Canterbury JC – 27 February 2010 –
ID: JCA23119
Hearing Type (Code):
thoroughbred-racing
Decision:
CANTERBURY JOCKEY CLUB
--27TH FEBRUARY 2010
--RACE 10
--Information 6255 alleging a breach of the Rules of Racing, Rule 638(1)(d) in that J Collett angled his mount “THE BEEKEEPER” out rounding the final turn when not clear of “OUR BEE JAY” (L Allpress) which was dictated off its line of running and checked.
--Informant: Mr M Davidson, Stipendiary Steward
Defendant: J Collett (Apprentice Jockey) accompanied by Mr R Collett, Licensed Trainer
THE FACTS
--As a result of an incident in Race 10, Mr J Collett, Apprentice Jockey, was charged with a breach of Rule 638(1)(d) of the Rules of Racing.
--It was alleged that Mr Collett angled his mount “THE BEEKEEPER” out rounding the final turn when not clear of “OUR BEE JAY” (L Allpress) which was dictated off its line of running and checked.
--
CANTERBURY JOCKEY CLUB
--27TH FEBRUARY 2010
--RACE 10
--Information 6255 alleging a breach of the Rules of Racing, Rule 638(1)(d) in that J Collett angled his mount “THE BEEKEEPER” out rounding the final turn when not clear of “OUR BEE JAY” (L Allpress) which was dictated off its line of running and checked.
--Informant: Mr M Davidson, Stipendiary Steward
Defendant: J Collett (Apprentice Jockey) accompanied by Mr R Collett, Licensed Trainer
THE FACTS
--As a result of an incident in Race 10, Mr J Collett, Apprentice Jockey, was charged with a breach of Rule 638(1)(d) of the Rules of Racing.
--It was alleged that Mr Collett angled his mount “THE BEEKEEPER” out rounding the final turn when not clear of “OUR BEE JAY” (L Allpress) which was dictated off its line of running and checked.
--The charge was not admitted.
--Mr Davidson called Licensed Jockey Ms L Allpress to give evidence. She told the hearing that she was trying to hold her line when racing in a three wide position. She received pressure from the inside from Mr Collett’s mount. She said that firm contact was made, and that as a consequence, she had to check and steady her mount.
--In cross examination, Mr Richard Collett asked if Mr J Collett had come from behind. Ms Allpress confirmed that, and said that Mr J Collett came from behind and inside her and contacted her, and then went in front. She said that she was pushed off her rightful line.
--The video film of the incident was then shown by Assistant Stipendiary Steward Mr J McLaughlin. He showed how Mr Collett effectively made room for himself by coming out and coming in to contact with Ms Allpress in the manner described.
--Mr Richard Collett then asked further questions in cross examination Ms Allpress agreed that she did not have to check her mount but said that she was definitely put off balance and inconvenienced.
--Mr Richard Collett then presented the defence for Mr J Collett. He alleged that Ms Allpress was having difficulty rounding the corner, and that the horse was under pressure before the incident. He was of the view that Ms Allpress was responsible for what happened.
--In response, Mr Davidson said that it was possible that Ms Allpress’s horse was laying out but did not believe that had any impact on the incident itself.
--DECISION
--We delivered the following oral decision.
--“The evidence is clear. Mr Collett came from an inside position and made contact with Ms Allpress’s mount which she described as being firm contact. She was put off the running line that she had ownership of at the time. In other words, Mr Collett “bulldozed” his way out to obtain a running line in a manner which can only be described as careless.
--We find the charge proved.”
--By way of expansion on our oral decision, it was this Committee’s finding that Mr Collett forced his way out by effectively pushing Ms Allpress out of the way. That, in our opinion, goes beyond competitive riding, and most certainly falls into the careless riding bracket.
--PENALTY SUBMISSIONS
--Mr Davidson advised the hearing that Mr Collett had been suspended for four days in October, November and December 2009. He said that a suspension was called for. He observed that it was a Listed Stakes Race, although Mr Davidson said that he did not believe that the incident had any bearing on the final result.
--He described the carelessness as low to mid-range and called for a suspension of five to six days.
--No submissions on the question of penalty were made by Mr Collett. Application was made for a deferment of the coming into effect of any period of suspension.
--PENALTY DECISION
--We delivered the following oral penalty decision.
-- “Having taken into account Mr Collett’s record, which would not be described
as that good, and the fact that this was a Listed Stakes Race, and because we believe that Mr Collett benefited from his actions, the penalty to be imposed will be a suspension of five racing days commencing from the conclusion of racing on Saturday 6 March up to and including Saturday 13 March.
In addition, a fine of $500 is imposed.”
--This Committee gave careful consideration to whether or not Mr Collett rode without due care and consideration and benefited from his actions. We have formed the view, from carefully studying the video film, that Mr Collett forced his way out of a situation and had he not done so, then having regard to the positions of horses at the relevant time, he would probably not have obtained clear racing room for several strides. By taking the action that he did, he was able to get out of restricted space and he then went on to win the race. The margin, at the finish, was only half a length and thus, we draw the inference that by virtue of Mr Collett forcing his way out, that he did gain an advantage in terms of the eventual result.
--Thus, with the race being a Listed Stakes Race, it is appropriate for a fine to be imposed in addition to the period of suspension, and that fine we have set at $500.
--
KG Hales R G McKenzie
CHAIR Committee Member
6255
Decision Date: 27/02/2010
Publish Date: 27/02/2010
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.
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hearing_racingtype: thoroughbred-racing
startdate: 27/02/2010
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decisiondate: no date provided
hearing_title: Canterbury JC - 27 February 2010 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
CANTERBURY JOCKEY CLUB
--27TH FEBRUARY 2010
--RACE 10
--Information 6255 alleging a breach of the Rules of Racing, Rule 638(1)(d) in that J Collett angled his mount “THE BEEKEEPER” out rounding the final turn when not clear of “OUR BEE JAY” (L Allpress) which was dictated off its line of running and checked.
--Informant: Mr M Davidson, Stipendiary Steward
Defendant: J Collett (Apprentice Jockey) accompanied by Mr R Collett, Licensed Trainer
THE FACTS
--As a result of an incident in Race 10, Mr J Collett, Apprentice Jockey, was charged with a breach of Rule 638(1)(d) of the Rules of Racing.
--It was alleged that Mr Collett angled his mount “THE BEEKEEPER” out rounding the final turn when not clear of “OUR BEE JAY” (L Allpress) which was dictated off its line of running and checked.
--
CANTERBURY JOCKEY CLUB
--27TH FEBRUARY 2010
--RACE 10
--Information 6255 alleging a breach of the Rules of Racing, Rule 638(1)(d) in that J Collett angled his mount “THE BEEKEEPER” out rounding the final turn when not clear of “OUR BEE JAY” (L Allpress) which was dictated off its line of running and checked.
--Informant: Mr M Davidson, Stipendiary Steward
Defendant: J Collett (Apprentice Jockey) accompanied by Mr R Collett, Licensed Trainer
THE FACTS
--As a result of an incident in Race 10, Mr J Collett, Apprentice Jockey, was charged with a breach of Rule 638(1)(d) of the Rules of Racing.
--It was alleged that Mr Collett angled his mount “THE BEEKEEPER” out rounding the final turn when not clear of “OUR BEE JAY” (L Allpress) which was dictated off its line of running and checked.
--The charge was not admitted.
--Mr Davidson called Licensed Jockey Ms L Allpress to give evidence. She told the hearing that she was trying to hold her line when racing in a three wide position. She received pressure from the inside from Mr Collett’s mount. She said that firm contact was made, and that as a consequence, she had to check and steady her mount.
--In cross examination, Mr Richard Collett asked if Mr J Collett had come from behind. Ms Allpress confirmed that, and said that Mr J Collett came from behind and inside her and contacted her, and then went in front. She said that she was pushed off her rightful line.
--The video film of the incident was then shown by Assistant Stipendiary Steward Mr J McLaughlin. He showed how Mr Collett effectively made room for himself by coming out and coming in to contact with Ms Allpress in the manner described.
--Mr Richard Collett then asked further questions in cross examination Ms Allpress agreed that she did not have to check her mount but said that she was definitely put off balance and inconvenienced.
--Mr Richard Collett then presented the defence for Mr J Collett. He alleged that Ms Allpress was having difficulty rounding the corner, and that the horse was under pressure before the incident. He was of the view that Ms Allpress was responsible for what happened.
--In response, Mr Davidson said that it was possible that Ms Allpress’s horse was laying out but did not believe that had any impact on the incident itself.
--DECISION
--We delivered the following oral decision.
--“The evidence is clear. Mr Collett came from an inside position and made contact with Ms Allpress’s mount which she described as being firm contact. She was put off the running line that she had ownership of at the time. In other words, Mr Collett “bulldozed” his way out to obtain a running line in a manner which can only be described as careless.
--We find the charge proved.”
--By way of expansion on our oral decision, it was this Committee’s finding that Mr Collett forced his way out by effectively pushing Ms Allpress out of the way. That, in our opinion, goes beyond competitive riding, and most certainly falls into the careless riding bracket.
--PENALTY SUBMISSIONS
--Mr Davidson advised the hearing that Mr Collett had been suspended for four days in October, November and December 2009. He said that a suspension was called for. He observed that it was a Listed Stakes Race, although Mr Davidson said that he did not believe that the incident had any bearing on the final result.
--He described the carelessness as low to mid-range and called for a suspension of five to six days.
--No submissions on the question of penalty were made by Mr Collett. Application was made for a deferment of the coming into effect of any period of suspension.
--PENALTY DECISION
--We delivered the following oral penalty decision.
-- “Having taken into account Mr Collett’s record, which would not be described
as that good, and the fact that this was a Listed Stakes Race, and because we believe that Mr Collett benefited from his actions, the penalty to be imposed will be a suspension of five racing days commencing from the conclusion of racing on Saturday 6 March up to and including Saturday 13 March.
In addition, a fine of $500 is imposed.”
--This Committee gave careful consideration to whether or not Mr Collett rode without due care and consideration and benefited from his actions. We have formed the view, from carefully studying the video film, that Mr Collett forced his way out of a situation and had he not done so, then having regard to the positions of horses at the relevant time, he would probably not have obtained clear racing room for several strides. By taking the action that he did, he was able to get out of restricted space and he then went on to win the race. The margin, at the finish, was only half a length and thus, we draw the inference that by virtue of Mr Collett forcing his way out, that he did gain an advantage in terms of the eventual result.
--Thus, with the race being a Listed Stakes Race, it is appropriate for a fine to be imposed in addition to the period of suspension, and that fine we have set at $500.
--
KG Hales R G McKenzie
CHAIR Committee Member
6255
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Rules: 638.1.d
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