Auckland RC 1 March 2014 – R 4 (Adjourned – heard 5 March 2014)

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hearing_racingtype: thoroughbred-racing

startdate: 01/03/2014

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hearing_title: Auckland RC 1 March 2014 - R 4 (Adjourned - heard 5 March 2014)

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: R Neal – Co-Chief Stipendiary Steward

Respondent: R Hutchings – Class B Apprentice Jockey

Information No: A3219

Meeting: Auckland Racing Club

Date: 1 March 2014 (heard 5 March 2014)

Venue: Ellerslie Racecourse, Auckland

Rule No: 638(1)(d)

Race: 4

Judicial Committee: N McCutcheon, Chair – A Dooley, Committee Member

Plea: Not Admitted

Persons Present: J Oatham, Senior Stipendiary Steward, G Rogerson, Trainer assisting R Hutchings, C Grylls (rider of CURTAIN CALL), V Colgan (rider of ALL THE WAY), L Innes (rider of OOEE), M Walker (rider of PACO KID)

Date of Decision: 6 March 2014

Evidence:

Following the running of Race 4 Barfoot & Thompson 2100 an information pursuant to Rule 638(1)(d) was filed with the judicial committee. The information stated that Mr Hutchings permitted his mount “JIMMY HOFFA” to shift inwards near the 1800m when not sufficiently clear causing tightening to “CURTAIN CALL”, “ALL THE WAY” and “PACO KID” with ALL THE WAY being checked.

Rule 638(1)(d) reads:

A rider shall not ride a horse in a manner which the judicial committee considers to be careless.

Mr Hutchings and Mr Rogerson acknowledged that they understood the rule and the charge and that the alleged breach was not admitted.

Mr Oatham showed all available films and identified the runners as being PACO KID racing adjacent to the running rail, ALL THE WAY being two-wide, CURTAIN CALL being 3-wide and JIMMY HOFFA being 4-wide. He said that in the approach to the bend Mr Hutchings allowed his mount “JIMMY HOFFA” to gradually shift in when not sufficiently clear. He said that there was not sufficient room for three horses inside him and that ALL THE WAY was severely checked. He said that Mr Hutchings went to a position of 3 to 3.5 horse widths wide and that he needed to be 4-wide. He said that Mr Hutchings' mount was approximately three quarters of a length clear when he shifted.

He added that “ITSFORFREE” (T Thornton) who was racing outside Mr Hutchings' mount did not pressure or dictate the line of JIMMY HOFFA.

Mr Neal in response to a question from the committee said that the other riders were not available at this time and that he did not intend to call them as witnesses as the film evidence was compelling.

Mr Rogerson then took the committee through the various films and said that ALL THE WAY (V Colgan) was checking out of its position long before the incident. He said that ALL THE WAY had clearly over-raced. He said that the reason JIMMY HOFFA had shifted was because ITSFORFREE who was to the outside and half a length behind JIMMY HOFFA had rushed at him. He said that Mr Hutchings did not attempt to shift in and had tried to keep his mount out. He said that the back-on (rear) film showed that it was the horses racing inside Mr Hutchings that had created the interference. He added that the interference had happened before Mr Hutchings had shifted and said that JIMMY HOFFA was an arrogant horse and that this had not helped Mr Hutchings.

Mr Hutchings for his part said that the tempo of the race had eased before the incident and that PACO KID, racing adjacent to the rail, had tried to run off the rail and that ALL THE WAY was being checked before the incident.

At this stage of the hearing the committee informed the co-Chief Stipendiary Steward that they wished to hear from Mr Grylls and Mr Colgan. As neither rider had arrived on course at this time the hearing was adjourned at 12.00 noon after commencing at 11.35am.

The hearing was reconvened at 2.00pm.

Mr Grylls said that a number of horses had improved forward of him, and that the pace had eased. Mr Neal asked him if he had been dictated to, to which he replied yes, he said he was moved to 2-off (the fence). He added that he got pressure, but that contact had not been made.

Mr Rogerson, in cross examination, put it to Mr Grylls that Mr Colgan was pulling out before it happened (tightening). Mr Grylls agreed and said that his horse was keen on the bridle and got its head in before Mr Hutchings shifted. After a further question from Mr Rogerson, Mr Grylls said that the buffeting by horses on his inside had made his horse keen.

In answer to a question from the chair for clarification, Mr Grylls said that he did receive pressure from his outside, and that he had moved in one horse width.

Mr Rogerson then asked Mr Grylls if Mr Hutchings was trying to relieve the pressure, Mr Grylls said yes, by turning his horse out.

Mr Colgan (ALL THE WAY) said that he got pressure from his outside and that his horse did not respond well. He said that Mr Grylls was on his outside and that he was denied racing room. In answer to questioning from Mr Rogerson Mr Colgan said that Mr Walker (PACO KID) did come off the fence, but that there was more pressure from his outside. He added that the pace had slackened and that a few riders had got into trouble. He said that he could see Mr Grylls come in a shade and that the inside horse (PACO KID) had shifted marginally.

Mr Walker (PACO KID) was called by Mr Rogerson and he said that his horse hangs in going left handed and hangs out going right handed. He said that his horse was hanging out and racing ungenerously and that it contributed to the tightening. He added that the tempo had eased. Mr Neal put it to Mr Walker that he was trailing the leader on the fence prior to the incident. Mr Walker said that he was, but that his horse was hanging out badly and said that he came out to one-off the fence and gave Mr Colgan’s mount a decent bump.

Mr Hutchings asked Mr Walker if Mr Colgan had had enough room to hold his position. Mr Walker replied yes.

Mr Rogerson then called Mr Innes the rider of OOEE as a witness. Mr Innes said that he saw crowding, that the pace was very slow, that it was a chain reaction and that not any one rider was to blame. Mr Neal put it to Mr Innes that he (Mr Innes) would be concerned with riding his own horse, more than anything else and that his view of what happened was only an opinion. Mr Innes agreed.

As no further witnesses were to be called, Mr Neal, Mr Rogerson and Mr Hutchings were invited to sum up.

Mr Neal said that there were six points he wished to cover.

1. The films clearly showed that Mr Hutchings had shifted in.

2. Mr Grylls was compelled to shift in.

3. Due to pressure from his outside.

4. Mr Innes’ opinion had very little to offer – made reference to pace slackening.

5. The evidence was clear that there was pressure from Mr Hutchings onto Mr Grylls onto Mr Colgan and that Mr Hutchings had gone from 3-wide to 2-wide.

6. Mr Walker’s mount had a tendency to hang out and that Mr Walker was in some difficulty, but that he was in his correct line of running when the tightening occurred.

Mr Rogerson said that Mr Neal had got it totally wrong. He said Mr Walker had said that it was a decent bump and that he should know. He said that when interference occurs people always tend to believe it comes from the outside. All that Mr Hutchings had done was to try and relieve the pressure. He said that the unduly slow pace contributed to the interference and that the horse outside Mr Hutchings' mount (ITSFORFREE) also contributed. He said that Mr Colgan also got pressure from his inside.

Mr Rogerson expressed concern that Mr Hutchings was questioned on the first day (re the incident) without him being present. He also said that he was surprised that the stipendiary stewards went ahead without calling any of the riders to give evidence. He added that due to all the circumstances Mr Hutchings was not guilty.

Mr Hutchings asked that the committee consider the tempo of the race that Mr Walker’s mount tried to run off the rail and that Mr Colgan was checking his mount before the incident and that he (Mr Hutchings) was doing his best to relieve the pressure.

Reasons for Decision:

Due to the delays in hearing from witnesses and the delays in opportunity to review the films, the committee was only in a position to deliver its finding at 5.27pm.

After considering all of the evidence and carefully reviewing all films, the committee found that near the 1800m that JIMMY HOFFA, who had been racing 4-wide, shifted in to a 3-wide position. Almost simultaneously PACO KID who had been racing adjacent to the running rail, commenced to hang out onto ALL THE WAY. As a consequence of the shift by JIMMY HOFFA and PACO KID, ALL THE WAY was checked and CURTAIN CALL was tightened.

Whilst Mr Hutchings' mount did shift, the committee was satisfied that the hanging tendency of PACO KID contributed significantly to the incident.

The film evidence showed that Mr Hutchings did try to relieve the pressure as his mount’s head was turned outwards, but was unable to do so as ITSFORFREE had shifted up alongside his mount.

Careful study of the films also showed that Mr Walker was having trouble controlling his mount whose mouth was wide open and that Mr Colgan was only forced to check his mount when Mr Walker’s mount failed to negotiate the bend correctly and shifted out onto Mr Colgan’s mount. Until that point Mr Colgan had been steadying his mount who was observed to be over-racing with its head up high, but that there had been sufficient room to hold its position.

The committee also took into account that the slackening of the pace along with the interference occurring at the commencement of the bend, may have had some effect on the incident that had occurred.

Decision:

Due to the committee’s finding the careless riding charge preferred against Mr Hutchings was dismissed.

N McCutcheon                       A Dooley

Chair                                     Committee Member

6 March 2014

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hearing_type: Old Hearing

Rules: 638(1)(d)

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