Archive Decision

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Ashburton RC 25 July 2014 – R 9

ID: JCA13720

Applicant:
N McIntyre- Stipendiary Steward

Respondent(s):
R Cuneen-Licensed Apprentice Jockey

Other Person:
N Ridley-Class A Trainer

Information Number:
A1594

Hearing Type:
Hearing

New Charge:
Alleged breach of Rule 638(1)(d)

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Ashburton RC - 25 July 2014

Meet Chair:
SChing

Meet Committee Member 1:
PKnowles

Race Date:
2014/07/25

Race Number:
R9

Decision:

As Mr Cuneen had admitted this breach of the Rules it was found to be proved.

Penalty:

We therefore determined that Mr Cuneen’s Apprentice Jockey's License be suspended from the conclusion of racing on Monday 28 July until the conclusion of racing 6 August 2014 which encompasses the days racing at Christchurch 2 August and Christchurch 6 August 2014 (2 effective days).

Facts:

Following the running of Race 9, the Cochranes Of Canterbury Maiden 1200m, an Information was filed by Stipendiary Steward, Mr N McIntyre, against Apprentice Jockey, Mr R Cuneen, the rider of PLAYS UNTIL DARK, alleging careless riding shortly near the 600m by shifting outward when not clear, causing COURTSHIP, ridden by Mr G Coetzee, to be checked.

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Cuneen had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Cuneen also agreed that he understood the charge and the Rule it was brought under. As Mr Cuneen was an Apprentice Jockey, Mr N Ridley, his employer, assisted him during the hearing.

Mr McIntyre gave evidence and used video coverage with the assistance of Stipendiary Steward Mr M Zarb to show that near the 600m PLAYS UNTIL DARK, ridden by Mr Cuneen, shift ground outwards when not clear of COURTSHIP, ridden by Mr G Coetzee, causing that horse to check and lose momentum.

Mr Cuneen or Mr Ridley did not dispute the facts presented by the Stipendiary Stewards with Mr Cuneen stating he could see what he had done wrong and hoped to learn from it.

Submissions for Penalty:

Mr McIntyre stated that Mr Cuneen had advised the Stewards that his career rides totalled 50. He said that Mr Cuneen had a clear penalty record and after also taking into account his status as an Apprentice Rider and his admittance of the breach, the Stewards would be seeking a suspension of 2 days. He submitted that in the Stewards' opinion the breach was in the low to mid-level.

Mr Ridley submitted that a 1 day suspension and a fine be considered as penalty in this case. Mr McIntyre objected to the submission from Mr Ridley.

Deferment of penalty was discussed but not deemed an option as the next meeting in the South Island district was on Monday 28 July with the riders already declared and the following meeting being Saturday 2 August at Christchurch.

Reasons for Penalty:

In determining penalty the Committee took into consideration Mr Cuneen’s good record and his frank admission of the breach. The Committee also took into account Mr Cuneen's status as a South Island Apprentice Rider and concurred with the Stewards' submission that the breach was at the low to mid-level on the scale of carelessness. In taking the JCA Penalty Guide starting point of 5 days we were able to give Mr Cuneen a discount of 1 day for his status as a South Island Apprentice Rider. We were also able to give Mr Cuneen a further discount of 2 days for his admission of the breach and his clear penalty record. We determined that a 2 day suspension was 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: 5c161bf1ded91085f136a70a43918ba5


informantnumber: A1594


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Alleged breach of Rule 638(1)(d)


plea: admitted


penaltyrequired: 1


decisiondate: 25/07/2014


hearing_title: Ashburton RC 25 July 2014 - R 9


charge:


facts:

Following the running of Race 9, the Cochranes Of Canterbury Maiden 1200m, an Information was filed by Stipendiary Steward, Mr N McIntyre, against Apprentice Jockey, Mr R Cuneen, the rider of PLAYS UNTIL DARK, alleging careless riding shortly near the 600m by shifting outward when not clear, causing COURTSHIP, ridden by Mr G Coetzee, to be checked.

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Cuneen had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Cuneen also agreed that he understood the charge and the Rule it was brought under. As Mr Cuneen was an Apprentice Jockey, Mr N Ridley, his employer, assisted him during the hearing.

Mr McIntyre gave evidence and used video coverage with the assistance of Stipendiary Steward Mr M Zarb to show that near the 600m PLAYS UNTIL DARK, ridden by Mr Cuneen, shift ground outwards when not clear of COURTSHIP, ridden by Mr G Coetzee, causing that horse to check and lose momentum.

Mr Cuneen or Mr Ridley did not dispute the facts presented by the Stipendiary Stewards with Mr Cuneen stating he could see what he had done wrong and hoped to learn from it.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cuneen had admitted this breach of the Rules it was found to be proved.


sumissionsforpenalty:

Mr McIntyre stated that Mr Cuneen had advised the Stewards that his career rides totalled 50. He said that Mr Cuneen had a clear penalty record and after also taking into account his status as an Apprentice Rider and his admittance of the breach, the Stewards would be seeking a suspension of 2 days. He submitted that in the Stewards' opinion the breach was in the low to mid-level.

Mr Ridley submitted that a 1 day suspension and a fine be considered as penalty in this case. Mr McIntyre objected to the submission from Mr Ridley.

Deferment of penalty was discussed but not deemed an option as the next meeting in the South Island district was on Monday 28 July with the riders already declared and the following meeting being Saturday 2 August at Christchurch.


reasonsforpenalty:

In determining penalty the Committee took into consideration Mr Cuneen’s good record and his frank admission of the breach. The Committee also took into account Mr Cuneen's status as a South Island Apprentice Rider and concurred with the Stewards' submission that the breach was at the low to mid-level on the scale of carelessness. In taking the JCA Penalty Guide starting point of 5 days we were able to give Mr Cuneen a discount of 1 day for his status as a South Island Apprentice Rider. We were also able to give Mr Cuneen a further discount of 2 days for his admission of the breach and his clear penalty record. We determined that a 2 day suspension was an appropriate penalty in this case.


penalty:

We therefore determined that Mr Cuneen’s Apprentice Jockey's License be suspended from the conclusion of racing on Monday 28 July until the conclusion of racing 6 August 2014 which encompasses the days racing at Christchurch 2 August and Christchurch 6 August 2014 (2 effective days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: N McIntyre- Stipendiary Steward


JockeysandTrainer: R Cuneen-Licensed Apprentice Jockey


Otherperson: N Ridley-Class A Trainer


PersonPresent:


Respondent:


StipendSteward:


raceid: 0cfca898152ddfa0581ee5b6e60a182a


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: 065782bc5ea807b0f17c068c9cb82dc9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/07/2014


meet_title: Ashburton RC - 25 July 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: PKnowles


meet_pm2: none


name: Ashburton RC