Ashburton RC – 17 October 2010 – R 12

hearingid: a7679ab2df12a936930ba4ef02a21549

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 17/10/2010

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Ashburton RC - 17 October 2010 - R 12

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  M Davidson – Stipendiary Steward

Defendant:  Ms A Denby (Apprentice Jockey) (Accompanied by Mr M Pitman, Licensed Trainer).

Information No:  6911

Meeting:  Ashburton Racing Club

Date:  17^th October 2010

Venue:  Ashburton Raceway

Race:  12

Rule No:  638(1)(d)

Judicial Committee:  KG Hales, Chairman – JM Phelan, Committee Member

Plea:  Not Admitted

Also Present:  J McLaughlin, Stipendiary Steward

At the result of an incident in Race 12, Ms A Denby was charged with a breach of Rule 638(1)(d) which reads as follows:

“A rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d)        careless.

It was alleged:

“A Denby, rider on “Kahlua” permitted her mount to shift in when not clear causing “Rio Bertolini” to check.  This happened near the 1100 metre mark. 

FACTS:

Mr J McLaughlin, Stipendiary Steward, demonstrated the incident from the Stipendiary Steward’s perspective using the video coverage and commencing with coverage of a head on view of the field. 

He identified Ms Denby as racing in approximately five wide position who moved across the line of Ms N Collett riding “Rio Bertolini” and as a consequence, checked Ms Collett off her racing line.

He then said how there were two other horses to the inside of Ms Collett which were affected.  Contact was made by the three horses in question with each other.  He believed that Ms Denby had moved across at least one horse width across the line of Ms Collett.  He also showed a side on view from a “Trackside” video which showed the respective positions of Ms Denby and Ms Collett at the moment of the check that Ms Collett received.

Ms Collett was called to give evidence.  She said that her horse jumped from the starting stalls quite nicely but within a short space of time, got into tight quarters.  She received pressure from her outside.  She identified that pressure as coming from Ms Denby on “Kahlua”.  At first, she thought that Ms Denby may have been sufficiently clear of her but then conceded upon reconsidering the matter and viewing the video coverage that Ms Denby was not her own horse length and another length clear. 

In cross examination, Ms Denby asked did any pressure come from the horse “Time and Moment” on her inside where there was a lot of buffeting.  Ms Collett agreed that that had happened.  Mr Pitman asked if there had been contact with the horse “Four Pins”.  Mr Collett agreed that there had been pressure from that direction.

Ms A Mundy was called to give evidence.  She stated that she received constant pressure from her outside and also went onto say that Ms Collett received greater pressure than she did.  At all material times, Ms Mundy was confident that the pressure came from the outside.

In cross examination, Ms Denby asked if there was equal pressure from the inside.  Ms Denby responded by saying that the initial bump came from the outside of her which would have been from Ms Collett and that that carried through to the horse on her inside which was ridden by KC Walters (“Time and Moment”).  The buffeting that occurred turned the horse inside her almost sideways. 

In further cross examination, Mr Pitman asked if she was only half a head behind Ms Collett and that was agreed to.

Ms Denby then made her submissions in relation to the incident.  She pointed to the actions of “Time and Moment” ridden by KC Walters which moved suddenly in an outwards direction when confronted by tightness.  She said that her movement was gradual that is to say there was no sudden movement on her part but that there was an overreaction caused primarily by KC Walters.  Mr Pitman then gave further assistance to Ms Denby by saying that KC Walters rushed into the gap and that Ms Denby hardly moved off her line.  He submitted that there was a bottle neck being caused by virtue of the position of the starting gates through to the course proper and down the back straight.  He said that there was general tightening all around.  He submitted that Ms Denby’s movement was minimal and that from his point of view, Ms Collett was always in difficulties. 

In re-examination,  Mr Davidson put it to Ms Denby and Mr Pitman that KC Walters was always in a one off the fence position and entitled to his racing line.  This was not readily conceded.  There was further emphasis placed on the fact that Ms Denby’s movement was marginal. 

DECISION:

On Race Day we delivered the following interim decision and advised the hearing that a more detailed decision would be provided:

“The essential finding that we have made is that Ms Denby was not her own length and another length clear when moving across the line of Ms Collett.  The video evidence was clear that Ms Collett had to check as a consequence.  This meets the definition of “careless riding” and accordingly, we are satisfied the charged has been proved.”

We now expand our decision by setting out further reasons for finding the charge proved.

Ms Denby was racing approximately five wide.  As the field approached the 1100 metre mark, there was at least four horses to her inside.  She began a gradual movement across towards the fence but in the process, moved across the racing line of Ms Collett.  Ms Denby was not her own horse length and another length clear at the time that she moved across.   Ms Collett had to check her mount as a consequence of Ms Denby’s movement.  Whilst Mr Pitman was of the view that Ms Denby hardly moved off her own racing line, and whilst Mr Davidson described the movement as marginal (which he later defined as being a horse width), our own observations of the video coverage confirm to us that in our opinion, Ms Denby moved at least one horse width across.  Of significance is the fact that in so doing, she took Ms Collett’s line.  She was not her own horse length and another length clear and Ms Collett had to check as a consequence.

Much emphasis was then placed on what was happening with other horses on the inside.  Mr Pitman endeavoured to convince us that KC Walters was rushing into a gap and that he was primarily the cause of the buffeting that occurred between Ms Collett, Ms Mundy and him.

However, our careful analysis of the incident convinces us that this all happened after Ms Denby had moved across Ms Collett’s line.  Thus, we find as a fact that the buffeting which occurred was the result of a general tightening which was contributed to significantly by Ms Collett’s actions in checking her mount.

In reaching our decision, we gave careful consideration not only to the video coverage, but also to the oral evidence of Ms Collett and Ms Denby in particular.  Ms Denby was unequivocal in her evidence by stating that the pressure came from her outside and that this could only have occurred as a result of Ms Collett being tightened down onto her which, of course, was as the result of Ms Denby moving across Ms Collett’s line. 

The consequences of this carelessness certainly did seem to appear a lot worse than perhaps they were because, there does seem to be quite firm evidence that KC Walters was improving quite suddenly when the buffeting started and his movements contributed to the continued buffeting.  Notwithstanding all of this and the consequences, the fact that remains is that Ms Denby moved across Ms Collett’s line, albeit in a gradual and not sudden fashion, when she was not her own length and another length clear.  That is a recognised definition of careless riding.

PENALTY SUBMISSIONS

Mr Davidson told us that Ms Denby has a good record.  She has received only one suspension, being that of two days, in February of this year.

He did believe that it was a mitigating factor that Ms Denby’s movement was marginal.  He said that he considered the degree of carelessness to be in the mid to low range and that a suspension of two to three South Island days would be appropriate.

Ms Denby submitted to us that in her view, there was a low degree of carelessness.  There were no abrupt actions on her part and she felt that a three day penalty was too harsh.

DECISION

On Race Day, we delivered the following penalty decision:

“For the purposes of imposing penalty we have concluded that the degree of carelessness was medium to low.  The consequences of Ms Denby’s carelessness will be discussed in greater detail in our formal decision, but suffice it to say at this stage we recognise that KC Walters’ actions were a contributing factor to what appeared to be the results of Ms Denby’s careless riding.

Thus, we will impose a period of suspension of two South Island racing days, having given Ms Denby credit for her good record.”

Mr Denby applied to have the penalty deferred for seven days, which application is granted.  Accordingly, Mr Denby is suspended for two South Island race days commencing at the conclusion of racing on Sunday 24^th October and ending at the conclusion of racing on Tuesday 2^nd November.  This encompasses meetings at Timaru and at Wingatui.”

FOOTNOTE:

After Race Day, and before the delivery of this decision, Mr Pitman, on Ms Denby’s behalf contacted the JCA and applied to have the deferment of penalty altered.  He requested that Ms Denby’s suspension commence at the conclusion of racing on Friday 22^nd October (Wyndham) and to conclude at the conclusion of racing on Sunday 31^st October (Timaru).  That application is granted accordingly.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 638(1)d)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: de54f28069ef32186fcb4c3c2bfa4f72

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 12

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: f9be5e6b67e7380d77543072ff256238

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 17/10/2010

meet_title: Ashburton RC - 17 October 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: ashburton-rc

meet_racingtype: thoroughbred-racing

meet_chair: tom

meet_pm1: tom

meet_pm2: tom

name: Ashburton RC