Wellington RC 20 January 2018 – R 7 (heard 21 January 2018 at Te Rapa) – Chair, Mr A Dooley
ID: JCA21984
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Wellington RC - 20 January 2018
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
NMoffatt
Race Date:
2018/01/20
Race Number:
R 7
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Oatham – Chief Stipendiary Steward
Respondent: Mr J Waddell – Rider of KAWI
Information No: A8812
Meeting: Wellington Racing Club
Date: 20 January 2018 (heard on 21 January 2018 at Te Rapa)
Rule: 638(1)(d)
Judicial Committee: Mr A Dooley, Chair, - Mr G Jones, Committee Member
Also Present: Mr D Anderson – Agent for Mr Waddell, Mr B Jones – Stipendiary Steward (video film operator), Mr L Innes - Rider of ROCANTO
Charge: Careless Riding
Plea: Denied
Evidence
Following the running of race 7, J R & N Berkett Telegraph (Group 1), an Information was filed pursuant to Rule 638(1)(d).The Informant, Mr Oatham, alleged that Mr Waddell angled his mount KAWI outwards when not clear of ROCANTO which was checked near the 500 metres.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Waddell denied the breach and acknowledged the he understood the Rule and the nature of the charge.
Mr Waddell was supported at the hearing by his Agent, Mr Anderson.
This charge arises from the Wellington RC on 20 January. We understand that the charge was unable to be heard on the day due to Mr Waddell’s travel commitments. Accordingly it was heard prior to race 1 at the Waikato RC on 21 January.
Submissions for Decision
Mr Oatham advised the Committee that the full race day video system was not available. However, he said the available system today did provide for all full angles to be displayed at the same time. The Committee outlined the procedure for the hearing and there were no objections.
Mr Oatham advised that in addition to demonstrating the alleged breach by way of the available video films it was proposed that Mr Innes, the rider of ROCANTO, would be called as a witness.
Using the back on turn film Mr Oatham identified KAWI was racing at the rear of the field with ROCANTO ahead of that runner and to his outside were MISS WILSON and SACRED STAR. He said that near the straight entrance ROCANTO, MISS WILSON and SACRED STAR were checked to varying degrees. He said this was a result of Mr Waddell improving his mount quickly with the other runners taking different paths into the home straight. He said the checks occurred when Mr Waddell shifted out when riding his mount forward. He added that VOLPE VELOCE may have contributed slightly but Mr Waddell was intent on getting out and he continued to ride KAWI forward.
Using the side on view and the back on film Mr Oatham demonstrated that VOLPE VELOCE was always clear of KAWI when shifting out. He added that Mr Waddell was never clear of ROCANTO when riding his mount forward.
Mr Oatham demonstrated on the head on film that Mr Waddell was riding outwards quite aggressively and that the film showed the check to ROCANTO. Similarly using the back on view in slow motion he said Mr Waddell was riding forward with vigour wanting to get out into clear running and in doing so Mr Innes had to check ROCANTO quite sharply and MISS WILSON became unbalanced. He said that MISS WILSON took some time to recover, she finished on and it may have had a bearing on her chances. He added that ROCANTO did not appear to be travelling well at the time of the check.
Under cross examination Mr Waddell asked Mr Oatham whether ROCANTO’s racing manners were a contributing factor. In response Mr Oatham said that he did not believe that it was factor. Mr Oatham also said that although VOLPE VELOCE shifted out slightly, Mr Waddell was intent in coming out. He said while Mr Waddell may have been dictated to slightly he still has an obligation not to shift ground when not sufficiently clear.
In response to a question from the Committee, Mr Oatham said that Mr Waddell was never more than 1 length clear when shifting out onto ROCANTO.
Mr Innes confirmed that his mount ROCANTO suffered interference near the 500 metres. He said that as the field were near the junction he was in a bad spot when Mr Waddell’s mount “shifted out a bit”. He said that ROCANTO was not travelling that well and as a result of the check he shifted out onto MISS WILSON. When asked by Mr Oatham, Mr Innes stated that Mr Waddell was ¾ to 1 length clear and he was “pretty sure the pressure came from his inside”. He added that his mount was tiring at that stage in the race.
Under cross examination from Mr Waddell concerning ROCANTO’s racing manners Mr Innes said that he’s a colt, this is possibly his last race in New Zealand and “he didn’t give me a nice ride all of the way”.
Mr Waddell in his evidence told the Committee that he did not deny Mr Innes’s mount was interfered with, but he said the interference was not due to his actions or his carelessness. He said that KAWI was “ricocheted” out by VOLPE VELOCE when it shifted out 3 horse widths. He said that ROCANTO had poor racing manners and there was tightening from runners to his outside. He said VOPLE VELOCE’s rider is at fault and the wrong person has been charged.
The Committee invited Mr Waddell to demonstrate his case by using the available video films. Mr Waddell accepted this offer and identified his interpretation of the alleged incident.
In summing up Mr Oatham said the Stewards have a different interpretation of the incident, particularly the impact of VOLPE VELOCE shifting out. He said the Stewards submit that Mr Waddell has thrown caution to the wind and if he was getting pressure from the inside, he had an obligation to take a hold of his mount.
In summing up Mr Waddell reiterated that he believed the wrong rider has been charged and the charge should be either withdrawn or he be found not guilty.
Reasons for Decision
The Committee carefully considered all the evidence and submissions presented. We studied the video films to determine what part VOLPE VELOCE or its rider had to play in this alleged incident given the emphasis that Mr Waddell placed on it in his defence. We established that Mr Waddell identified a gap and he appeared intent on taking that gap which caused interference to both ROCANTO and MISS WILSON near the 500 metres. Whilst we observed that VOLPE VELOCE did shift out, this did not result in a check to KAWI and VOLPE VELOCE was sufficiently clear and entitled to do so. On the other hand it was evident that when Mr Waddell directed his mount KAWI outwards it was in a rather abrupt manner when approximately ¾ of a length clear of ROCANTO. We don’t believe that in making the manoeuvre Mr Waddell took all the reasonable steps available to him to avoid the interference occurring and on that basis we find the charged proved.
Decision
For the reasons detailed above we find the charge against Mr Waddell proved.
Submissions for Penalty
Mr Oatham produced Mr Waddell’s record which showed 4 previous breaches under this Rule in the last 12 months.
8 March – 4 days
1 April – 11 days (Group 1 race)
28 October – 4 days
11 November – 14 days (Group1 race – 4 horses interfered with)
Mr Oatham said that it is a concern that this is Mr Waddell’s 5th charge in the last 12 months and his 3rd in a Group 1 race. He said although he accepted that there is a lot more pressure in Group races Mr Waddell needs to temper his will to win. He described his record as a neutral factor.
Mr Oatham submitted that the incident was mid-range and an 8 day starting point should be considered. He said the aggravating factors included the breach occurred in a Group 1 race with stake money of $250,000. He said Mr Waddell did throw caution to the wind to a degree but accepted there were a few other factors involved. He said had Mr Waddell showed more patience the incident need not have occurred.
Mr Oatham in conclusion submitted a suspension in the 10 to 12 national day range. Further he said that an additional fine maybe considered due to KAWI finishing 2nd, he advised the stake money for that position was $47,000.
Mr Waddell submitted that he commences an 8 day suspension today which relates to a whip charge from last week. He said that his overall record is pretty good but he is trying too hard. He submitted that the interference was not due to his carelessness and a 6 to 8 day suspension with the addition of a fine would be appropriate. In his view the incident had no bearing on the affected horses and they lost no prizemoney as a result on the interference. He added that any proposed suspension would result in him missing riding opportunities in Group races at Te Rapa on February 10 and if the penalty included that meeting it would not “fit the crime”.
Reasons for Penalty
The Committee carefully considered all the evidence and submissions presented.
The Committee after studying the video films deemed the level of carelessness displayed by Mr Waddell to be mid-range and adopted the recommended starting point of 8 days.
The Committee had regard for Rule 920 (2) when fixing penalty.
RULE 920 (2):
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
The clear aggravating factors were the breach occurred in a Group 1 race with stake payable of $250,000 and as a consequence of Mr Waddell’s actions ROCANTO and MISS WILSON were interfered with to varying degrees. These combined factors warrant an uplift in penalty.
The Committee is concerned that 3 of Mr Waddell’s 5 charges in the last 12 months have occurred in Group1 races. We consider his record in the last 12 months to be fair.
In response to Mr Waddell’s submission that any proposed suspension should not disadvantaged him the opportunity to ride in Group races at Te Rapa on February 10. In our view the importance of the Iconic/Premier upcoming meetings should be in the forefront of Jockeys' minds, causing them to be even more determined not to breach the Rules.
The Committee advised Mr Waddell that had KAWI won the race then he would have incurred a large fine and in addition a higher suspension.
After taking into account all the above factors the Committee considered that an appropriate suspension would be 11 national riding days.
Penalty
Mr Waddell is suspended from the close of racing on Saturday, January 20th up to and including racing on Wednesday, January 31st as a result of a whip breach on 13 January 2018.
Accordingly for Information No. A8812, Mr Waddell had his license to ride in races suspended for a period to commence after racing on 31 January and conclude after racing on 16 February 2018.
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: abdf5166c7a0f7c08e976e94780d4e93
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 20/01/2018
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Wellington RC 20 January 2018 - R 7 (heard 21 January 2018 at Te Rapa) - Chair, Mr A Dooley
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Oatham – Chief Stipendiary Steward
Respondent: Mr J Waddell – Rider of KAWI
Information No: A8812
Meeting: Wellington Racing Club
Date: 20 January 2018 (heard on 21 January 2018 at Te Rapa)
Rule: 638(1)(d)
Judicial Committee: Mr A Dooley, Chair, - Mr G Jones, Committee Member
Also Present: Mr D Anderson – Agent for Mr Waddell, Mr B Jones – Stipendiary Steward (video film operator), Mr L Innes - Rider of ROCANTO
Charge: Careless Riding
Plea: Denied
Evidence
Following the running of race 7, J R & N Berkett Telegraph (Group 1), an Information was filed pursuant to Rule 638(1)(d).The Informant, Mr Oatham, alleged that Mr Waddell angled his mount KAWI outwards when not clear of ROCANTO which was checked near the 500 metres.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Waddell denied the breach and acknowledged the he understood the Rule and the nature of the charge.
Mr Waddell was supported at the hearing by his Agent, Mr Anderson.
This charge arises from the Wellington RC on 20 January. We understand that the charge was unable to be heard on the day due to Mr Waddell’s travel commitments. Accordingly it was heard prior to race 1 at the Waikato RC on 21 January.
Submissions for Decision
Mr Oatham advised the Committee that the full race day video system was not available. However, he said the available system today did provide for all full angles to be displayed at the same time. The Committee outlined the procedure for the hearing and there were no objections.
Mr Oatham advised that in addition to demonstrating the alleged breach by way of the available video films it was proposed that Mr Innes, the rider of ROCANTO, would be called as a witness.
Using the back on turn film Mr Oatham identified KAWI was racing at the rear of the field with ROCANTO ahead of that runner and to his outside were MISS WILSON and SACRED STAR. He said that near the straight entrance ROCANTO, MISS WILSON and SACRED STAR were checked to varying degrees. He said this was a result of Mr Waddell improving his mount quickly with the other runners taking different paths into the home straight. He said the checks occurred when Mr Waddell shifted out when riding his mount forward. He added that VOLPE VELOCE may have contributed slightly but Mr Waddell was intent on getting out and he continued to ride KAWI forward.
Using the side on view and the back on film Mr Oatham demonstrated that VOLPE VELOCE was always clear of KAWI when shifting out. He added that Mr Waddell was never clear of ROCANTO when riding his mount forward.
Mr Oatham demonstrated on the head on film that Mr Waddell was riding outwards quite aggressively and that the film showed the check to ROCANTO. Similarly using the back on view in slow motion he said Mr Waddell was riding forward with vigour wanting to get out into clear running and in doing so Mr Innes had to check ROCANTO quite sharply and MISS WILSON became unbalanced. He said that MISS WILSON took some time to recover, she finished on and it may have had a bearing on her chances. He added that ROCANTO did not appear to be travelling well at the time of the check.
Under cross examination Mr Waddell asked Mr Oatham whether ROCANTO’s racing manners were a contributing factor. In response Mr Oatham said that he did not believe that it was factor. Mr Oatham also said that although VOLPE VELOCE shifted out slightly, Mr Waddell was intent in coming out. He said while Mr Waddell may have been dictated to slightly he still has an obligation not to shift ground when not sufficiently clear.
In response to a question from the Committee, Mr Oatham said that Mr Waddell was never more than 1 length clear when shifting out onto ROCANTO.
Mr Innes confirmed that his mount ROCANTO suffered interference near the 500 metres. He said that as the field were near the junction he was in a bad spot when Mr Waddell’s mount “shifted out a bit”. He said that ROCANTO was not travelling that well and as a result of the check he shifted out onto MISS WILSON. When asked by Mr Oatham, Mr Innes stated that Mr Waddell was ¾ to 1 length clear and he was “pretty sure the pressure came from his inside”. He added that his mount was tiring at that stage in the race.
Under cross examination from Mr Waddell concerning ROCANTO’s racing manners Mr Innes said that he’s a colt, this is possibly his last race in New Zealand and “he didn’t give me a nice ride all of the way”.
Mr Waddell in his evidence told the Committee that he did not deny Mr Innes’s mount was interfered with, but he said the interference was not due to his actions or his carelessness. He said that KAWI was “ricocheted” out by VOLPE VELOCE when it shifted out 3 horse widths. He said that ROCANTO had poor racing manners and there was tightening from runners to his outside. He said VOPLE VELOCE’s rider is at fault and the wrong person has been charged.
The Committee invited Mr Waddell to demonstrate his case by using the available video films. Mr Waddell accepted this offer and identified his interpretation of the alleged incident.
In summing up Mr Oatham said the Stewards have a different interpretation of the incident, particularly the impact of VOLPE VELOCE shifting out. He said the Stewards submit that Mr Waddell has thrown caution to the wind and if he was getting pressure from the inside, he had an obligation to take a hold of his mount.
In summing up Mr Waddell reiterated that he believed the wrong rider has been charged and the charge should be either withdrawn or he be found not guilty.
Reasons for Decision
The Committee carefully considered all the evidence and submissions presented. We studied the video films to determine what part VOLPE VELOCE or its rider had to play in this alleged incident given the emphasis that Mr Waddell placed on it in his defence. We established that Mr Waddell identified a gap and he appeared intent on taking that gap which caused interference to both ROCANTO and MISS WILSON near the 500 metres. Whilst we observed that VOLPE VELOCE did shift out, this did not result in a check to KAWI and VOLPE VELOCE was sufficiently clear and entitled to do so. On the other hand it was evident that when Mr Waddell directed his mount KAWI outwards it was in a rather abrupt manner when approximately ¾ of a length clear of ROCANTO. We don’t believe that in making the manoeuvre Mr Waddell took all the reasonable steps available to him to avoid the interference occurring and on that basis we find the charged proved.
Decision
For the reasons detailed above we find the charge against Mr Waddell proved.
Submissions for Penalty
Mr Oatham produced Mr Waddell’s record which showed 4 previous breaches under this Rule in the last 12 months.
8 March – 4 days
1 April – 11 days (Group 1 race)
28 October – 4 days
11 November – 14 days (Group1 race – 4 horses interfered with)
Mr Oatham said that it is a concern that this is Mr Waddell’s 5th charge in the last 12 months and his 3rd in a Group 1 race. He said although he accepted that there is a lot more pressure in Group races Mr Waddell needs to temper his will to win. He described his record as a neutral factor.
Mr Oatham submitted that the incident was mid-range and an 8 day starting point should be considered. He said the aggravating factors included the breach occurred in a Group 1 race with stake money of $250,000. He said Mr Waddell did throw caution to the wind to a degree but accepted there were a few other factors involved. He said had Mr Waddell showed more patience the incident need not have occurred.
Mr Oatham in conclusion submitted a suspension in the 10 to 12 national day range. Further he said that an additional fine maybe considered due to KAWI finishing 2nd, he advised the stake money for that position was $47,000.
Mr Waddell submitted that he commences an 8 day suspension today which relates to a whip charge from last week. He said that his overall record is pretty good but he is trying too hard. He submitted that the interference was not due to his carelessness and a 6 to 8 day suspension with the addition of a fine would be appropriate. In his view the incident had no bearing on the affected horses and they lost no prizemoney as a result on the interference. He added that any proposed suspension would result in him missing riding opportunities in Group races at Te Rapa on February 10 and if the penalty included that meeting it would not “fit the crime”.
Reasons for Penalty
The Committee carefully considered all the evidence and submissions presented.
The Committee after studying the video films deemed the level of carelessness displayed by Mr Waddell to be mid-range and adopted the recommended starting point of 8 days.
The Committee had regard for Rule 920 (2) when fixing penalty.
RULE 920 (2):
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
The clear aggravating factors were the breach occurred in a Group 1 race with stake payable of $250,000 and as a consequence of Mr Waddell’s actions ROCANTO and MISS WILSON were interfered with to varying degrees. These combined factors warrant an uplift in penalty.
The Committee is concerned that 3 of Mr Waddell’s 5 charges in the last 12 months have occurred in Group1 races. We consider his record in the last 12 months to be fair.
In response to Mr Waddell’s submission that any proposed suspension should not disadvantaged him the opportunity to ride in Group races at Te Rapa on February 10. In our view the importance of the Iconic/Premier upcoming meetings should be in the forefront of Jockeys' minds, causing them to be even more determined not to breach the Rules.
The Committee advised Mr Waddell that had KAWI won the race then he would have incurred a large fine and in addition a higher suspension.
After taking into account all the above factors the Committee considered that an appropriate suspension would be 11 national riding days.
Penalty
Mr Waddell is suspended from the close of racing on Saturday, January 20th up to and including racing on Wednesday, January 31st as a result of a whip breach on 13 January 2018.
Accordingly for Information No. A8812, Mr Waddell had his license to ride in races suspended for a period to commence after racing on 31 January and conclude after racing on 16 February 2018.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 638(1)(d)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b10057ae3a3ad19aba50c03f7cf936f5
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race_title: R 7
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meetdate: 20/01/2018
meet_title: Wellington RC - 20 January 2018
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