Wellington RC – 6 November 2007 – Race 8

hearingid: dbba3ba9b01796023d4919cfd8351c47

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 06/11/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Wellington RC - 6 November 2007 - Race 8

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 8, the New Zealand Bloodstock Cuddle Stakes, J Waddell the rider of KIRRA SAND was charged with a breach of Rule 871(1)(d). Careless riding.

Following the running of Race 8, the New Zealand Bloodstock Cuddle Stakes, J Waddell the rider of KIRRA SAND was charged with a breach of Rule 871(1)(d). Careless riding.

It was alleged that Mr Waddell permitted his mount to shift in near the 1,400m when not clear of VERCORS which had to be checked.

Mr Waddell admitted the breach.

Prior to receiving submissions on penalty the committee were shown the films of the incident.

These demonstrated where, shortly after the start, Mr Waddell allowed KIRRA SAND to move inward and crowd VERCORS who had to check with the result being that it lost some two or three lengths.

Mr Waddell confirmed the interpretation of the films.

When making his penalty submissions Mr Ray commenced by presenting Mr Waddell’s riding record. This demonstrated a clear record, notwithstanding that Mr Waddell has only been back riding since the mid August this year. Nevertheless Mr Ray considered the record a good one, as since his return Mr Waddell has been a busy rider.

With regard to penalty Mr Ray sought a period of suspension in the range of six to ten days together with a fine in the range of $1,000 to $2,000

Mr Waddell when addressing the committee considered the submissions of Mr Ray harsh and asked that a fine be considered in lieu of days.

Mr Waddell also outlined his forthcoming riding schedule.

When considering the matter of penalty the committee are clearly of the view that a term of suspension is appropriate in this case.

The riding complained of has occurred in a group race and the imposition of a fine would be a significant deviation from other penalties imposed for similar breaches.

Riders are well aware that in recent times penalties imposed for breaches in group races or races of significance have attracted penalties in excess of what would be imposed in races of lesser status and standing.

Therefore we believe that a suspension of Mr Waddell’s licence is the appropriate.

When determining the quantum to be imposed we have used a starting point the term of suspension of five days to which we have then applied the following aggravating and mitigating factors;

--
1. The degree of carelessness
--
2. That the breach occurred in a Group race
--
3. The good record of Mr Waddell
--
4. The ready admission of the breach
--
5. The status of the upcoming race days

With regard to these factors;

--
1. We are inclined to the view that this breach sits somewhere above mid range. As although it is acknowledged that it occurred relatively early in the race it nevertheless compelled another runner check and change its intended line of running.
--
2. The fact that the breach occurred in a group race is of significance and there is general acceptance that offences committed in these races will attract higher tariffs than those of lower staked or status races. We are of this view and have factored this into our determination.
--
3. Mr Waddell’s record, although clear, covers a relatively short period of time however it is accepted that he has had a significant number of rides in this period and credit is given for this.
--
4. At the outset Mr Waddell admitted the breach and the committee acknowledges this and gives him credit for it.
--
5. The statuses of the days to be missed by a suspension are also noted. That being two premier days in the South Island.

The committee finds, after carefully considering all relevant factors, that the appropriate penalty is a suspension of Mr Waddell’s licence for a period of five race days. It has been submitted by the informant that higher penalty should be imposed and we are not entirely opposed to this view, however Mr Waddell is going to miss two Premier days and this is of relevance in this case. Therefore after taking into consideration those days to which he holds engagements we find that Mr Waddell’s licence be suspended from the conclusion of racing on Saturday 10^th November up to and including racing on Saturday 17^th November 2007.

R L H Neal

Chairman

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 871.1.d

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 054d58bc4d1cfcfceb4dc18c59c37473

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 8

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 7e291c067ea510a7db2bd62a22079851

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 06/11/2007

meet_title: Wellington RC - 6 November 2007

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: wellington-rc

meet_racingtype: thoroughbred-racing

meet_chair:

meet_pm1:

meet_pm2:

name: Wellington RC