Archive Decision

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Auckland RC 1 January 2019 – R 6 – Chair, Mr G Jones

ID: JCA12782

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Miss T Newman - Apprentice Jockey

Other Person:
Mr W Hillis - Trainer assisting Miss Newman, Mr A Coles - Stipendiary Steward

Information Number:
A12114

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 1 January 2019

Meet Chair:
GJones

Meet Committee Member 1:
ADooley

Race Date:
2019/01/01

Race Number:
R6

Decision:

Miss Newman has admitted the breach and it is therefore proved.

Penalty:

We grant Miss Newman a deferment of suspension pursuant to Rule 1106(2).

Accordingly, we impose a suspension on Miss Newman which will commence after racing on 3 January 2019 and conclude after racing on 13 January 2019 (7 National days).

Facts:

This charge arises from the running of race 6, the Dunstan Feeds Stayers Championship Final, with stake money of $100,000. Chief Stipendiary Steward, Mr J Oatham filed an Information pursuant to Rule 638(1)(d) alleging apprentice rider, Miss T Newman (AIGNE) permitted her mount to shift out near the 250 metres when insufficiently clear of EL FERNANDO which was hampered.

Miss Newman acknowledged that she understood the nature of the charge and the Rule. She also confirmed that she did admit the breach. She was assisted at the hearing by trainer Mr W Hillis.

Rule 638(1) (d) provides that:
A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Stipendiary Steward, Mr Coles identified the alleged incident using available video footage. He identified Miss Newman’s mount (AIGNE) racing in the lead 2 horse widths off the rail as the field entered the home straight. Near the 250 metre mark AIGNE commenced to roll outward. Miss Newman continued to ride forward with using her whip until she was 8-wide. Mr Coles said EL FERNANDO (J Riddell) was inconvenienced and hampered as a direct result. Mr Riddell had to check his mount when he became awkwardly placed on the heels of AIGNE.

Mr Coles added Miss Newman continued to ride her mount out without taking corrective action and at all times she was barely 1 length clear.

In response Miss Newman and Mr Hillis said they accepted the Steward’s interpretation of the breach and had nothing further to add. 

Submissions for Penalty:

Mr Oatham said Miss Newman has had 143 career race rides. This is her first breach of the careless riding rule and her record is therefore excellent. He said that although Miss Newman’s standard of care was relatively high the resultant inference to the affected runners was relatively low, therefore placing her level of carelessness in the mid-range.

Mr Oatham submitted the Committee may take into account Miss Newman’s record and her admission of the breach.

In response Miss Newman advised she has been riding for 2 years and asked the Committee to consider her good record and admission of the breach. She also sought a deferment until after racing at Te Aroha on 3 January 2019. 

Reasons for Penalty:

In assessing penalty the Committee has taken into account the overall circumstances of the breach as well as submissions from both the Stewards and Miss Newman.

On reviewing the video film the Committee observed that nearing the 400 metre mark Miss Newman was racing 2-horse widths off the rails in the lead. She was riding forward using her whip. Initially she shifted out 3-horse widths without causing any interference to any other runners. She continued to ride her mount out using her whip and continued to shift outward. AIGNE eventually drifted out into the rightful running line of EL FERNANDO near the 250 metres who was forced over extra ground, checked and hampered.
We assessed the overall outward shift to be in the vicinity of 6-horse widths.

The Penalty Guide for Judicial Committees recommends suspension starting points for low, mid, and high carelessness is 6, 8, and 10 to be National riding days respectively.

We determined Miss Newman’s level of carelessness to be mid-range and on that basis adopted an 8 day suspension starting point. In mitigation we afforded Miss Newman a 1 day penalty reduction for her admission and her excellent record. In other circumstances we may have given an additional reduction for her record, but taking into account this breach occurred in a race carrying a stake of $100,000 and in assessing the consequences to the horse interfered with we did not afford her any further discount. Nor did we deem it necessary to apply any further uplift in terms of the stake payable. After taking into account all the above factors we consider an appropriate penalty is 7 day suspension. 

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: 5817f1c4e12f85ec8004742010312dc8


informantnumber: A12114


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 02/01/2019


hearing_title: Auckland RC 1 January 2019 - R 6 – Chair, Mr G Jones


charge:


facts:

This charge arises from the running of race 6, the Dunstan Feeds Stayers Championship Final, with stake money of $100,000. Chief Stipendiary Steward, Mr J Oatham filed an Information pursuant to Rule 638(1)(d) alleging apprentice rider, Miss T Newman (AIGNE) permitted her mount to shift out near the 250 metres when insufficiently clear of EL FERNANDO which was hampered.

Miss Newman acknowledged that she understood the nature of the charge and the Rule. She also confirmed that she did admit the breach. She was assisted at the hearing by trainer Mr W Hillis.

Rule 638(1) (d) provides that:
A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Stipendiary Steward, Mr Coles identified the alleged incident using available video footage. He identified Miss Newman’s mount (AIGNE) racing in the lead 2 horse widths off the rail as the field entered the home straight. Near the 250 metre mark AIGNE commenced to roll outward. Miss Newman continued to ride forward with using her whip until she was 8-wide. Mr Coles said EL FERNANDO (J Riddell) was inconvenienced and hampered as a direct result. Mr Riddell had to check his mount when he became awkwardly placed on the heels of AIGNE.

Mr Coles added Miss Newman continued to ride her mount out without taking corrective action and at all times she was barely 1 length clear.

In response Miss Newman and Mr Hillis said they accepted the Steward’s interpretation of the breach and had nothing further to add. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Miss Newman has admitted the breach and it is therefore proved.


sumissionsforpenalty:

Mr Oatham said Miss Newman has had 143 career race rides. This is her first breach of the careless riding rule and her record is therefore excellent. He said that although Miss Newman’s standard of care was relatively high the resultant inference to the affected runners was relatively low, therefore placing her level of carelessness in the mid-range.

Mr Oatham submitted the Committee may take into account Miss Newman’s record and her admission of the breach.

In response Miss Newman advised she has been riding for 2 years and asked the Committee to consider her good record and admission of the breach. She also sought a deferment until after racing at Te Aroha on 3 January 2019. 


reasonsforpenalty:

In assessing penalty the Committee has taken into account the overall circumstances of the breach as well as submissions from both the Stewards and Miss Newman.

On reviewing the video film the Committee observed that nearing the 400 metre mark Miss Newman was racing 2-horse widths off the rails in the lead. She was riding forward using her whip. Initially she shifted out 3-horse widths without causing any interference to any other runners. She continued to ride her mount out using her whip and continued to shift outward. AIGNE eventually drifted out into the rightful running line of EL FERNANDO near the 250 metres who was forced over extra ground, checked and hampered.
We assessed the overall outward shift to be in the vicinity of 6-horse widths.

The Penalty Guide for Judicial Committees recommends suspension starting points for low, mid, and high carelessness is 6, 8, and 10 to be National riding days respectively.

We determined Miss Newman’s level of carelessness to be mid-range and on that basis adopted an 8 day suspension starting point. In mitigation we afforded Miss Newman a 1 day penalty reduction for her admission and her excellent record. In other circumstances we may have given an additional reduction for her record, but taking into account this breach occurred in a race carrying a stake of $100,000 and in assessing the consequences to the horse interfered with we did not afford her any further discount. Nor did we deem it necessary to apply any further uplift in terms of the stake payable. After taking into account all the above factors we consider an appropriate penalty is 7 day suspension. 


penalty:

We grant Miss Newman a deferment of suspension pursuant to Rule 1106(2).

Accordingly, we impose a suspension on Miss Newman which will commence after racing on 3 January 2019 and conclude after racing on 13 January 2019 (7 National days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Miss T Newman - Apprentice Jockey


Otherperson: Mr W Hillis - Trainer assisting Miss Newman, Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f95dfc98d829730fa6cca20ac13e7dcb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 39908b97aac049129691cb0d123aef26


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/01/2019


meet_title: Auckland RC - 1 January 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC