Archive Decision

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South Canterbury RC – 28 December 2009 – Race 1

ID: JCA22247

Hearing Type:
Old Hearing

Rules:
638.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
South Canterbury RC - 28 December 2009

Race Date:
2009/12/28

Race Number:
Race 1

Decision:

SOUTH CANTERBURY RACING CLUB

--

28th DECEMBER 2009

--

RACEDAY  JUDICIAL REPORT

--

RACE 1

--

Information 6936 alleging a breach of the Rules of Racing, Rule 638(1)(d) in that
LM Robinson, Licensed Jockey, had allowed his mount “Fleeting Glimpse” to shift out when not clear causing “Our Mona Lisa” (J Bullard) and “Generous Gee Gee” (J Laking) to check near the 350 metre mark.

--

Informant - Mr M Davidson, Stipendiary Steward

--

 



SOUTH CANTERBURY RACING CLUB

--

28th DECEMBER 2009

--

RACEDAY  JUDICIAL REPORT

--

RACE 1

--

Information 6936 alleging a breach of the Rules of Racing, Rule 638(1)(d) in that
LM Robinson, Licensed Jockey, had allowed his mount “Fleeting Glimpse” to shift out when not clear causing “Our Mona Lisa” (J Bullard) and “Generous Gee Gee” (J Laking) to check near the 350 metre mark.

--

Informant - Mr M Davidson, Stipendiary Steward

--

It was alleged that Mr LM Robinson (“Fleeting Glimpse”) allowed his mount to shift out when not clear causing “Our Mona Lisa” (J Bullard) and “Generous Gee Gee” (J Laking) to check.  This happened about the 350 metre mark.

--

THE FACTS

--

The incident which gave rise to the charge was demonstrated to us on the video coverage by Mr J McLaughlin, Stipendiary Steward, using the views from the head on camera and from the side on camera.  The incident itself was quite clear.  Mr Robinson was on a forward movement.  He hit his horse with the whip, and as a consequence, his horse moved outwards inconveniencing “Our Mona Lisa” and “Generous Gee Gee”.  Both riders had to check their mounts as a result of Mr Robinson coming out.

--

In explanation, Mr Robinson said that his horse was “flat”.  He hit it with the whip twice, and it moved out on the second blow of the whip.  Mr Robinson then straightened his mount, but acknowledged that the carelessness had already occurred and that the other horses were inconvenienced in the manner described.  Mr Robinson accepted that both riders had to check their mounts.

--

Mr Davidson conceded that there may have been some minor movement from the outside.  He was of the view that the carelessness was in the mid to low range.  He acknowledged that the corrective action  had been taken, but a stride or two too late.

--

PENALTY SUBMISSIONS

--

Mr Davidson told us that Mr Robinson had had three recent suspensions.  He received a three week suspension at the time of the Grand National meeting as a result of careless riding in a group race.  He was suspended for four days at Ashburton in August, and for two days, together with a fine, at the Canterbury Jockey Club’s North Canterbury meeting in October.  Mr Davidson believed that notwithstanding those suspensions, that prior to those suspensions, Mr Robinson had a good riding record.  He felt that a suspension of between three and four days was called for. 

--

In response, Mr Robinson said that he had $2,000 of fines outstanding.  He said that his confidence had been affected by these recent suspensions, and that he has been trying to do things right.  He said that his suspensions were impacting on his ability to pay his fines. 

--

He also said that he was anticipating riding “Titsgittin” at Otaki on 4 January 2010. 

--

Mr Robinson was questioned about his riding commitments in the Central Districts, and in particular, as to whether or not he anticipated that he would be riding at Tauherenikau on 2 January.  Mr Robinson told us that his brother-in-law, Mr Stephen Gillies would have horses starting at that meeting, and that because of the fines that he has, Mr Robinson said that he was looking for every ride that he could possibly get. 

--

PENALTY DECISION

--

A suspension has to be imposed.  Having regard to Mr Robinson’s record, we would normally have considered that the starting point for penalty would be a suspension of at least five, and possibly six, days. 

--

However, whenever penalties are imposed, a Judicial Committee has a discretion and can take into account a number of factors.  In Mr Robinson’s case, we take into account the following matters:

--

• The degree of carelessness, in our opinion, was low.
• There was some, albeit minor, contribution from an outside horse (as has been conceded by Mr Davidson). 
• Mr Robinson took corrective action.
• Mr Robinson pleaded guilty immediately.
• To a lesser extent, we are able to consider Mr Robinson’s personal financial circumstances.

--

Having taken all of these matters into account, we will therefore impose a suspension of three days only, commencing at the conclusion of racing on Wednesday 30 December 2009 and finishing at the conclusion of racing on Sunday 3 January 2010.  That encompasses meetings at Waikouaiti, Tauherenikau and Omakau.  We have noted that even though Mr Robinson is primarily a South Island rider, that he does ride in the Central Districts from time to time, and that he would have been seeking rides at the Tauherenikau meeting on 2 January 2010 through the auspices of his brother-in-law, Mr Stephen Gillies, who, Mr Robinson told us, would have horses starting at that meeting.

--


KG Hales            J Millar
CHAIR                 Committee Member
6936

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: a462fa2940c1c288897606634931a60a


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 28/12/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: South Canterbury RC - 28 December 2009 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

SOUTH CANTERBURY RACING CLUB

--

28th DECEMBER 2009

--

RACEDAY  JUDICIAL REPORT

--

RACE 1

--

Information 6936 alleging a breach of the Rules of Racing, Rule 638(1)(d) in that
LM Robinson, Licensed Jockey, had allowed his mount “Fleeting Glimpse” to shift out when not clear causing “Our Mona Lisa” (J Bullard) and “Generous Gee Gee” (J Laking) to check near the 350 metre mark.

--

Informant - Mr M Davidson, Stipendiary Steward

--

 



SOUTH CANTERBURY RACING CLUB

--

28th DECEMBER 2009

--

RACEDAY  JUDICIAL REPORT

--

RACE 1

--

Information 6936 alleging a breach of the Rules of Racing, Rule 638(1)(d) in that
LM Robinson, Licensed Jockey, had allowed his mount “Fleeting Glimpse” to shift out when not clear causing “Our Mona Lisa” (J Bullard) and “Generous Gee Gee” (J Laking) to check near the 350 metre mark.

--

Informant - Mr M Davidson, Stipendiary Steward

--

It was alleged that Mr LM Robinson (“Fleeting Glimpse”) allowed his mount to shift out when not clear causing “Our Mona Lisa” (J Bullard) and “Generous Gee Gee” (J Laking) to check.  This happened about the 350 metre mark.

--

THE FACTS

--

The incident which gave rise to the charge was demonstrated to us on the video coverage by Mr J McLaughlin, Stipendiary Steward, using the views from the head on camera and from the side on camera.  The incident itself was quite clear.  Mr Robinson was on a forward movement.  He hit his horse with the whip, and as a consequence, his horse moved outwards inconveniencing “Our Mona Lisa” and “Generous Gee Gee”.  Both riders had to check their mounts as a result of Mr Robinson coming out.

--

In explanation, Mr Robinson said that his horse was “flat”.  He hit it with the whip twice, and it moved out on the second blow of the whip.  Mr Robinson then straightened his mount, but acknowledged that the carelessness had already occurred and that the other horses were inconvenienced in the manner described.  Mr Robinson accepted that both riders had to check their mounts.

--

Mr Davidson conceded that there may have been some minor movement from the outside.  He was of the view that the carelessness was in the mid to low range.  He acknowledged that the corrective action  had been taken, but a stride or two too late.

--

PENALTY SUBMISSIONS

--

Mr Davidson told us that Mr Robinson had had three recent suspensions.  He received a three week suspension at the time of the Grand National meeting as a result of careless riding in a group race.  He was suspended for four days at Ashburton in August, and for two days, together with a fine, at the Canterbury Jockey Club’s North Canterbury meeting in October.  Mr Davidson believed that notwithstanding those suspensions, that prior to those suspensions, Mr Robinson had a good riding record.  He felt that a suspension of between three and four days was called for. 

--

In response, Mr Robinson said that he had $2,000 of fines outstanding.  He said that his confidence had been affected by these recent suspensions, and that he has been trying to do things right.  He said that his suspensions were impacting on his ability to pay his fines. 

--

He also said that he was anticipating riding “Titsgittin” at Otaki on 4 January 2010. 

--

Mr Robinson was questioned about his riding commitments in the Central Districts, and in particular, as to whether or not he anticipated that he would be riding at Tauherenikau on 2 January.  Mr Robinson told us that his brother-in-law, Mr Stephen Gillies would have horses starting at that meeting, and that because of the fines that he has, Mr Robinson said that he was looking for every ride that he could possibly get. 

--

PENALTY DECISION

--

A suspension has to be imposed.  Having regard to Mr Robinson’s record, we would normally have considered that the starting point for penalty would be a suspension of at least five, and possibly six, days. 

--

However, whenever penalties are imposed, a Judicial Committee has a discretion and can take into account a number of factors.  In Mr Robinson’s case, we take into account the following matters:

--

• The degree of carelessness, in our opinion, was low.
• There was some, albeit minor, contribution from an outside horse (as has been conceded by Mr Davidson). 
• Mr Robinson took corrective action.
• Mr Robinson pleaded guilty immediately.
• To a lesser extent, we are able to consider Mr Robinson’s personal financial circumstances.

--

Having taken all of these matters into account, we will therefore impose a suspension of three days only, commencing at the conclusion of racing on Wednesday 30 December 2009 and finishing at the conclusion of racing on Sunday 3 January 2010.  That encompasses meetings at Waikouaiti, Tauherenikau and Omakau.  We have noted that even though Mr Robinson is primarily a South Island rider, that he does ride in the Central Districts from time to time, and that he would have been seeking rides at the Tauherenikau meeting on 2 January 2010 through the auspices of his brother-in-law, Mr Stephen Gillies, who, Mr Robinson told us, would have horses starting at that meeting.

--


KG Hales            J Millar
CHAIR                 Committee Member
6936


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hearing_type: Old Hearing


Rules: 638.1.d


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