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Ashburton RC 14 May 2013 – R 4

ID: JCA12024

Applicant:
M Zarb - Stipendiary Steward

Respondent(s):
Mrs B Pitman - Apprentice Jockey

Other Person:
Mr M Pitman - Licensed Trainer assisting Mrs Pitman

Information Number:
A4930

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:
denied

Code:
Thoroughbred

Meet Title:
Ashburton RC - 14 May 2013

Meet Chair:
KHales

Race Date:
2013/05/14

Race Number:
R4

Decision:

The charge is dismissed.

Charge:

It was alleged that Mrs B Pitman allowed her mount to shift inwards under pressure carrying "Fragrant" (CW Johnson) on to "Ashburn Lane" (R Doherty) with these two horses bumping and "Fragrant" having to be steadied.

Facts:

As a result of an incident in the final stages of the "Barneswood Farm Rating 75", Mrs B Pitman, an apprentice jockey, was charged with careless riding pursuant to Rule 638(1)(d) of the Rules of Racing.

It was alleged that Mrs Pitman allowed her mount to shift inwards when not sufficiently clear of "Fragrant" ridden by CW Johnson. Mr Zarb presented the case for the Stipendiary Stewards, relying on video film coverage of the incident. He pointed out how Mrs Pitman, in the run home was racing approximately 6 horses wide, was having difficulty in keeping her horse, "Prince Ransom" on a straight line. Each time she used the whip, her mount would shift inwards. Mr Zarb said that she shifted inwards at a full horse width if not more. She had to stop whipping on at least three occasions, to straighten her mount. Notwithstanding her actions to straighten, her mount would shift ground inwards, each time she used her whip. As she shifted ground, "Fragrant" was inconvenienced and Mr Johnson bumped "Ashburn Lane" which at that point was on his inside. When Mrs Pitman went clear, Mr Johnson went around the heels of "Prince Ransom" in order to get a clear run to the finishing post. At the same time that Mrs Pitman was shifting inwards, however, Mr R Hannam on "Margarets Own", who was racing about two horse widths off the rail, moved outwards on to "Ashburn Lane", although his outward movement was not as great as Mrs Pitman's inward movements. Mr Zarb said that Mr Hannam only moved out about one half a horse width.  Mrs Pitman then went clear of all horses and went on to win the race. Having got sufficiently clear, she shifted ground quite significantly inwards, but the  Stipendiary Stewards were not concerned with that.

Mr Zarb did not call either Mr Johnson, the rider of "Fragrant" or Mr Doherty, the rider of "Ashburn Lane" to give evidence. He submitted that Mrs Pitman did not do enough to keep her mount on a straight line, and that she should have realised at a lot earlier stage, that each time she used the whip, the horse would move inwards. He suggested that she should have changed her whip hand or ridden "hands and heels", which he felt might have prevented the inward movement.

Mrs Pitman used her employer, Mr Michael Pitman, Licensed Trainer to assist with her defence. He asked Mr Zarb to point out when she moved in 3 horse widths. He challenged this aspect  of the Stipendiary Stewards' evidence. He also suggested that Mrs Pitman had taken every reasonable effort to straighten her horse.

Mr Pitman called CW Johnson to give evidence. Mr Johnson said that although Mrs Pitman moved inwards that his chances were not affected. He said that he didn't have to check his mount, and was able to go around Mrs Pitman for a run to the line. He said she was her own length and a "wee bit" clear. He didn't have to stop riding but had to adjust his riding to go around her.

Submissions for Decision:

Mr Zarb chose not to sum up the Stipendiary Stewards' case.

Mr Pitman summed up by saying that Mrs Pitman did not ride carelessly. He maintained that she had done everything required of her.

Reasons for Decision:

On first looking at the video, it appeared that Mrs Pitman was not making sufficient efforts to keep her horse straight. However, after listening to the oral evidence, and in particular Mr Johnson's statement that he was not checked and neither did he receive interference, and the fact that Mr Hannam's horse did come out and bump the horse on his outside, places a different light on the the situation.

I have to be satisfied that Mrs Pitman rode carelessly. It was clear to me that she made significant efforts to straighten her mount. It is all very well to say that she should have changed her whip hand. In which case, it may well moved outwards, but that is speculation. All riders that were in contention were riding with considerable vigour as the incident in question was happening in the last 100 metres or so, of the race.

Thus, after giving careful consideration to the totality of the evidence I am not satisfied that I can find the charge proved.

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: 30349f2564b35737e1875d041770c59c


informantnumber: A4930


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 0


decisiondate: 07/05/2013


hearing_title: Ashburton RC 14 May 2013 - R 4


charge:

It was alleged that Mrs B Pitman allowed her mount to shift inwards under pressure carrying "Fragrant" (CW Johnson) on to "Ashburn Lane" (R Doherty) with these two horses bumping and "Fragrant" having to be steadied.


facts:

As a result of an incident in the final stages of the "Barneswood Farm Rating 75", Mrs B Pitman, an apprentice jockey, was charged with careless riding pursuant to Rule 638(1)(d) of the Rules of Racing.

It was alleged that Mrs Pitman allowed her mount to shift inwards when not sufficiently clear of "Fragrant" ridden by CW Johnson. Mr Zarb presented the case for the Stipendiary Stewards, relying on video film coverage of the incident. He pointed out how Mrs Pitman, in the run home was racing approximately 6 horses wide, was having difficulty in keeping her horse, "Prince Ransom" on a straight line. Each time she used the whip, her mount would shift inwards. Mr Zarb said that she shifted inwards at a full horse width if not more. She had to stop whipping on at least three occasions, to straighten her mount. Notwithstanding her actions to straighten, her mount would shift ground inwards, each time she used her whip. As she shifted ground, "Fragrant" was inconvenienced and Mr Johnson bumped "Ashburn Lane" which at that point was on his inside. When Mrs Pitman went clear, Mr Johnson went around the heels of "Prince Ransom" in order to get a clear run to the finishing post. At the same time that Mrs Pitman was shifting inwards, however, Mr R Hannam on "Margarets Own", who was racing about two horse widths off the rail, moved outwards on to "Ashburn Lane", although his outward movement was not as great as Mrs Pitman's inward movements. Mr Zarb said that Mr Hannam only moved out about one half a horse width.  Mrs Pitman then went clear of all horses and went on to win the race. Having got sufficiently clear, she shifted ground quite significantly inwards, but the  Stipendiary Stewards were not concerned with that.

Mr Zarb did not call either Mr Johnson, the rider of "Fragrant" or Mr Doherty, the rider of "Ashburn Lane" to give evidence. He submitted that Mrs Pitman did not do enough to keep her mount on a straight line, and that she should have realised at a lot earlier stage, that each time she used the whip, the horse would move inwards. He suggested that she should have changed her whip hand or ridden "hands and heels", which he felt might have prevented the inward movement.

Mrs Pitman used her employer, Mr Michael Pitman, Licensed Trainer to assist with her defence. He asked Mr Zarb to point out when she moved in 3 horse widths. He challenged this aspect  of the Stipendiary Stewards' evidence. He also suggested that Mrs Pitman had taken every reasonable effort to straighten her horse.

Mr Pitman called CW Johnson to give evidence. Mr Johnson said that although Mrs Pitman moved inwards that his chances were not affected. He said that he didn't have to check his mount, and was able to go around Mrs Pitman for a run to the line. He said she was her own length and a "wee bit" clear. He didn't have to stop riding but had to adjust his riding to go around her.


appealdecision:


isappeal:


submissionsfordecision:

Mr Zarb chose not to sum up the Stipendiary Stewards' case.

Mr Pitman summed up by saying that Mrs Pitman did not ride carelessly. He maintained that she had done everything required of her.


reasonsfordecision:

On first looking at the video, it appeared that Mrs Pitman was not making sufficient efforts to keep her horse straight. However, after listening to the oral evidence, and in particular Mr Johnson's statement that he was not checked and neither did he receive interference, and the fact that Mr Hannam's horse did come out and bump the horse on his outside, places a different light on the the situation.

I have to be satisfied that Mrs Pitman rode carelessly. It was clear to me that she made significant efforts to straighten her mount. It is all very well to say that she should have changed her whip hand. In which case, it may well moved outwards, but that is speculation. All riders that were in contention were riding with considerable vigour as the incident in question was happening in the last 100 metres or so, of the race.

Thus, after giving careful consideration to the totality of the evidence I am not satisfied that I can find the charge proved.


Decision:

The charge is dismissed.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


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: M Zarb - Stipendiary Steward


JockeysandTrainer: Mrs B Pitman - Apprentice Jockey


Otherperson: Mr M Pitman - Licensed Trainer assisting Mrs Pitman


PersonPresent:


Respondent:


StipendSteward:


raceid: 79ebc8bb15444f06cc79da80b192e27a


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race_title: R4


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meetdate: 14/05/2013


meet_title: Ashburton RC - 14 May 2013


meet_expappcomment:


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meet_racingtype: thoroughbred-racing


meet_chair: KHales


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name: Ashburton RC