Ashburton RC 20 October 2018 – R 9 – Chair, Mr S Ching
ID: JCA15147
Code:
Thoroughbred
Meet Title:
Ashburton RC - 20 October 2018
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2018/10/20
Race Number:
R9
Decision:
As Miss Cowan had admitted the breach the charge was found proved.
Penalty:
Miss Cowan’s Class B Jockeys licence is suspended from the conclusion of racing 27 October September up to and including 7 November 2018.
Facts:
Following the running of Race 9, the JJ Ltd Rating 82, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Miss K Cowan alleging careless riding in that she allowed her mount, BULLY BOY, to shift out when not clear of RICHARD OF YORKE, ridden by Mr O Bosson, who was checked passing the 100m.
Rule 638 provides: -
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Cowan had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Miss Cowan also agreed that she understood the charge and the Rule it was brought under.
Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Cowan at the hearing.
Mr McLaughlin, gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr D Wadley, to show that nearing the 100m, BULLY BOY, ridden by Miss Cowan, was racing on the rail and looking for room to improve with RICHARD OF YORKE, racing 3 wide on her outer. Miss Cowan, he said, shifted out, when looking to improve, and into the line of RICHARD OF YORKE who had to check. Of note, he said, was that RICHARD OF YORKE was a tiring runner and was hanging in at that point, but was still entitled to its line of running.
Miss Cowan stated that she thought RICHARD OF YORKE was weakening a lot quicker than he was. She said she thought she did not shift into his line but after viewing the films realised that she had clearly had.
Mr Walsh said that Mr Bosson was on a beaten runner and on one rein as the horse was hanging in. He also said that RICHARD OF YORKE shifted in, when hanging, prior to the incident which he believed may have contributed to the incident. Mr Walsh said that the side on films clearly showed that there was no contact between the 2 horses and the fact that Mr Bosson's mount was hanging in, exaggerated the incident and made it look worse.
Submissions for Penalty:
Mr McLaughlin stated that Miss Cowan’s record showed 5 suspensions over the previous 12 months being;
-3 November 2017 - Taranaki - 5 Days
-17 June 2018 - Waipa - 7 Days
-18 June 2018 - Whangarei - 6 Days
-20 June 2018 - Counties - 8 Days
-22 September 2018 - Canterbury - 10 days
Mr McLaughlin stated that the breach was low-range carelessness with the consequences low as well due to the affected horse being a tiring runner. He said that the JCA Penalty Guide provides a starting point for a low-range breach of a 6 National day suspension and submitted that the only aggravating factor was Miss Cowan’s record and would leave it up to the committee to determine an appropriate penalty.
Mr Walsh said that Miss Cowan’s record had not been that great in the past but was better than another rider dealt with earlier in the day. He said that rider's record was significantly worse, and that breach was low range carelessness and mid-range consequences. Mr Walsh said the penalty imposed with that rider was 8 National days and submitted that this penalty should be significantly less than that period of suspension, to be consistent in the circumstances.
Miss Cowan requested a deferment until after racing on Saturday 27 October, where she had commitments.
Reasons for Penalty:
The JCA Penalty Guide for a low-range breach of this rule is a 6 National day suspension. The Committee also assessed this breach as low-range with consequences low as well. We therefore adopted a 6 National day starting point.
The aggravating factor was Miss Cowan’s record which showed 5 breaches since November last year, the last being 1-month prior at Riccarton. Of note is that 1 of these suspensions is nearly 12 months old, with 3 others in June, 4 months prior. This aggravating factor warranted an uplift in penalty which we set at 2 days.
We determined that Miss Cowan’s frank admission of the breach warranted a discount in penalty, which we set at 1 day. Miss Cowan’s application for deferment until 27 October is granted. We therefore determined that a 7 National day suspension is an appropriate penalty in this case.
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: 6fbb0035d4f2663b769eb1a599bb0d51
informantnumber: A8200
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 22/10/2018
hearing_title: Ashburton RC 20 October 2018 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the JJ Ltd Rating 82, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Miss K Cowan alleging careless riding in that she allowed her mount, BULLY BOY, to shift out when not clear of RICHARD OF YORKE, ridden by Mr O Bosson, who was checked passing the 100m.
Rule 638 provides: -
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Miss Cowan had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Miss Cowan also agreed that she understood the charge and the Rule it was brought under.
Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Cowan at the hearing.
Mr McLaughlin, gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr D Wadley, to show that nearing the 100m, BULLY BOY, ridden by Miss Cowan, was racing on the rail and looking for room to improve with RICHARD OF YORKE, racing 3 wide on her outer. Miss Cowan, he said, shifted out, when looking to improve, and into the line of RICHARD OF YORKE who had to check. Of note, he said, was that RICHARD OF YORKE was a tiring runner and was hanging in at that point, but was still entitled to its line of running.
Miss Cowan stated that she thought RICHARD OF YORKE was weakening a lot quicker than he was. She said she thought she did not shift into his line but after viewing the films realised that she had clearly had.
Mr Walsh said that Mr Bosson was on a beaten runner and on one rein as the horse was hanging in. He also said that RICHARD OF YORKE shifted in, when hanging, prior to the incident which he believed may have contributed to the incident. Mr Walsh said that the side on films clearly showed that there was no contact between the 2 horses and the fact that Mr Bosson's mount was hanging in, exaggerated the incident and made it look worse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Cowan had admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin stated that Miss Cowan’s record showed 5 suspensions over the previous 12 months being;
-3 November 2017 - Taranaki - 5 Days
-17 June 2018 - Waipa - 7 Days
-18 June 2018 - Whangarei - 6 Days
-20 June 2018 - Counties - 8 Days
-22 September 2018 - Canterbury - 10 days
Mr McLaughlin stated that the breach was low-range carelessness with the consequences low as well due to the affected horse being a tiring runner. He said that the JCA Penalty Guide provides a starting point for a low-range breach of a 6 National day suspension and submitted that the only aggravating factor was Miss Cowan’s record and would leave it up to the committee to determine an appropriate penalty.
Mr Walsh said that Miss Cowan’s record had not been that great in the past but was better than another rider dealt with earlier in the day. He said that rider's record was significantly worse, and that breach was low range carelessness and mid-range consequences. Mr Walsh said the penalty imposed with that rider was 8 National days and submitted that this penalty should be significantly less than that period of suspension, to be consistent in the circumstances.
Miss Cowan requested a deferment until after racing on Saturday 27 October, where she had commitments.
reasonsforpenalty:
The JCA Penalty Guide for a low-range breach of this rule is a 6 National day suspension. The Committee also assessed this breach as low-range with consequences low as well. We therefore adopted a 6 National day starting point.
The aggravating factor was Miss Cowan’s record which showed 5 breaches since November last year, the last being 1-month prior at Riccarton. Of note is that 1 of these suspensions is nearly 12 months old, with 3 others in June, 4 months prior. This aggravating factor warranted an uplift in penalty which we set at 2 days.
We determined that Miss Cowan’s frank admission of the breach warranted a discount in penalty, which we set at 1 day. Miss Cowan’s application for deferment until 27 October is granted. We therefore determined that a 7 National day suspension is an appropriate penalty in this case.
penalty:
Miss Cowan’s Class B Jockeys licence is suspended from the conclusion of racing 27 October September up to and including 7 November 2018.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Miss K Cowan - Class B Rider
Otherperson: Mr D Walsh - Apprentice Jockey Mentor assisting Miss Cowan, Mr D Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ef8884459b6e32819eb5649c5661489f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2f27b5a19e9f5e2b9aa1eefd85f6636b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/10/2018
meet_title: Ashburton RC - 20 October 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Ashburton RC