Auckland RC 01 January 2015 – R 7
ID: JCA10537
Code:
Thoroughbred
Meet Title:
Auckland RC - 1 January 2015
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2015/01/01
Race Number:
Race 7
Decision:
As Mr Grylls admitted the breach we find the charge proved.
Penalty:
We grant Mr Grylls request to seek a deferment as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Grylls which will commence after racing on 3 January 2015 and conclude after racing on 31 January 2015 (18 days) and in addition we impose a $1000 fine.
The penalty did not include any South Island meetings as Mr Grylls confirmed that did not intend riding there and that he was predominately a Northern and CD rider.
Facts:
Following the running of Race 5, the New Zealand Bloodstock Royal Stakes, Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Neal, alleged that “C Grylls allowed (SAAVOYA) to shift in at the 300 metres when not clear of DE KENSINGTON OVAL (J Riddell) which clipped a heel and fell, EZRA (L Satherley) was unable to avoid the fallen runner and also fell, hampered as a result was DARCI’S DREAM (M Cameron)”.
Mr Grylls acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. In response to a query from the Judicial Committee (the 'Committee’) Mr Grylls advised that he wished to have the charge dealt with on raceday and he appreciated the consequences of this decision.
Rule 638(1) (d) provides: “A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless”.
Stipendiary Steward, Mr Oatham identified the incident using available video footage. This included four views comprising of head-on, side-on, rear and top tower. He demonstrated that entering the final straight SAAVOYA was racing in a 6-wide position. On the inside of SAAVOYA was DE KENSINGTON OVAL (J Riddell) and to the inside of that runner was EZRA (L Satherley). He identified Mr Grylls allowing his mount to shift inwards approximately 2 horse widths whilst continuing to ride forward. In doing so he was less than a length clear of DE KENSINGTON OVAL which clipped SAAVOYA’S heel, blundered and fell. EZRA was unable to avoid the fallen runner and also fell.
Mr Oatham advised the Committee that DARCI’S DREAM was severely hampered and almost dislodged rider M Cameron. He also noted that PALACE ROCK was hampered and had its chances of finishing in a better position extinguished.
Mr Oatham advised the Committee that SAAVOYA went on to win the race.
In response to a question from the Committee, Mr Neal stated that the shift inward was not abrupt and he described the level of carelessness in the mid-range. He added the overall consequences of the breach, as identified by Mr Oatham were significant.
Mr Grylls advised the Committee that it was obvious he caused the fall but said his decision to shift inward was determined by the horse ATTENTION SEEKER running wide on the turn causing him to angle his horse back to the inside for a clear run. He acknowledged that he was a fraction too late to rectify the situation. He pointed out that his mount was laying in for a couple of strides.
Submissions for Penalty:
Mr Neal produced Mr Grylls riding record which showed 1 previous breach under this Rule in the last 12 months. He submitted Mr Grylls overall riding record was excellent.
Mr Neal submitted that in the Stewards view the consistent starting point for careless riding involving a fall is not less than 4 weeks. He said that an aggravating factor was the status of the race (Group 2) which should result in penalty uplift. He said that because Mr Grylls won the race it would be appropriate that he also be fined at least 50% of his winning commission in addition to any proposed suspension. He added that the Committee may wish to take account Mr Grylls good record and admission of the breach.
Mr Grylls advised the Committee he had confirmed riding commitments at Thames on 3 January 2015, and therefore sought a deferment to any proposed suspension until after racing on 3 January 2015.
Mr Grylls confirmed that he rode only in the North Island.
Mr Grylls submitted that in his view he was a little bit unlucky in shifting inwards and he reacted too late to straighten his mount. He said that he has had a lot of rides and recently has been getting a full book at most race meetings. He submitted the degree of carelessness was not high, but conceded the outcome was severe. He advised the Committee that if he was to miss 15 or more meetings there would be a financial impact. Further he opposed the Stewards submission that he pay a fine commensurate with 50% of his winning percentage. In this regard he advised the Committee that riding fees were $125 + gst per mount and his winning percentage was set at 5%.
Mr Grylls submitted that any suspension should be a bit less than 4 weeks.
Reasons for Penalty:
In assessing penalty the Committee has taken into account the overall circumstances of the breach itself as well as the particular circumstances relating to Mr Grylls. The Committee also considered penalties handed out for similar breaches and are mindful of the fact that breaches of similar culpability should, as a general rule attract broadly similar penalties. In careless riding cases that have resulted result in a fall, the JCA Penalty Guidelines do not provide a starting point, but it is noted that the general starting point for careless riding is set at 5 days.
The Committee has considered and given due weight to a limited number of careless riding penalty decisions which have involved race falls. In this regard we have benchmarked our decision against two particular cases which we believe provide a useful stating point, but noting that each case has some points of difference. The cases concerned are RIU v C (30.08.14), 16 days suspension and RIU v J (12.02.14), 12 days suspension reduced to 8 on appeal. The main differences are that this case involved four horses, two fallen and two severely hampered.
The Committee has also factored into our decision the requirements of R 920 (2), which provides that:
(2) On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
The Committee gives Mr Grylls credit for his admission of the breach and his excellent riding record.
The Committee has assessed the level of carelessness at mid-range. This is based on the fact that Mr Grylls allowed his mount to shift inward at least 2 horse widths before corrective action and also because when shifting in he was less that a length clear and continued to ride forward. The impact of the carelessness was catastrophic resulting in four horses being affected; two fell, one almost dislodged its rider and the other was severely hampered.
We have noted the status of the race (Group 2), and the $100,000 stake. $60,000 payable to the winner.
The Committee has also had due regard for the fact that any proposed suspension would inevitably include the Wellington Racing Club premier meetings as well as the ARC Karaka ($1 Million).
After taking into account all the above factors we consider an appropriate penalty should include a combination of suspension and fine.
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: 014d90df778d173b73944f22f9238a65
informantnumber: A3332
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 29/12/2014
hearing_title: Auckland RC 01 January 2015 - R 7
charge:
facts:
Following the running of Race 5, the New Zealand Bloodstock Royal Stakes, Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Neal, alleged that “C Grylls allowed (SAAVOYA) to shift in at the 300 metres when not clear of DE KENSINGTON OVAL (J Riddell) which clipped a heel and fell, EZRA (L Satherley) was unable to avoid the fallen runner and also fell, hampered as a result was DARCI’S DREAM (M Cameron)”.
Mr Grylls acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. In response to a query from the Judicial Committee (the 'Committee’) Mr Grylls advised that he wished to have the charge dealt with on raceday and he appreciated the consequences of this decision.
Rule 638(1) (d) provides: “A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless”.
Stipendiary Steward, Mr Oatham identified the incident using available video footage. This included four views comprising of head-on, side-on, rear and top tower. He demonstrated that entering the final straight SAAVOYA was racing in a 6-wide position. On the inside of SAAVOYA was DE KENSINGTON OVAL (J Riddell) and to the inside of that runner was EZRA (L Satherley). He identified Mr Grylls allowing his mount to shift inwards approximately 2 horse widths whilst continuing to ride forward. In doing so he was less than a length clear of DE KENSINGTON OVAL which clipped SAAVOYA’S heel, blundered and fell. EZRA was unable to avoid the fallen runner and also fell.
Mr Oatham advised the Committee that DARCI’S DREAM was severely hampered and almost dislodged rider M Cameron. He also noted that PALACE ROCK was hampered and had its chances of finishing in a better position extinguished.
Mr Oatham advised the Committee that SAAVOYA went on to win the race.
In response to a question from the Committee, Mr Neal stated that the shift inward was not abrupt and he described the level of carelessness in the mid-range. He added the overall consequences of the breach, as identified by Mr Oatham were significant.
Mr Grylls advised the Committee that it was obvious he caused the fall but said his decision to shift inward was determined by the horse ATTENTION SEEKER running wide on the turn causing him to angle his horse back to the inside for a clear run. He acknowledged that he was a fraction too late to rectify the situation. He pointed out that his mount was laying in for a couple of strides.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Grylls admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Neal produced Mr Grylls riding record which showed 1 previous breach under this Rule in the last 12 months. He submitted Mr Grylls overall riding record was excellent.
Mr Neal submitted that in the Stewards view the consistent starting point for careless riding involving a fall is not less than 4 weeks. He said that an aggravating factor was the status of the race (Group 2) which should result in penalty uplift. He said that because Mr Grylls won the race it would be appropriate that he also be fined at least 50% of his winning commission in addition to any proposed suspension. He added that the Committee may wish to take account Mr Grylls good record and admission of the breach.
Mr Grylls advised the Committee he had confirmed riding commitments at Thames on 3 January 2015, and therefore sought a deferment to any proposed suspension until after racing on 3 January 2015.
Mr Grylls confirmed that he rode only in the North Island.
Mr Grylls submitted that in his view he was a little bit unlucky in shifting inwards and he reacted too late to straighten his mount. He said that he has had a lot of rides and recently has been getting a full book at most race meetings. He submitted the degree of carelessness was not high, but conceded the outcome was severe. He advised the Committee that if he was to miss 15 or more meetings there would be a financial impact. Further he opposed the Stewards submission that he pay a fine commensurate with 50% of his winning percentage. In this regard he advised the Committee that riding fees were $125 + gst per mount and his winning percentage was set at 5%.
Mr Grylls submitted that any suspension should be a bit less than 4 weeks.
reasonsforpenalty:
In assessing penalty the Committee has taken into account the overall circumstances of the breach itself as well as the particular circumstances relating to Mr Grylls. The Committee also considered penalties handed out for similar breaches and are mindful of the fact that breaches of similar culpability should, as a general rule attract broadly similar penalties. In careless riding cases that have resulted result in a fall, the JCA Penalty Guidelines do not provide a starting point, but it is noted that the general starting point for careless riding is set at 5 days.
The Committee has considered and given due weight to a limited number of careless riding penalty decisions which have involved race falls. In this regard we have benchmarked our decision against two particular cases which we believe provide a useful stating point, but noting that each case has some points of difference. The cases concerned are RIU v C (30.08.14), 16 days suspension and RIU v J (12.02.14), 12 days suspension reduced to 8 on appeal. The main differences are that this case involved four horses, two fallen and two severely hampered.
The Committee has also factored into our decision the requirements of R 920 (2), which provides that:
(2) On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
The Committee gives Mr Grylls credit for his admission of the breach and his excellent riding record.
The Committee has assessed the level of carelessness at mid-range. This is based on the fact that Mr Grylls allowed his mount to shift inward at least 2 horse widths before corrective action and also because when shifting in he was less that a length clear and continued to ride forward. The impact of the carelessness was catastrophic resulting in four horses being affected; two fell, one almost dislodged its rider and the other was severely hampered.
We have noted the status of the race (Group 2), and the $100,000 stake. $60,000 payable to the winner.
The Committee has also had due regard for the fact that any proposed suspension would inevitably include the Wellington Racing Club premier meetings as well as the ARC Karaka ($1 Million).
After taking into account all the above factors we consider an appropriate penalty should include a combination of suspension and fine.
penalty:
We grant Mr Grylls request to seek a deferment as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Grylls which will commence after racing on 3 January 2015 and conclude after racing on 31 January 2015 (18 days) and in addition we impose a $1000 fine.
The penalty did not include any South Island meetings as Mr Grylls confirmed that did not intend riding there and that he was predominately a Northern and CD rider.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr R Neal - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr C Grylls - Senior Rider
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 00793626a661996ffc52e2d9c4851cb1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f8fed86e95cb77d8adf1fe4294d2940e
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/01/2015
meet_title: Auckland RC - 1 January 2015
meet_expappcomment:
meet_km:
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tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: ADooley
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name: Auckland RC