Archive Decision

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Auckland RC 1 December 2012 – R 10

ID: JCA16057

Applicant:
Mr J Oatham Stipendiary Steward

Respondent(s):
Mr J Waddell rider of XALTED

Information Number:
4871

Hearing Type:
Hearing

Rules:
638 (1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 1 December 2012

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2012/12/01

Race Number:
R10

Decision:

As the breach was admitted we find the charge proved.

Penalty:

From the standard starting point of 5 days and having particular regard to the mitigating factors above, the committee discounts this penalty to one of a 4 day suspension.

Accordingly we order a suspension of Mr Waddell's license from after racing on 8 December and concluding after racing on 14 December 2012 (4 days).

Charge:

Careless Riding

Facts:

Following race 10 an information was filed pursuant to rule 638 (1) (d).  Mr Oatham alleged that Mr J Waddell, rider of XALTED, permitted his mount to shift outwards when not sufficiently clear of SAVED BY THE BELL which was checked near the 500 metres.

Submissions for Decision:

Mr Oatham demonstrated the video films which showed XALTED racing in the trail passing the 600 metres.  At this point Mr Waddell (XALTED) looked to come out for clear space so he angled his mount out which the films verified through XALTED'S head being turned sideways.  Mr Oatham submitted that Mr Waddell was approximately 3/4 length clear of SAVED BY THE BELL (M Sweeney) when he moved into its line. He said that Mr Sweeney had to check quite sharply but conceded SAVED BY THE BELL did overreact which makes the check appear more severe than necessary.  

Mr Waddell, in admitting the breach, said he was disappointed in himself by putting Mr Sweeney in the position he did.  He did say that rider, Mr Dell,  who was on his outside was tending to lay in but conceded he himself made an error by coming off the fence and he was to blame for the check to Mr Sweeney.

Submissions for Penalty:

Mr Oatham stated that Mr Waddell had only incurred 1 suspension in the last 12 months which was a very good record.  He said Mr Waddell had admitted the breach and had been very cooperative with the stewards.  Mr Oatham submitted that, while the check was midrange, he said, because of the over reaction by SAVED BY THE BELL, he believed the penalty should be at the low end of the scale.

When Mr Waddell was asked what commitments he needed to fulfil in the next 7 days he said he had engagements up to and including 8 December.  He added that he rode extensively throughout the country but admitted that he was not going to the Winton meeting on 10 December.

Reasons for Penalty:

The committee carefully considered all submissions and evidence.  In Mr Waddell's favour are his very good record, his admission of the breach and the over reaction to the interference of SAVED BY THE BELL.  However he was obviously not the required distance clear when he angled out resulting in the check to SAVED BY THE BELL.  The committee independently assesses this breach to be at the low end.  They also commended Mr Waddell on his cooperation with the stewards and his honesty regarding his future riding engagements and their locations.

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: b55ea4ed294b00eb94601af5b56cf927


informantnumber: 4871


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/11/2012


hearing_title: Auckland RC 1 December 2012 - R 10


charge:

Careless Riding


facts:

Following race 10 an information was filed pursuant to rule 638 (1) (d).  Mr Oatham alleged that Mr J Waddell, rider of XALTED, permitted his mount to shift outwards when not sufficiently clear of SAVED BY THE BELL which was checked near the 500 metres.


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham demonstrated the video films which showed XALTED racing in the trail passing the 600 metres.  At this point Mr Waddell (XALTED) looked to come out for clear space so he angled his mount out which the films verified through XALTED'S head being turned sideways.  Mr Oatham submitted that Mr Waddell was approximately 3/4 length clear of SAVED BY THE BELL (M Sweeney) when he moved into its line. He said that Mr Sweeney had to check quite sharply but conceded SAVED BY THE BELL did overreact which makes the check appear more severe than necessary.  

Mr Waddell, in admitting the breach, said he was disappointed in himself by putting Mr Sweeney in the position he did.  He did say that rider, Mr Dell,  who was on his outside was tending to lay in but conceded he himself made an error by coming off the fence and he was to blame for the check to Mr Sweeney.


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham stated that Mr Waddell had only incurred 1 suspension in the last 12 months which was a very good record.  He said Mr Waddell had admitted the breach and had been very cooperative with the stewards.  Mr Oatham submitted that, while the check was midrange, he said, because of the over reaction by SAVED BY THE BELL, he believed the penalty should be at the low end of the scale.

When Mr Waddell was asked what commitments he needed to fulfil in the next 7 days he said he had engagements up to and including 8 December.  He added that he rode extensively throughout the country but admitted that he was not going to the Winton meeting on 10 December.


reasonsforpenalty:

The committee carefully considered all submissions and evidence.  In Mr Waddell's favour are his very good record, his admission of the breach and the over reaction to the interference of SAVED BY THE BELL.  However he was obviously not the required distance clear when he angled out resulting in the check to SAVED BY THE BELL.  The committee independently assesses this breach to be at the low end.  They also commended Mr Waddell on his cooperation with the stewards and his honesty regarding his future riding engagements and their locations.


penalty:

From the standard starting point of 5 days and having particular regard to the mitigating factors above, the committee discounts this penalty to one of a 4 day suspension.

Accordingly we order a suspension of Mr Waddell's license from after racing on 8 December and concluding after racing on 14 December 2012 (4 days).


hearing_type: Hearing


Rules: 638 (1) (d)


Informant: Mr J Oatham Stipendiary Steward


JockeysandTrainer: Mr J Waddell rider of XALTED


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 518d1581dcdbd930d14389c83afee6ab


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0e1ac347e067fc6250055e50c7b37248


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/12/2012


meet_title: Auckland RC - 1 December 2012


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "310", "Total": "192.2", "kmprice": 192.19999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC