Ashburton RC 21 August 2011 – R 9
ID: JCA16185
Meet Title:
Ashburton TC - 21 August 2011
Meet Chair:
KHales
Meet Committee Member 1:
JMillar
Race Date:
2011/08/21
Race Number:
R9
Decision:
The charge is dismissed.
Charge:
Alleged that L Whelan permitted her mount to shift inwards near the 150 metres causing "Nancy Myles" (T Moseley) to check.
Facts:
Mr Ray commenced the hearing by asking Mr J McLaughlin (Stipendiary Steward) to demonstrate the incident with reference to to the video coverage. We were shown the head-on and side-on camera views of the incident.
As the field came around the turn on the run for home Ms Whelan on "Avid Ruler" was racing in approximately a five wide position. She was racing in the clear. At the 150 metre point, Ms Whelan struck her mount twice but in the process her horse moved in, on to the line of TR Moseley on "Nancy Myles", causing quite significant interference. Mr Moseley had to check his mount out of the running.
Mr Moseley was called to give oral evidence. He said that at the top of the straight he and Shankar Muniandy on "Compact Pussycat" were "grinding" away, running in 4th position. He got up to 3rd position. He said that notwithstanding the interference he received that he was unsure as to whether he would have finished in a better position.
Ms Whelan then presented her case in defence. She was assisted in the hearing by Mr J Parsons, Licensed Trainer. She asked us to look at the head on coverage at the top of the straight. She pointed out how her mount was laying in with its head turned outwards. With about 250 metres to run she whipped the horse twice and it did not move off it's line. Thus by the time she reached Mr Moseley's mount, she felt confident that she could use the whip again. However, after two quick strikes, the horse moved suddenly inwards on to the line of Mr Moseley's mount. She grabbed for the right rein but missed on her first attempt. As soon as she had a firm grip on the right rein she was able to move "Avid Ruler" off the line of "Nancy Myles". Mr Parsons supported her submissions.
Submissions for Decision:
In summing up, Mr Ray advanced the proposition that as "Avid Ruler" was demonstrating a tendency to "lay in", that Ms Whelan should have been more aware of that tendency and therefore she should have been better prepared for the horse to "lay in" in the manner that it did.
Ms Whelan replied by saying that after having given the horse a couple of strokes of the whip at about the 250 metres, and with no reaction from the horse, she felt confidently that she could do the same again, particularly when it was apparent that her mount was improving.
Reasons for Decision:
We delivered the following decision on race day.
As the field was on the run for the post, from about the 400 metre mark, Ms Whelan on "Avid Ruler" was racing in the clear about 5 horse widths off the rails. Her horse was displaying a tendency to "lay in". Ms Whelan was at that point keeping a firm hold to ensure she didn't move off her racing line at this time.
With about 250 metres to run, she struck her horse twice with the whip and it did not, at that point, move off its line of racing.
With about 150 metres to run, Ms Whelan came into the proximity of "Nancy Myles" ridden by TR Moseley, which at that time was running in third position. As Ms Whelan came alongside of of "Nancy Myles", she struck her horse tweice with the whip. At that point, "Avid Ruler" moved suddenly inwards across the line of "Nancy Myles" and caused a check to that horse.
Ms Whelan grabbed quickly for her right rein, but missed on her first attempt. She had stopped whipping. She took hold of her right rein on the second attempt and moved "Avid Ruler" off the racing line of "Nancy Myles". Unfortunately, by that time, the damage was done.
Mr Ray alleged that Ms Whelan should have been better prepared as the her horse was "laying in" and that she should have recognised that tendency on the part of the horse.
However, we find as a fact that Ms Whelan did everything that was required of her in the circumstances. Her horse was in with a chance. It moved suddenly when struck. Ms Whelan stopped whipping and grabbed for the reins. We do not think she could have done anything more.
That being the case we are not satisfied that Ms Whelan's riding was careless.
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: c7587e26d3076ef18ce135d471f94f37
informantnumber: 6991
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 25/08/2011
hearing_title: Ashburton RC 21 August 2011 - R 9
charge:
Alleged that L Whelan permitted her mount to shift inwards near the 150 metres causing "Nancy Myles" (T Moseley) to check.
facts:
Mr Ray commenced the hearing by asking Mr J McLaughlin (Stipendiary Steward) to demonstrate the incident with reference to to the video coverage. We were shown the head-on and side-on camera views of the incident.
As the field came around the turn on the run for home Ms Whelan on "Avid Ruler" was racing in approximately a five wide position. She was racing in the clear. At the 150 metre point, Ms Whelan struck her mount twice but in the process her horse moved in, on to the line of TR Moseley on "Nancy Myles", causing quite significant interference. Mr Moseley had to check his mount out of the running.
Mr Moseley was called to give oral evidence. He said that at the top of the straight he and Shankar Muniandy on "Compact Pussycat" were "grinding" away, running in 4th position. He got up to 3rd position. He said that notwithstanding the interference he received that he was unsure as to whether he would have finished in a better position.
Ms Whelan then presented her case in defence. She was assisted in the hearing by Mr J Parsons, Licensed Trainer. She asked us to look at the head on coverage at the top of the straight. She pointed out how her mount was laying in with its head turned outwards. With about 250 metres to run she whipped the horse twice and it did not move off it's line. Thus by the time she reached Mr Moseley's mount, she felt confident that she could use the whip again. However, after two quick strikes, the horse moved suddenly inwards on to the line of Mr Moseley's mount. She grabbed for the right rein but missed on her first attempt. As soon as she had a firm grip on the right rein she was able to move "Avid Ruler" off the line of "Nancy Myles". Mr Parsons supported her submissions.
appealdecision:
isappeal:
submissionsfordecision:
In summing up, Mr Ray advanced the proposition that as "Avid Ruler" was demonstrating a tendency to "lay in", that Ms Whelan should have been more aware of that tendency and therefore she should have been better prepared for the horse to "lay in" in the manner that it did.
Ms Whelan replied by saying that after having given the horse a couple of strokes of the whip at about the 250 metres, and with no reaction from the horse, she felt confidently that she could do the same again, particularly when it was apparent that her mount was improving.
reasonsfordecision:
We delivered the following decision on race day.
As the field was on the run for the post, from about the 400 metre mark, Ms Whelan on "Avid Ruler" was racing in the clear about 5 horse widths off the rails. Her horse was displaying a tendency to "lay in". Ms Whelan was at that point keeping a firm hold to ensure she didn't move off her racing line at this time.
With about 250 metres to run, she struck her horse twice with the whip and it did not, at that point, move off its line of racing.
With about 150 metres to run, Ms Whelan came into the proximity of "Nancy Myles" ridden by TR Moseley, which at that time was running in third position. As Ms Whelan came alongside of of "Nancy Myles", she struck her horse tweice with the whip. At that point, "Avid Ruler" moved suddenly inwards across the line of "Nancy Myles" and caused a check to that horse.
Ms Whelan grabbed quickly for her right rein, but missed on her first attempt. She had stopped whipping. She took hold of her right rein on the second attempt and moved "Avid Ruler" off the racing line of "Nancy Myles". Unfortunately, by that time, the damage was done.
Mr Ray alleged that Ms Whelan should have been better prepared as the her horse was "laying in" and that she should have recognised that tendency on the part of the horse.
However, we find as a fact that Ms Whelan did everything that was required of her in the circumstances. Her horse was in with a chance. It moved suddenly when struck. Ms Whelan stopped whipping and grabbed for the reins. We do not think she could have done anything more.
That being the case we are not satisfied that Ms Whelan's riding was careless.
Decision:
The charge is dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: Rule 638(1)(d), A rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) Careless
Informant: A Ray - Stipendiary Steward
JockeysandTrainer: L Whelan - Apprentice Jockey
Otherperson: J Parson - Licensed Trainer assisting Ms Whelan
PersonPresent:
Respondent:
StipendSteward:
raceid: 9a238179dcd8629aefdbd5b0323d0079
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: 8e6216362d8ffba316a2c079e44a48a0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/08/2011
meet_title: Ashburton TC - 21 August 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: JMillar
meet_pm2: none
name: Ashburton TC