Appeal – NZTR v LR Cropp
ID: JCA22574
Hearing Type (Code):
thoroughbred-racing
Decision: --
This is an appeal by Stipendiary Steward S C Ching from a raceday decision by the Judicial Committee on 26 November 2004, a decision which dismissed a charge against jockey Cropp
| -- DECISION: ----This is an appeal by Stipendiary Steward S C Ching from a raceday decision by the Judicial Committee on 26 November 2004, a decision which dismissed a charge against jockey Cropp, she having been charged with a breach of Rule 866(1)(c) in failing to ride her mount out at the finish of a race at Riccarton when the horse that she was riding had a reasonable chance of obtaining third placing in the race. ----When the matter was before the raceday Judicial Committee that Committee correctly identified the two elements in the charge which must be established before the charge can be held to be proven. The two elements under Rule 866(1)(c) are firstly a failure to ride the horse out, and secondly that there was a reasonable chance of the horse running into third place. ----The decision of the raceday Judicial Committee held that they were not reasonably satisfied that the first element, ie stopping riding the horse, was established and accordingly the information was dismissed. Having made that decision the Judicial Committee did not need to proceed to consider whether or not Miss Cropp's mount had a reasonable chance of running into third place. ----The Appeal Tribunal today has been assisted by the submissions made by Mr McCutcheon and Mr Dale who represented Miss Cropp, and we have carefully observed the videofilm of the race and heard evidence from Mr Ching and Mr Dale on behalf of Miss Cropp relied on the evidence that had been given by Miss Cropp at the hearing before the Judicial Committee which this Appeal Tribunal has a full transcript. ----Having considered all matters this Appeal Committee is satisfied that it has been established that Miss Cropp stopped riding her mount FRONTIER LAD at least two if not three strides before reaching the winning post. The Appeal Tribunal is also satisfied that at the time Miss Cropp stopped riding FRONTIER LAD, that horse was at that stage of the race holding third place by a narrow margin. At the same time THE MEDICINE MAN was fast finishing down the outside and subsequently was placed third by the Judge, a narrow margin separating third and fourth horses by half a head which in terms of measurement is 6 or 8", or in metric terms 15 to 20 cms. ----We disagree with the decision of the Judicial Committee who determined that they were not satisfied that Miss Cropp had stood up and had stopped riding shortly before the winning post. We have to decide whether there was a chance in terms of Rule 866(1)(c) that if she had not stopped riding that FRONTIER LAD would have held third place and not been over-taken by THE MEDICINE MAN. ----This Appeal Tribunal holds that in considering all the evidence and giving close consideration, particularly to the small narrow margin between the third and fourth placings that had Miss Cropp not stopped riding there was a reasonable chance that FRONTIER LAD would have held third place. Accordingly the appeal is allowed. ----PENALTY: ----Thank you Mr McCutcheon and Mr Dale for the submissions you have given us on the question of penalty. ----There has to be a suspension and Miss Cropp will be suspended from the end of racing today until the end of racing on 23rd of December. ------ --
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Decision Date: 01/01/2001
Publish Date: 01/01/2001
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: f686c9cdce5903cf26b0cc6e66c09961
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Appeal - NZTR v LR Cropp
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--This is an appeal by Stipendiary Steward S C Ching from a raceday decision by the Judicial Committee on 26 November 2004, a decision which dismissed a charge against jockey Cropp
| -- DECISION: ----This is an appeal by Stipendiary Steward S C Ching from a raceday decision by the Judicial Committee on 26 November 2004, a decision which dismissed a charge against jockey Cropp, she having been charged with a breach of Rule 866(1)(c) in failing to ride her mount out at the finish of a race at Riccarton when the horse that she was riding had a reasonable chance of obtaining third placing in the race. ----When the matter was before the raceday Judicial Committee that Committee correctly identified the two elements in the charge which must be established before the charge can be held to be proven. The two elements under Rule 866(1)(c) are firstly a failure to ride the horse out, and secondly that there was a reasonable chance of the horse running into third place. ----The decision of the raceday Judicial Committee held that they were not reasonably satisfied that the first element, ie stopping riding the horse, was established and accordingly the information was dismissed. Having made that decision the Judicial Committee did not need to proceed to consider whether or not Miss Cropp's mount had a reasonable chance of running into third place. ----The Appeal Tribunal today has been assisted by the submissions made by Mr McCutcheon and Mr Dale who represented Miss Cropp, and we have carefully observed the videofilm of the race and heard evidence from Mr Ching and Mr Dale on behalf of Miss Cropp relied on the evidence that had been given by Miss Cropp at the hearing before the Judicial Committee which this Appeal Tribunal has a full transcript. ----Having considered all matters this Appeal Committee is satisfied that it has been established that Miss Cropp stopped riding her mount FRONTIER LAD at least two if not three strides before reaching the winning post. The Appeal Tribunal is also satisfied that at the time Miss Cropp stopped riding FRONTIER LAD, that horse was at that stage of the race holding third place by a narrow margin. At the same time THE MEDICINE MAN was fast finishing down the outside and subsequently was placed third by the Judge, a narrow margin separating third and fourth horses by half a head which in terms of measurement is 6 or 8", or in metric terms 15 to 20 cms. ----We disagree with the decision of the Judicial Committee who determined that they were not satisfied that Miss Cropp had stood up and had stopped riding shortly before the winning post. We have to decide whether there was a chance in terms of Rule 866(1)(c) that if she had not stopped riding that FRONTIER LAD would have held third place and not been over-taken by THE MEDICINE MAN. ----This Appeal Tribunal holds that in considering all the evidence and giving close consideration, particularly to the small narrow margin between the third and fourth placings that had Miss Cropp not stopped riding there was a reasonable chance that FRONTIER LAD would have held third place. Accordingly the appeal is allowed. ----PENALTY: ----Thank you Mr McCutcheon and Mr Dale for the submissions you have given us on the question of penalty. ----There has to be a suspension and Miss Cropp will be suspended from the end of racing today until the end of racing on 23rd of December. ------ --
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 866.1.c
Informant:
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Respondent:
StipendSteward:
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