Archive Decision

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Canterbury JC – 14 November 2009 – Race 9

ID: JCA22026

Hearing Type:
Old Hearing

Rules:
638.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Canterbury JC - 14 November 2009

Race Date:
2009/11/14

Race Number:
Race 9

Decision:

Following the running of Race 9, New Zealand Bloodstock 1000 Guineas, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey, Mr J B McDonald, alleging a breach of Rule 638 (1) (d) in that Mr McDonald, as the rider of OUR ELLA BELLE in the Race, he “allowed his mount to shift in when not sufficiently clear of COMME TU VEUX (S C Spratt) who had to check near the 200 metres”.

--

 



Following the running of Race 9, New Zealand Bloodstock 1000 Guineas, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey, Mr J B McDonald, alleging a breach of Rule 638 (1) (d) in that Mr McDonald, as the rider of OUR ELLA BELLE in the Race, he “allowed his mount to shift in when not sufficiently clear of COMME TU VEUX (S C Spratt) who had to check near the 200 metres”.

--

Mr McDonald was present at the hearing of the information and was assisted by Mr D C Ellis. Mr McDonald admitted the breach. The charge was found proved accordingly.

--

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

--

Mr Oatham had Mr N Goodwin, Stipendiary Steward, show video replays, from three angles, of the incident near the 200 metres.He pointed out Mr McDonald looking for racing room, riding with vigour, and angle inwards into the line of  COMME TU VEUX forcing Miss Spratt to have to check for several strides.  There had been a “wall of horses” in front of Mr McDonald with no room on his outside so he angled inwards and, in doing so, was not the required distance clear of Miss Spratt’s mount.

--

Mr Ellis submitted that Miss Spratt was under pressure to maintain her position and had come out 3 horse-widths. Mr McDonald had been looking for a run for his mount which was full of running. Interference had taken place. Miss Spratt’s mount was never going to finish closer than it did (6th). The interference was minor and not as bad as it looked.

--


Mr Oatham informed the committee that Mr McDonald had breached the careless riding Rule on five occasions in the last 12 months:
• 25.1.09    Auckland        4 days
• 25.1.09    Auckland        4 days
• 15.4.09    Te Aroha        6 days
•   8.7.09    Counties         4 days
• 11.11.09   Canterbury     4 days

--

Mr McDonald is the busiest rider in New Zealand and rides extensively throughout the country. It was a concern that the present charge was his sixth in the calendar year, Mr Oatham said. The careless riding on this occasion was in the mid to high range, Mr Oatham submitted. The Race was a Group 1 for a stake of $300,000 and a very important race for 3-year-old fillies. He sought a term of suspension of 2-3 weeks and a fine in the range of $1,500 to $2,000.

--

Mr Ellis submitted that Mr McDonald’s record was “pretty good” considering the number of meetings at which he rode. He referred to upcoming Group 1 events and submitted that the industry was desperate to have Mr McDonald riding in such races.

--

Mr Oatham submitted that the popularity was irrelevant and, as always, safety issues were paramount.

--

The Committee noted that Mr McDonald was under suspension from the end of this meeting up to and including 20 November next.

--

In determining penalty, the Committee took into account the following matters:
• Mr McDonald’s admission of the breach;
• His record which was not good;
• That the level of carelessness was in the mid to high range;
• The status of the Race and the stake payable.

--

Having regard to those matters, Mr McDonald was suspended for the period from 21 November 2009 to 2 December both dates inclusive – effectively, 8 days including 3 South Island days. In addition, he was fined the sum of $1,500.

--


R G McKenzie        K G Hales
CHAIR                    Committee Member
149

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: b2b7c0b6b1b72a58988a28560988fb70


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 14/11/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Canterbury JC - 14 November 2009 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 9, New Zealand Bloodstock 1000 Guineas, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey, Mr J B McDonald, alleging a breach of Rule 638 (1) (d) in that Mr McDonald, as the rider of OUR ELLA BELLE in the Race, he “allowed his mount to shift in when not sufficiently clear of COMME TU VEUX (S C Spratt) who had to check near the 200 metres”.

--

 



Following the running of Race 9, New Zealand Bloodstock 1000 Guineas, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey, Mr J B McDonald, alleging a breach of Rule 638 (1) (d) in that Mr McDonald, as the rider of OUR ELLA BELLE in the Race, he “allowed his mount to shift in when not sufficiently clear of COMME TU VEUX (S C Spratt) who had to check near the 200 metres”.

--

Mr McDonald was present at the hearing of the information and was assisted by Mr D C Ellis. Mr McDonald admitted the breach. The charge was found proved accordingly.

--

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

--

Mr Oatham had Mr N Goodwin, Stipendiary Steward, show video replays, from three angles, of the incident near the 200 metres.He pointed out Mr McDonald looking for racing room, riding with vigour, and angle inwards into the line of  COMME TU VEUX forcing Miss Spratt to have to check for several strides.  There had been a “wall of horses” in front of Mr McDonald with no room on his outside so he angled inwards and, in doing so, was not the required distance clear of Miss Spratt’s mount.

--

Mr Ellis submitted that Miss Spratt was under pressure to maintain her position and had come out 3 horse-widths. Mr McDonald had been looking for a run for his mount which was full of running. Interference had taken place. Miss Spratt’s mount was never going to finish closer than it did (6th). The interference was minor and not as bad as it looked.

--


Mr Oatham informed the committee that Mr McDonald had breached the careless riding Rule on five occasions in the last 12 months:
• 25.1.09    Auckland        4 days
• 25.1.09    Auckland        4 days
• 15.4.09    Te Aroha        6 days
•   8.7.09    Counties         4 days
• 11.11.09   Canterbury     4 days

--

Mr McDonald is the busiest rider in New Zealand and rides extensively throughout the country. It was a concern that the present charge was his sixth in the calendar year, Mr Oatham said. The careless riding on this occasion was in the mid to high range, Mr Oatham submitted. The Race was a Group 1 for a stake of $300,000 and a very important race for 3-year-old fillies. He sought a term of suspension of 2-3 weeks and a fine in the range of $1,500 to $2,000.

--

Mr Ellis submitted that Mr McDonald’s record was “pretty good” considering the number of meetings at which he rode. He referred to upcoming Group 1 events and submitted that the industry was desperate to have Mr McDonald riding in such races.

--

Mr Oatham submitted that the popularity was irrelevant and, as always, safety issues were paramount.

--

The Committee noted that Mr McDonald was under suspension from the end of this meeting up to and including 20 November next.

--

In determining penalty, the Committee took into account the following matters:
• Mr McDonald’s admission of the breach;
• His record which was not good;
• That the level of carelessness was in the mid to high range;
• The status of the Race and the stake payable.

--

Having regard to those matters, Mr McDonald was suspended for the period from 21 November 2009 to 2 December both dates inclusive – effectively, 8 days including 3 South Island days. In addition, he was fined the sum of $1,500.

--


R G McKenzie        K G Hales
CHAIR                    Committee Member
149


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 638.1.d


Informant:


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Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 506c8706c6f79fd42dd211f05c52f82b


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meetdate: 14/11/2009


meet_title: Canterbury JC - 14 November 2009


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