Archive Decision

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Auckland RC – 1 January 2009 – Race 8

ID: JCA23142

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Auckland RC - 1 January 2009

Race Date:
2009/01/01

Race Number:
Race 8

Decision:

Following race 8 an information was filed by the informant Mr J Oatham pursuant to rule 871(1)(d). He alleged that PINSOIR (V Colgan) shifted out to obtain clear running near the 50 metres causing checks to MARTINI RED (J McDonald) ACCARDO (C Ormsby) and BULGINBAAH (K Hercock).



Following race 8 an information was filed by the informant Mr J Oatham pursuant to rule 871(1)(d). He alleged that PINSOIR (V Colgan) shifted out to obtain clear running near the 50 metres causing checks to MARTINI RED (J McDonald) ACCARDO (C Ormsby) and BULGINBAAH (K Hercock).

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Mr Colgan admitted the breach.

--

 

--

Mr Williamson demonstrated the video films which clearly showed at the 50 metre mark Mr Colgan angle his mount to obtain a run and in doing so cause quite severe checks to MARTINI RED, ACCARDO, and BULGIN BAAR. Mr Williamson said Mr Colgan continued riding forward at all times when he should have taken a hold and stay behind the horse in front of him.

--

 

--

Mr Colgan said he was near last at the 300 and only in the last 100 metres did PINSOIR pick up. In the last 50 metres he found himself in a tight position and he tried to give himself some room to stop running into the horse in front of him which was weakening.

--

 

--

PENALTY SUBMISSIONS:

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Mr Oatham produced Mr Colgan’s record which showed his last suspension being in February 2008.  He said, however, that this was a group 1 race with a $250,000 stake. He said this was an error of judgment and submitted suspension of 2-3 weeks with a fine of $2-3000.

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Mr Colgan asked that any suspension start immediately.

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PENALTY:

--

 

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The committee carefully considered the submissions and before imposing a penalty took the following into account

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--

1.         Mr Colgan’s excellent record.

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2.         His guilty plea.

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3.         The level of carelessness and the interference suffered by the 3 horses concerned.

--

4.         The status of the race and the consequence as set out in rile 1122.

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--

Accordingly we impose a suspension to start after the conclusion of racing today 1 January and conclude after racing on 22 January 2009 (3 weeks). In addition we impose a fine of $2000.

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--

 

--

R M Seabrook                                     D C Johnstone

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: f6496359fd8ca9fa0c2ba3c4dc925ccf


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 01/01/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland RC - 1 January 2009 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following race 8 an information was filed by the informant Mr J Oatham pursuant to rule 871(1)(d). He alleged that PINSOIR (V Colgan) shifted out to obtain clear running near the 50 metres causing checks to MARTINI RED (J McDonald) ACCARDO (C Ormsby) and BULGINBAAH (K Hercock).



Following race 8 an information was filed by the informant Mr J Oatham pursuant to rule 871(1)(d). He alleged that PINSOIR (V Colgan) shifted out to obtain clear running near the 50 metres causing checks to MARTINI RED (J McDonald) ACCARDO (C Ormsby) and BULGINBAAH (K Hercock).

--

 

--

Mr Colgan admitted the breach.

--

 

--

Mr Williamson demonstrated the video films which clearly showed at the 50 metre mark Mr Colgan angle his mount to obtain a run and in doing so cause quite severe checks to MARTINI RED, ACCARDO, and BULGIN BAAR. Mr Williamson said Mr Colgan continued riding forward at all times when he should have taken a hold and stay behind the horse in front of him.

--

 

--

Mr Colgan said he was near last at the 300 and only in the last 100 metres did PINSOIR pick up. In the last 50 metres he found himself in a tight position and he tried to give himself some room to stop running into the horse in front of him which was weakening.

--

 

--

PENALTY SUBMISSIONS:

--

 

--

Mr Oatham produced Mr Colgan’s record which showed his last suspension being in February 2008.  He said, however, that this was a group 1 race with a $250,000 stake. He said this was an error of judgment and submitted suspension of 2-3 weeks with a fine of $2-3000.

--

 

--

Mr Colgan asked that any suspension start immediately.

--

 

--

PENALTY:

--

 

--

The committee carefully considered the submissions and before imposing a penalty took the following into account

--

 

--

1.         Mr Colgan’s excellent record.

--

2.         His guilty plea.

--

3.         The level of carelessness and the interference suffered by the 3 horses concerned.

--

4.         The status of the race and the consequence as set out in rile 1122.

--

 

--

Accordingly we impose a suspension to start after the conclusion of racing today 1 January and conclude after racing on 22 January 2009 (3 weeks). In addition we impose a fine of $2000.

--

 

--

 

--

R M Seabrook                                     D C Johnstone

CHAIRMAN

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: cd8f5236924e0009c6b48856793a4767


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 8


submittochair:


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meetid: b275c31d9988c3546eafbfbdec577171


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waitingforpublication: 0


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meet_emailed2: 0


meetdate: 01/01/2009


meet_title: Auckland RC - 1 January 2009


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tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


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name: Auckland RC