Archive Decision

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Westland RC – 29 March 2009 – Race 6

ID: JCA22521

Hearing Type:
Old Hearing

Rules:
866.1.c

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Westland RC - 29 March 2009

Race Date:
2009/03/29

Race Number:
Race 6

Decision:

Following the running of Race 6, the Hokitika Businesses Cup, Stipendiary Steward Mr S. C. Ching filed an information pursuant to Rule 866(1)(c) alleging that Jockey Miss A. M. Mundy had failed to ride her horse “Raingirl” (4) out to the finish of the race.

--

 



Following the running of Race 6, the Hokitika Businesses Cup, Stipendiary Steward Mr S. C. Ching filed an information pursuant to Rule 866(1)(c) alleging that Jockey Miss A. M. Mundy had failed to ride her horse “Raingirl” (4) out to the finish of the race.

--

The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 866(1)(c) in that  rider A. M. Mundy who rode the horse Raingirl in Race 6 failed to ride her mount out fully to the finish when the horse had a reasonable chance in finishing in fourth place”.
Rule 866(1)(c) provides as follows.

--

“(c) being the rider of a horse in a race fails to ride his horse out to the end of the race if there is a reasonable chance of it running into first, second, third, fourth, fifth or sixth place.”

--

 Miss Mundy had indicated on the information that she admitted this breach of the Rules and she confirmed this at the hearing. Miss Mundy also agreed that she understood the Rule and the nature of the charge.

--

 Mr Ching used video coverage of the incident to show that Miss Mundy had been in 4th place in this 5 horse field when entering the home straight for the final time, and that she had used her whip on one occasion at about the 200 metre mark.
Thereafter Miss Mundy just sat there and failed to urge her horse on over the final stages.  As a result the horse that was in last place was able to overtake her and finish in 4th place. 

--

 Miss Mundy had an obligation to the owners and the betting public (the race was a First Four betting race being shown in Australia) to ride her horse out to the finish but she did not do so, and she had a reasonable chance of finishing in 4th place had she done so.

--

 Miss Mundy accepted that Mr Ching’s description of this incident was accurate, but said that her horse was not handling the ground.

--

Penalty:  

--

In relation to penalty Mr Ching advised that Miss Mundy had no previous relevant convictions, and that she should also be given credit for her admission of the breach.  Mr Ching said that this race was televised in Australia, and that there was First Four betting on the race there.  There was also a difference of $300-00 in the stakes payable between 4th and 5th place.

--

Mr Ching said that this matter could be dealt with by means of a fine, and that the amount should be between $600-00 and $1000-00.

--

 Miss Mundy said that she thought the range of the suggested fine was too much.

--

We adjourned to consider the matter of penalty.  To Miss Mundy’s credit she has no previous convictions under this Rule, and she has admitted the breach.  We also accept that her horse was struggling in the conditions, and that there was no certainty it would have finished in 4th place.  On the other hand there was a possible impact on Australian investors and the owners.

--

Taking all the above matters into account we decided that an appropriate fine in this case was $650-00, and on returning to the Enquiry Room we advised the parties of our decision.

--

 

--

J. M. Phelan
Chairman

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: ed2d27a57b1ba017e2faab9aea98e4b0


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 29/03/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Westland RC - 29 March 2009 - Race 6


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 6, the Hokitika Businesses Cup, Stipendiary Steward Mr S. C. Ching filed an information pursuant to Rule 866(1)(c) alleging that Jockey Miss A. M. Mundy had failed to ride her horse “Raingirl” (4) out to the finish of the race.

--

 



Following the running of Race 6, the Hokitika Businesses Cup, Stipendiary Steward Mr S. C. Ching filed an information pursuant to Rule 866(1)(c) alleging that Jockey Miss A. M. Mundy had failed to ride her horse “Raingirl” (4) out to the finish of the race.

--

The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 866(1)(c) in that  rider A. M. Mundy who rode the horse Raingirl in Race 6 failed to ride her mount out fully to the finish when the horse had a reasonable chance in finishing in fourth place”.
Rule 866(1)(c) provides as follows.

--

“(c) being the rider of a horse in a race fails to ride his horse out to the end of the race if there is a reasonable chance of it running into first, second, third, fourth, fifth or sixth place.”

--

 Miss Mundy had indicated on the information that she admitted this breach of the Rules and she confirmed this at the hearing. Miss Mundy also agreed that she understood the Rule and the nature of the charge.

--

 Mr Ching used video coverage of the incident to show that Miss Mundy had been in 4th place in this 5 horse field when entering the home straight for the final time, and that she had used her whip on one occasion at about the 200 metre mark.
Thereafter Miss Mundy just sat there and failed to urge her horse on over the final stages.  As a result the horse that was in last place was able to overtake her and finish in 4th place. 

--

 Miss Mundy had an obligation to the owners and the betting public (the race was a First Four betting race being shown in Australia) to ride her horse out to the finish but she did not do so, and she had a reasonable chance of finishing in 4th place had she done so.

--

 Miss Mundy accepted that Mr Ching’s description of this incident was accurate, but said that her horse was not handling the ground.

--

Penalty:  

--

In relation to penalty Mr Ching advised that Miss Mundy had no previous relevant convictions, and that she should also be given credit for her admission of the breach.  Mr Ching said that this race was televised in Australia, and that there was First Four betting on the race there.  There was also a difference of $300-00 in the stakes payable between 4th and 5th place.

--

Mr Ching said that this matter could be dealt with by means of a fine, and that the amount should be between $600-00 and $1000-00.

--

 Miss Mundy said that she thought the range of the suggested fine was too much.

--

We adjourned to consider the matter of penalty.  To Miss Mundy’s credit she has no previous convictions under this Rule, and she has admitted the breach.  We also accept that her horse was struggling in the conditions, and that there was no certainty it would have finished in 4th place.  On the other hand there was a possible impact on Australian investors and the owners.

--

Taking all the above matters into account we decided that an appropriate fine in this case was $650-00, and on returning to the Enquiry Room we advised the parties of our decision.

--

 

--

J. M. Phelan
Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 866.1.c


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 33925280ba1d9ec37e02683fde339f9a


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race_emailed1: 0


race_emailed2: 0


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meetdate: 29/03/2009


meet_title: Westland RC - 29 March 2009


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meet_racingtype: thoroughbred-racing


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name: Westland RC