Auckland RC 11 January 2014 – R 5
ID: JCA15270
Code:
Thoroughbred
Meet Title:
Auckland RC - 11 January 2014
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2014/01/11
Race Number:
R5
Decision:
As Mr Harris admitted the breach we find the charge proved.
Penalty:
We impose a suspension on Mr Harris which will commence after racing on Monday 13th January 2014 and conclude after racing on Wednesday 22nd January 2014 (4 days). The penalty does not include any South Island meetings as Mr Harris confirmed to us that he was predominantly a Northern and Central Districts rider. It also does not include the meeting on 16th January 2014 which is an Apprentice Riders only meeting.
Facts:
Following the running of Race 5, the PEGASUS EQUINE 1200, an Information was filed pursuant to Rule 638(1)(d) alleging that “DESIGNATED DRIVER (N Harris) shifted out to obtain clear running when not clear of CANDLE IN THE WIND (M Du Plessis) which was checked near the 150 metres”.
Mr Harris acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
Rule 638(1)(d) provides that: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Coles identified the incident using available video footage. He told the Committee that DESIGNATED DRIVER was racing 3 horse-widths off the rail and near the 200 metre mark Mr Harris angled his mount out when only a bare length clear of CANDLE IN THE WIND. This resulted in Mr Du Plessis, the rider of CANDLE IN THE WIND having to take hold of his mount. CANDLE IN THE WIND overreacted by throwing its head up in the air and lost ground.
Mr Harris said that he agreed with Mr Coles' interpretation of the incident. He said that he looked across and moved out slowly, emphasising that it was not a quick movement and CANDLE IN THE WIND contributed to the incident by racing ungenerously.
In support of Mr Harris’ submission, Mr Coles told the Committee that Mr Du Plessis advised Stewards that CANDLE IN THE WIND had been racing ungenerously and overreacted to the check.
Submissions for Penalty:
Mr Williamson produced Mr Harris' riding record which showed one previous breach under this Rule in the last 12 months. This was on 26 December 2013 in a listed race and attracted a 5 day suspension. He submitted Mr Harris’ overall his riding record was very good and that the level of carelessness was at the low end and this ought to be reflected in any penalty. He added that the Committee may also wish to take into account the fact that any proposed suspension would inevitably result in Mr Harris not being able to ride on one or more days at the forthcoming Wellington meeting.
Mr Harris advised that he had confirmed commitments at the Avondale JC meeting on 13 January 2014 and sought a deferment to any proposed suspension to enable him to meet his riding obligations at that meeting. Mr Harris confirmed that he rode only in the North Island.
Mr Harris submitted that any suspension would impact on his ability to accept rides at the pending 3 day Wellington Cup meeting, but conceded that it was likely that any penalty would encompass one or more of those days.
Reasons for Penalty:
In determining penalty the Committee has taken into account the submissions of the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The Committee has adopted 5 riding days suspension as the starting point.
The mitigating factors are Mr Harris’ admission of the breach and his very good record in relation to this Rule. The Committee has assessed the level of carelessness at low end and accept that the impact of the check to CANDLE IN THE WIND was exacerbated by its own manners, in that it was racing ungenerously at the time. The video evidence clearly shows that although Mr Harris was not the required distance in front of CANDLE IN THE WIND when he eased out, the movement was not abrupt. There are no specific aggravating factors relating to this breach.
After taking into account all the above factors we consider an appropriate penalty is a 4 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: 7d5681123e6bed80d9fd6b5b468350d6
informantnumber: A6023
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 06/01/2014
hearing_title: Auckland RC 11 January 2014 - R 5
charge:
facts:
Following the running of Race 5, the PEGASUS EQUINE 1200, an Information was filed pursuant to Rule 638(1)(d) alleging that “DESIGNATED DRIVER (N Harris) shifted out to obtain clear running when not clear of CANDLE IN THE WIND (M Du Plessis) which was checked near the 150 metres”.
Mr Harris acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
Rule 638(1)(d) provides that: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Coles identified the incident using available video footage. He told the Committee that DESIGNATED DRIVER was racing 3 horse-widths off the rail and near the 200 metre mark Mr Harris angled his mount out when only a bare length clear of CANDLE IN THE WIND. This resulted in Mr Du Plessis, the rider of CANDLE IN THE WIND having to take hold of his mount. CANDLE IN THE WIND overreacted by throwing its head up in the air and lost ground.
Mr Harris said that he agreed with Mr Coles' interpretation of the incident. He said that he looked across and moved out slowly, emphasising that it was not a quick movement and CANDLE IN THE WIND contributed to the incident by racing ungenerously.
In support of Mr Harris’ submission, Mr Coles told the Committee that Mr Du Plessis advised Stewards that CANDLE IN THE WIND had been racing ungenerously and overreacted to the check.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Harris admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Harris' riding record which showed one previous breach under this Rule in the last 12 months. This was on 26 December 2013 in a listed race and attracted a 5 day suspension. He submitted Mr Harris’ overall his riding record was very good and that the level of carelessness was at the low end and this ought to be reflected in any penalty. He added that the Committee may also wish to take into account the fact that any proposed suspension would inevitably result in Mr Harris not being able to ride on one or more days at the forthcoming Wellington meeting.
Mr Harris advised that he had confirmed commitments at the Avondale JC meeting on 13 January 2014 and sought a deferment to any proposed suspension to enable him to meet his riding obligations at that meeting. Mr Harris confirmed that he rode only in the North Island.
Mr Harris submitted that any suspension would impact on his ability to accept rides at the pending 3 day Wellington Cup meeting, but conceded that it was likely that any penalty would encompass one or more of those days.
reasonsforpenalty:
In determining penalty the Committee has taken into account the submissions of the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The Committee has adopted 5 riding days suspension as the starting point.
The mitigating factors are Mr Harris’ admission of the breach and his very good record in relation to this Rule. The Committee has assessed the level of carelessness at low end and accept that the impact of the check to CANDLE IN THE WIND was exacerbated by its own manners, in that it was racing ungenerously at the time. The video evidence clearly shows that although Mr Harris was not the required distance in front of CANDLE IN THE WIND when he eased out, the movement was not abrupt. There are no specific aggravating factors relating to this breach.
After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.
penalty:
We impose a suspension on Mr Harris which will commence after racing on Monday 13th January 2014 and conclude after racing on Wednesday 22nd January 2014 (4 days). The penalty does not include any South Island meetings as Mr Harris confirmed to us that he was predominantly a Northern and Central Districts rider. It also does not include the meeting on 16th January 2014 which is an Apprentice Riders only meeting.
hearing_type: Hearing
Rules: R 638 (1)(d)
Informant: Mr M Williamson, Stipendiary Steward
JockeysandTrainer: N Harris Class A Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 68d2b74dc902a90fdedf198dcd65d8c6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8bb3dd57c8ac1ecefc899ea99a605168
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/01/2014
meet_title: Auckland RC - 11 January 2014
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