Archive Decision

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Ashburton RC – 4 December 2009 – Race 5

ID: JCA22436

Hearing Type:
Old Hearing

Rules:
638.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Ashburton RC - 4 December 2009

Race Date:
2009/12/04

Race Number:
Race 5

Decision:

As a result of an incident in Race 5 at the Ashburton Racing Club’s meeting on Friday 4th December 2009, Apprentice Jockey I Khairil, was charged with careless riding pursuant to Rule 638(1)(d) of the Rules of Racing. 

--

 



As a result of an incident in Race 5 at the Ashburton Racing Club’s meeting on Friday 4th December 2009, Apprentice Jockey I Khairil, was charged with careless riding pursuant to Rule 638(1)(d) of the Rules of Racing. 

--

Mr Khairil admitted the charge which is therefore deemed to be proved.  Mr Khairil was accompanied in the hearing by Mr S Marr (Licensed Trainer).

--

The charge was presented by Mr J McLaughlin, Stipendiary Steward.  He requested Mr R Neal, Stipendiary Steward, to demonstrate the incident using the video coverage.

--

Mr Neal demonstrated, with the assistance of the video coverage, how Mr Khairil had allowed his mount to drift across the field when not his own length and another length clear.  The consequence of this was to move Ms Mundy, on “Southern King”, inwards on to the running line of “Night of Diamonds” (Ms K Williams).  Ms Williams’ mount was therefore deprived of its rightful running line and in the process of this incident, her mount had to be checked. 

--

Mr Khairil accepted the evidence and did not have any comment to make.  Mr Marr commented that as he understood it, Ms Mundy did not call out, and felt that Ms Williams was racing in “tight quarters” but nevertheless, he accepted that Mr Khairil had ridden carelessly.

--

Penalty submissions were called for.  Mr McLaughlin submitted that the degree of carelessness was in the low to mid range, but a suspension was, nevertheless, called for.  Mr McLaughlin informed the hearing that Mr Khairil has, of recent times, been riding in the Central Districts of the North Island, and therefore accepted that any period of suspension could include North Island dates.  He felt that a three day suspension was adequate.  Mr McLaughlin said that Mr Khairil had received only one suspension, and that was for three days, in July 2009.

--

Mr Khairil and Mr Marr did not have any particular submissions on penalty. 

--

PENALTY DECISION

--

We agree that the carelessness was at the lower end of the scale.  Ms Williams and Ms Mundy were definitely inconvenienced, and Ms Williams lost a running line that she was entitled to.

--

We note that Mr Khairil does have a comparatively good record, having been suspended only once in the last twelve months, in July 2009 for a period of three days. 

--

The starting point for suspension in relation to a charge of careless riding is generally a four day suspension.  However, we will give Mr Khairil credit for his immediate guilty plea and for his good record.  The suspension will be set at three days, commencing from the conclusion of racing today, 4 December 2009 and ending at the conclusion of racing on Thursday 17 December 2009.  We accept that Mr Khairil is now riding in the Central Districts area which means that his suspension will encompass meetings at New Plymouth (10 December), Invercargill (12 December) and Otaki (17 December).

--


KG Hales             P Rosanowski
CHAIR                  Committee Member
060

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: ccdd699c580c1fccc883432f3f5b924c


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 04/12/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Ashburton RC - 4 December 2009 - Race 5


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As a result of an incident in Race 5 at the Ashburton Racing Club’s meeting on Friday 4th December 2009, Apprentice Jockey I Khairil, was charged with careless riding pursuant to Rule 638(1)(d) of the Rules of Racing. 

--

 



As a result of an incident in Race 5 at the Ashburton Racing Club’s meeting on Friday 4th December 2009, Apprentice Jockey I Khairil, was charged with careless riding pursuant to Rule 638(1)(d) of the Rules of Racing. 

--

Mr Khairil admitted the charge which is therefore deemed to be proved.  Mr Khairil was accompanied in the hearing by Mr S Marr (Licensed Trainer).

--

The charge was presented by Mr J McLaughlin, Stipendiary Steward.  He requested Mr R Neal, Stipendiary Steward, to demonstrate the incident using the video coverage.

--

Mr Neal demonstrated, with the assistance of the video coverage, how Mr Khairil had allowed his mount to drift across the field when not his own length and another length clear.  The consequence of this was to move Ms Mundy, on “Southern King”, inwards on to the running line of “Night of Diamonds” (Ms K Williams).  Ms Williams’ mount was therefore deprived of its rightful running line and in the process of this incident, her mount had to be checked. 

--

Mr Khairil accepted the evidence and did not have any comment to make.  Mr Marr commented that as he understood it, Ms Mundy did not call out, and felt that Ms Williams was racing in “tight quarters” but nevertheless, he accepted that Mr Khairil had ridden carelessly.

--

Penalty submissions were called for.  Mr McLaughlin submitted that the degree of carelessness was in the low to mid range, but a suspension was, nevertheless, called for.  Mr McLaughlin informed the hearing that Mr Khairil has, of recent times, been riding in the Central Districts of the North Island, and therefore accepted that any period of suspension could include North Island dates.  He felt that a three day suspension was adequate.  Mr McLaughlin said that Mr Khairil had received only one suspension, and that was for three days, in July 2009.

--

Mr Khairil and Mr Marr did not have any particular submissions on penalty. 

--

PENALTY DECISION

--

We agree that the carelessness was at the lower end of the scale.  Ms Williams and Ms Mundy were definitely inconvenienced, and Ms Williams lost a running line that she was entitled to.

--

We note that Mr Khairil does have a comparatively good record, having been suspended only once in the last twelve months, in July 2009 for a period of three days. 

--

The starting point for suspension in relation to a charge of careless riding is generally a four day suspension.  However, we will give Mr Khairil credit for his immediate guilty plea and for his good record.  The suspension will be set at three days, commencing from the conclusion of racing today, 4 December 2009 and ending at the conclusion of racing on Thursday 17 December 2009.  We accept that Mr Khairil is now riding in the Central Districts area which means that his suspension will encompass meetings at New Plymouth (10 December), Invercargill (12 December) and Otaki (17 December).

--


KG Hales             P Rosanowski
CHAIR                  Committee Member
060


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 638.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d1df849ded4f1bfd24b955145dbff581


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 5


submittochair:


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waitingforpublication: 0


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meetdate: 04/12/2009


meet_title: Ashburton RC - 4 December 2009


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meet_racingtype: thoroughbred-racing


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name: Ashburton RC