Archive Decision

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Ashburton RC 13 September 2013 – R 7

ID: JCA18075

Applicant:
Mr J McLaughlin - Stipendiary Steward

Respondent(s):
Ms JL Morris - Licensed Jockey

Information Number:
A1914

Hearing Type:
Hearing

Rules:
Rule 638 (1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) Careless

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Ashburton RC - 13 September 2013

Meet Chair:
KHales

Meet Committee Member 1:
PWilliams

Race Date:
2013/09/13

Race Number:
R7

Decision:

As Ms Morris admitted the charge, it was deemed to be proved.

Penalty:

Ms Morris is therefore suspended from race riding for a period of 4 race riding days.

Her application for a deferment of the coming into effect of the penalty is granted. Her period of suspension commences at the conclusion of racing on Wednesday 18th September 2013, and will end at the conclusion of racing on Monday 30th September 2013. That period of suspension encompasses race meetings at Canterbury (21st ), Timaru (23rd), Dunedin (28th), and Winton (30th).

Charge:

It was alleged that Mr JL Morris as the rider of "Mispatch", directed her mount outwards near the 300 metres and in so doing forced "Nolawood" outwards onto the heels of "Aqualine" with "Nolawood" clipping "Aqualine's" heels and almost falling.

Facts:

Following the running of Race 7, the "Hotel Ashburton Rating 65", Mr JL Morris, Licensed Jockey was charged with careless riding. Ms Morris admitted the charge at the beginning of the hearing, but in so doing seemed to have reservations about her plea. As a consequence, she was asked again if the charge was admitted, and at this point she confirmed her admission.

Mr McLaughlin, with the assistance of Mr N Ydgren, Stipendiary Steward, demonstrated the incident using video coverage from the head on and side on cameras. Near the 300 metres mark, Ms Morris whose mount was racing keenly behind "Jimato" (T Moseley), decided to angle her mount outwards, but in so doing came into contact with "Nolawood" (L Callaway) which was forced outwards on to the heels of "Aqualine" (Ms A Morgan). The consequence of this was that "Nolawood" clipped the heels of "Aqualine". "Nolawood", as result of clipping heels "blundered" and almost fell. Mr Callaway was fortunate not to have been dislodged from the saddle in the process.

In explanation, Ms Morris suggested that her actions may have been careless, but she also felt that she had ridden competitively. In answer to a question from the Chair as to whether she was her own horse length and another length clear at the time she moved outwards, Ms Morris said that she did not think that Mr Callaway was ahead of her at the time of her outward movement.

Submissions for Penalty:

Mr McLaughlin said that Ms Morris had taken time off from race riding in late 2012 and returned to race riding in April 2013. She has had a clear record since her return to riding. He also said that she had a good overall record. Mr McLaughlin considered that the degree of carelessness was in the mid-range, but with nearly high-end consequences. He submitted that a suspension of 4 days was appropriate.

In response, Ms Morris submitted that a 4 day suspension was " a bit harsh". She made application for a deferment of the coming into effect of any period of suspension until after the Otago Racing Club's meeting at Winton on 18th September 2013.

Reasons for Penalty:

In setting  penalty, we have regard to the Penalty Guide for Judicial Committees which provides, as a starting point, for a suspension of 5 race riding days. We must then look at aggravating and mitigating factors.

In this case there are aggravating factors which warrant an uplift on our starting point. Those factors are the degree of carelessness, which we rate above that of mid-range as submitted by the Stipendiary Stewards. Ms Morris angled her mount outwards when there was insufficient room, with the consequences being the impact on "Nolawood", which nearly fell as a result of clipping the heels of "Aqualine". The uplift is that of 1 day, making our starting point, a suspension of 6 days.

Against that we look at the mitigating factors, namely Ms Morris' good overall record, and her admission of the charge. We note that Ms Morris is  a South Island rider only. For the mitigating factors outlined, we allow a discount of 2 days.

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: ea35d1bde26ecd53c007849842881bfb


informantnumber: A1914


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 01/09/2013


hearing_title: Ashburton RC 13 September 2013 - R 7


charge:

It was alleged that Mr JL Morris as the rider of "Mispatch", directed her mount outwards near the 300 metres and in so doing forced "Nolawood" outwards onto the heels of "Aqualine" with "Nolawood" clipping "Aqualine's" heels and almost falling.


facts:

Following the running of Race 7, the "Hotel Ashburton Rating 65", Mr JL Morris, Licensed Jockey was charged with careless riding. Ms Morris admitted the charge at the beginning of the hearing, but in so doing seemed to have reservations about her plea. As a consequence, she was asked again if the charge was admitted, and at this point she confirmed her admission.

Mr McLaughlin, with the assistance of Mr N Ydgren, Stipendiary Steward, demonstrated the incident using video coverage from the head on and side on cameras. Near the 300 metres mark, Ms Morris whose mount was racing keenly behind "Jimato" (T Moseley), decided to angle her mount outwards, but in so doing came into contact with "Nolawood" (L Callaway) which was forced outwards on to the heels of "Aqualine" (Ms A Morgan). The consequence of this was that "Nolawood" clipped the heels of "Aqualine". "Nolawood", as result of clipping heels "blundered" and almost fell. Mr Callaway was fortunate not to have been dislodged from the saddle in the process.

In explanation, Ms Morris suggested that her actions may have been careless, but she also felt that she had ridden competitively. In answer to a question from the Chair as to whether she was her own horse length and another length clear at the time she moved outwards, Ms Morris said that she did not think that Mr Callaway was ahead of her at the time of her outward movement.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Morris admitted the charge, it was deemed to be proved.


sumissionsforpenalty:

Mr McLaughlin said that Ms Morris had taken time off from race riding in late 2012 and returned to race riding in April 2013. She has had a clear record since her return to riding. He also said that she had a good overall record. Mr McLaughlin considered that the degree of carelessness was in the mid-range, but with nearly high-end consequences. He submitted that a suspension of 4 days was appropriate.

In response, Ms Morris submitted that a 4 day suspension was " a bit harsh". She made application for a deferment of the coming into effect of any period of suspension until after the Otago Racing Club's meeting at Winton on 18th September 2013.


reasonsforpenalty:

In setting  penalty, we have regard to the Penalty Guide for Judicial Committees which provides, as a starting point, for a suspension of 5 race riding days. We must then look at aggravating and mitigating factors.

In this case there are aggravating factors which warrant an uplift on our starting point. Those factors are the degree of carelessness, which we rate above that of mid-range as submitted by the Stipendiary Stewards. Ms Morris angled her mount outwards when there was insufficient room, with the consequences being the impact on "Nolawood", which nearly fell as a result of clipping the heels of "Aqualine". The uplift is that of 1 day, making our starting point, a suspension of 6 days.

Against that we look at the mitigating factors, namely Ms Morris' good overall record, and her admission of the charge. We note that Ms Morris is  a South Island rider only. For the mitigating factors outlined, we allow a discount of 2 days.


penalty:

Ms Morris is therefore suspended from race riding for a period of 4 race riding days.

Her application for a deferment of the coming into effect of the penalty is granted. Her period of suspension commences at the conclusion of racing on Wednesday 18th September 2013, and will end at the conclusion of racing on Monday 30th September 2013. That period of suspension encompasses race meetings at Canterbury (21st ), Timaru (23rd), Dunedin (28th), and Winton (30th).


hearing_type: Hearing


Rules: Rule 638 (1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) Careless


Informant: Mr J McLaughlin - Stipendiary Steward


JockeysandTrainer: Ms JL Morris - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6fce4dc9467f2fb4a7f2580d0b7d58ab


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4fc374ae67f6683ff33c7bc95fddb9b2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/09/2013


meet_title: Ashburton RC - 13 September 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: PWilliams


meet_pm2: none


name: Ashburton RC