Auckland RC 1 January 2014 – R 8
ID: JCA14244
Code:
Thoroughbred
Meet Title:
Auckland RC - 1 January 2014
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2014/01/01
Race Number:
R8
Decision:
As Mr Dee admitted the breach we find the charge proved.
Penalty:
We grant Mr Dee request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Dee which will commence after racing on 5 January and conclude after racing on 16 January 2014 (9 days).
This penalty encompasses all race meetings throughout the country.
Facts:
Following the running of Race 8, Sistema Railway Stakes Group 1, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Oatham, alleged that shortly after leaving the barriers Mr Dee permitted his mount SHEZHARDTOCATCH to shift in when not clear of FLEUR DE LUNE which in turn shifted in forcing DURHAM TOWN inwards into the line of WATERFORD which was checked.
Mr Dee acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr P Shailer assisted Mr Dee during the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Neal identified on the head on film that approximately 100 metres after the start Mr Dee angled his mount SHEZHARDTOCATCH inwards from (barrier 10). In doing so he was not the required distance clear of FLEUR DE LUNE (barrier 9). This resulted in FLEUR DE LUNE shifting in forcing DURHAM TOWN (barrier 8) inwards into the rightful running line of WATERFORD (barrier 7) which in turn hampered EIGHT SCHILLINGS (barrier 6).
Mr Neal noted that WATERFORD lost approximately 2 to 3 lengths as a result of Mr Dee’s carelessness when she ran out of racing room with the horses to her outside shifting inwards.
Mr Dee told the Committee he accepted Mr Neal’s interpretation of the incident and had nothing further to add.
Mr Shailer said it was clear the interference occurred and also accepted Mr Neal’s interpretation of the incident was correct.
Submissions for Penalty:
Mr Oatham produced Mr Dee record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being on the 8th of March 2013 which attracted a 5 day penalty. He said Mr Dee had a good record and he rode extensively in the North Island. He submitted the aggravating facts are the Group 1 status of the race carrying a stake of $200,000. He described the interference as significant with a number of horses being affected, notably WATERFORD. Mr Oatham assessed the carelessness and resulting interference was in the mid – high range and submitted 2 weeks suspension as an appropriate penalty.
The Committee granted Mr Dee a brief adjournment to contact his manager to establish his riding commitments over the next 7 days.
Mr Dee advised that he had upcoming commitments at Otaki on January 5, and sought a deferment to any proposed suspension. Mr Dee added that his manager informed him that his employer Mr Myers was intending to engage him for horses at Reefton on January 8 and Hokitika on January 15.
Mr Oatham and Mr Neal had no objection to the Committee including those dates in any proposed suspension.
Mr Shailer submitted Mr Dee is a young apprentice rider going places and a suspension of 2 weeks will hinder his progress especially at this time of the year. Mr Shailer asked the Committee to consider a combination of a fine and a suspension because a suspension was going to be a costly penalty.
Mr Oatham objected to a monetary penalty being imposed believing it was not appropriate due to the circumstances of this breach.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr Dee’s admission of the breach and his good record in relation to this Rule.
Rule 920(2) allows Judicial Committees, when fixing penalties, to have regard to the status of the Race; the stake payable in respect of the Race; any consequential effects upon any person or horse as a result of the breach of the Rule; and/or the need to maintain integrity and public confidence in racing.
Aggravating factors for Mr Dee include the fact that this was a Group 1 race with a stake of $200,000. We view the consequences of the interference as a significant aggravating factor and assess it in the high range. The Committee particularly noted that WATERFORD, one of the leading contenders for the race, appeared to have been worse affected when badly checked costing her approximately 2 ½ lengths. We note WATERFORD finished the race off very strongly into second place and was beaten by a long neck.
The impact of the interference on DURHAM TOWN, FLEUR DE LUNE, and EIGHT SCHILLINGS was also noteworthy with all 3 receiving varying degrees of interference as a result of Mr Dee’s carelessness. The connections and betting public who had invested on the named horses were disadvantaged by Mr Dee’s actions. We are of the view there were no contributing factors to the incident.
The Committee also considered penalties imposed for similar breaches in Group 1 races and were mindful of the fact that breaches of similar culpability should, as a general rule attract broadly similar penalties.
We accept that Mr Dee’s has ridden in the South Island and had intentions of riding horses for his employer Mr Myers at Reefton and Hokitika.
The Committee did have regard for the fact Mr Dee is a busy apprentice rider.
After taking into account all the above we determined this charge be best dealt with by way of a suspension. Finally, we are satisfied the aggravating factors mentioned warrant a substantial penalty.
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: 6b71a795e8c8d89ca4290200cfc575c9
informantnumber: A2942
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2014
hearing_title: Auckland RC 1 January 2014 - R 8
charge:
facts:
Following the running of Race 8, Sistema Railway Stakes Group 1, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Oatham, alleged that shortly after leaving the barriers Mr Dee permitted his mount SHEZHARDTOCATCH to shift in when not clear of FLEUR DE LUNE which in turn shifted in forcing DURHAM TOWN inwards into the line of WATERFORD which was checked.
Mr Dee acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr P Shailer assisted Mr Dee during the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Neal identified on the head on film that approximately 100 metres after the start Mr Dee angled his mount SHEZHARDTOCATCH inwards from (barrier 10). In doing so he was not the required distance clear of FLEUR DE LUNE (barrier 9). This resulted in FLEUR DE LUNE shifting in forcing DURHAM TOWN (barrier 8) inwards into the rightful running line of WATERFORD (barrier 7) which in turn hampered EIGHT SCHILLINGS (barrier 6).
Mr Neal noted that WATERFORD lost approximately 2 to 3 lengths as a result of Mr Dee’s carelessness when she ran out of racing room with the horses to her outside shifting inwards.
Mr Dee told the Committee he accepted Mr Neal’s interpretation of the incident and had nothing further to add.
Mr Shailer said it was clear the interference occurred and also accepted Mr Neal’s interpretation of the incident was correct.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dee admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Dee record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being on the 8th of March 2013 which attracted a 5 day penalty. He said Mr Dee had a good record and he rode extensively in the North Island. He submitted the aggravating facts are the Group 1 status of the race carrying a stake of $200,000. He described the interference as significant with a number of horses being affected, notably WATERFORD. Mr Oatham assessed the carelessness and resulting interference was in the mid – high range and submitted 2 weeks suspension as an appropriate penalty.
The Committee granted Mr Dee a brief adjournment to contact his manager to establish his riding commitments over the next 7 days.
Mr Dee advised that he had upcoming commitments at Otaki on January 5, and sought a deferment to any proposed suspension. Mr Dee added that his manager informed him that his employer Mr Myers was intending to engage him for horses at Reefton on January 8 and Hokitika on January 15.
Mr Oatham and Mr Neal had no objection to the Committee including those dates in any proposed suspension.
Mr Shailer submitted Mr Dee is a young apprentice rider going places and a suspension of 2 weeks will hinder his progress especially at this time of the year. Mr Shailer asked the Committee to consider a combination of a fine and a suspension because a suspension was going to be a costly penalty.
Mr Oatham objected to a monetary penalty being imposed believing it was not appropriate due to the circumstances of this breach.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr Dee’s admission of the breach and his good record in relation to this Rule.
Rule 920(2) allows Judicial Committees, when fixing penalties, to have regard to the status of the Race; the stake payable in respect of the Race; any consequential effects upon any person or horse as a result of the breach of the Rule; and/or the need to maintain integrity and public confidence in racing.
Aggravating factors for Mr Dee include the fact that this was a Group 1 race with a stake of $200,000. We view the consequences of the interference as a significant aggravating factor and assess it in the high range. The Committee particularly noted that WATERFORD, one of the leading contenders for the race, appeared to have been worse affected when badly checked costing her approximately 2 ½ lengths. We note WATERFORD finished the race off very strongly into second place and was beaten by a long neck.
The impact of the interference on DURHAM TOWN, FLEUR DE LUNE, and EIGHT SCHILLINGS was also noteworthy with all 3 receiving varying degrees of interference as a result of Mr Dee’s carelessness. The connections and betting public who had invested on the named horses were disadvantaged by Mr Dee’s actions. We are of the view there were no contributing factors to the incident.
The Committee also considered penalties imposed for similar breaches in Group 1 races and were mindful of the fact that breaches of similar culpability should, as a general rule attract broadly similar penalties.
We accept that Mr Dee’s has ridden in the South Island and had intentions of riding horses for his employer Mr Myers at Reefton and Hokitika.
The Committee did have regard for the fact Mr Dee is a busy apprentice rider.
After taking into account all the above we determined this charge be best dealt with by way of a suspension. Finally, we are satisfied the aggravating factors mentioned warrant a substantial penalty.
penalty:
We grant Mr Dee request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Dee which will commence after racing on 5 January and conclude after racing on 16 January 2014 (9 days).
This penalty encompasses all race meetings throughout the country.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr M Dee - Apprentice Rider of SHEZHARDTOCATCH
Otherperson: Mr P Shailer - Trainer assissting Mr Dee, Mr R Neal - Co-Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 34be9327b7dac4ea06f10d362d962a91
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cf8f8cab0bc5b94fac59d0f90504698a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/01/2014
meet_title: Auckland RC - 1 January 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland RC