned. Neither did it seem to show any significant inwards movement on the part of Mr Bates' mount. --Thus the case turns on JS Bullard's evidence alone. --We are able to make a decision on the basis of oral evidence alone. In so doing, we remind ourselves that among other things, we must assess the credibility of the witness and the strength of the evidence given. --Whilst JS Bullard may have been unequivocal in his statement to Mr Ching after the race, he certainly did not seem to us to be as convinced of the cause of the incident in the hearing before us. We re-iterate, that no one seems to be able to tell us with any degree of certainty, what caused JS Bullard's mount to stumble in the fashion that it did. --Having regard, therefore, to the difficulties with the video evidence and JS Bullard's somewhat equivocal evidence, we find ourselves in the position of being in some doubt. That being the case, we must therefore find that the charge has not been proved to the appropriate standard of proof, and it is dismissed accordingly. ---- --
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Decision Date: 23/10/2005
Publish Date: 23/10/2005
JCA Decision Fields (raw)
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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: d1770d13eeaebc92d75be274ae2a205f
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 23/10/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Canterbury Racing - 23 October 2005 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
A charge of careless riding was laid against Mr JC Bates (Licensed Jockey) as a result of an incident in Race 7.
| -- THE FACTS --A charge of careless riding was laid against Mr JC Bates (Licensed Jockey) as a result of an incident in Race 7. --Mr SC Ching, Stipendiary Steward, alleged that Mr Bates, the rider of MOBY, allowed his mount to move inwards when not sufficiently clear with approximately 1800 metres to run, the movement causing LIVE BY THE SWORD (JS Bullard) to check. --Mr Ching called JS Bullard to give evidence. JS Bullard stated that whilst on the rail, Mr Bates caused tightening to his mount, by putting pressure on his line of running. He said his mount "baulked" as a result of the tightening. He confirmed to the hearing that he had told Mr Ching after the race that the tightening came from the outside. --In cross-examination, Mr Bates asked JS Bullard if he actually crossed over JS Bullard's line of running. JS Bullard's response was that the hindquarters were Mr Bates' mount were there. --The video was shown. The video showed that Mr Bates was at the relevant time almost his own length clear of JS Bullard, when JS Bullard's mount stumbled. No evidence was given to suggest conclusively that JS Bullard's mount had clipped a heel of Mr Bates' mount. --However, of significant importance, is the fact that the video evidence did not demonstrate the running lines of the horses concerned. Neither did it seem to show any significant inwards movement on the part of Mr Bates' mount. --Thus the case turns on JS Bullard's evidence alone. --We are able to make a decision on the basis of oral evidence alone. In so doing, we remind ourselves that among other things, we must assess the credibility of the witness and the strength of the evidence given. --Whilst JS Bullard may have been unequivocal in his statement to Mr Ching after the race, he certainly did not seem to us to be as convinced of the cause of the incident in the hearing before us. We re-iterate, that no one seems to be able to tell us with any degree of certainty, what caused JS Bullard's mount to stumble in the fashion that it did. --Having regard, therefore, to the difficulties with the video evidence and JS Bullard's somewhat equivocal evidence, we find ourselves in the position of being in some doubt. That being the case, we must therefore find that the charge has not been proved to the appropriate standard of proof, and it is dismissed accordingly. ---- --
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sumissionsforpenalty:
reasonsforpenalty:
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hearing_type: Old Hearing
Rules:
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