Archive Decision

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Auckland RC 11 July 2020 – R 8 – Chair, Mr G Jones

ID: JCA14210

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr M Kareem – rider of HUSK

Other Person:
Mr A Coles - Stipendiary Steward, Mr N Harris - Northern Riding Mentor

Information Number:
A13415

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 11 July 2020

Meet Chair:
GJones

Meet Committee Member 1:
BScott

Race Date:
2020/07/11

Race Number:
R8

Decision:

As Mr Kareem admitted the breach the Committee found the charge proved.

Penalty:

Mr Kareem’s licence to ride in races is suspended for a period of 2 (national) days commencing after racing on 11 July 2020 and concluding after racing on 17 July 2020.

Facts:

This charge arises from the running of Race 8, the Barfoot and Thompson Property Management 1400. Senior Stipendiary Steward Mr Williamson filed an Information pursuant to Rule 638 (1)(d) alleging that M Kareem permitted his mount HUSK to shift inwards when not sufficiently clear of MISS FENDT and COTTON EYE JOE which were both checked passing the 1100m.

Apprentice rider Mr Kareem acknowledged that he understood the Rule and confirmed his admission of the breach. He was assisted at the hearing by Mr N Harris (Northern Riding Mentor).

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

Using all available video footage Stipendiary Steward Mr Coles demonstrated the incident that gave rise to this charge and identified all horses and riders concerned; namely: HUSK (M Kareem), MISS FENDT (B Rogerson) and COTTON EYE JOE (L Satherley). He told the Committee that approaching the 1100 metre mark HUSK shifted in when insufficiently clear of MISS FENDT which was checked and shifted in crowding COTTON EYE JOE which was also checked. He said both affected runners lost about 1 length as a result of being checked. Mr Coles said that after shifting in the affected riders of MISS FENDT and COTTON EYE JOE moved up in to the gap and this is a mitigating factor in his favour.  

In response Mr Harris said he agreed with the Steward’s interpretation of the incident. He added that in his view Ms Satherley’s mount may have contributed as it was racing greenly and the rider of MISS FENDT is an inexperienced apprentice who may have over reacted when her mount “grabbed the bit” after being checked.

Mr Kareem said that his mount was having its second raceday start and raced greenly. 

Submissions for Penalty:

Mr Williamson produced Mr Kareem’s riding record which indicated 2 previous breaches of the careless riding rule during the past 12 months. He said the first breach occurred on 27 July 2019 and is due to reset on 27 July 2020, therefore Mr Kareem’s overall record is reasonable.

Mr Williamson said Stewards assessed the level of carelessness to be low to mid-range, due to two runners being affected by Mr Kareem’s actions. He added that Mr Kareem’s mount was racing greenly and this should be taken into account when assessing penalty. He submitted that a penalty of no less than 2 days suspension should be imposed by the Committee.

In response Mr Kareem initially advised that he had confirmed engagements during the next 7 days and sought a deferment. He shortly thereafter indicated that he did not have confirmed rides and any proposed suspension could commence immediately after the conclusion of today’s racing.

In terms of any proposed penalty neither Mr Kareem nor Mr Harris offered submissions.

Reasons for Penalty:

After considering the submissions the Committee determined Mr Kareem’s carelessness to be low to mid-range and adopted a 3-day starting point. Although the Penalty Guide for Judicial Committees recommends starting points for low (6) and mid-range (8) carelessness; due to the COVID-19 impacts on racing, the agreed approach, until the end of the current season, for careless riding and like offending is for some leniency to be applied when setting penalties. This does not apply in cases involving more serious offences including whip breaches.

Clearly the fact that two horses had their chances affected is an aggravating factor and this is included in our decision to assess the carelessness as low to mid-range, as opposed to low.

The mitigating factors we considered included Mr Kareem’s admission of the breach and his good riding record under this rule. For those combined factors we afforded him a 1-day reduction from our 3-day starting point.

After taking into account all the above factors the Committee considered that an appropriate suspension was 2 days.

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: a7a456e22862d85672665e6c50cdcd54


informantnumber: A13415


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 12/07/2020


hearing_title: Auckland RC 11 July 2020 – R 8 – Chair, Mr G Jones


charge:


facts:

This charge arises from the running of Race 8, the Barfoot and Thompson Property Management 1400. Senior Stipendiary Steward Mr Williamson filed an Information pursuant to Rule 638 (1)(d) alleging that M Kareem permitted his mount HUSK to shift inwards when not sufficiently clear of MISS FENDT and COTTON EYE JOE which were both checked passing the 1100m.

Apprentice rider Mr Kareem acknowledged that he understood the Rule and confirmed his admission of the breach. He was assisted at the hearing by Mr N Harris (Northern Riding Mentor).

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

Using all available video footage Stipendiary Steward Mr Coles demonstrated the incident that gave rise to this charge and identified all horses and riders concerned; namely: HUSK (M Kareem), MISS FENDT (B Rogerson) and COTTON EYE JOE (L Satherley). He told the Committee that approaching the 1100 metre mark HUSK shifted in when insufficiently clear of MISS FENDT which was checked and shifted in crowding COTTON EYE JOE which was also checked. He said both affected runners lost about 1 length as a result of being checked. Mr Coles said that after shifting in the affected riders of MISS FENDT and COTTON EYE JOE moved up in to the gap and this is a mitigating factor in his favour.  

In response Mr Harris said he agreed with the Steward’s interpretation of the incident. He added that in his view Ms Satherley’s mount may have contributed as it was racing greenly and the rider of MISS FENDT is an inexperienced apprentice who may have over reacted when her mount “grabbed the bit” after being checked.

Mr Kareem said that his mount was having its second raceday start and raced greenly. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Kareem admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Kareem’s riding record which indicated 2 previous breaches of the careless riding rule during the past 12 months. He said the first breach occurred on 27 July 2019 and is due to reset on 27 July 2020, therefore Mr Kareem’s overall record is reasonable.

Mr Williamson said Stewards assessed the level of carelessness to be low to mid-range, due to two runners being affected by Mr Kareem’s actions. He added that Mr Kareem’s mount was racing greenly and this should be taken into account when assessing penalty. He submitted that a penalty of no less than 2 days suspension should be imposed by the Committee.

In response Mr Kareem initially advised that he had confirmed engagements during the next 7 days and sought a deferment. He shortly thereafter indicated that he did not have confirmed rides and any proposed suspension could commence immediately after the conclusion of today’s racing.

In terms of any proposed penalty neither Mr Kareem nor Mr Harris offered submissions.


reasonsforpenalty:

After considering the submissions the Committee determined Mr Kareem’s carelessness to be low to mid-range and adopted a 3-day starting point. Although the Penalty Guide for Judicial Committees recommends starting points for low (6) and mid-range (8) carelessness; due to the COVID-19 impacts on racing, the agreed approach, until the end of the current season, for careless riding and like offending is for some leniency to be applied when setting penalties. This does not apply in cases involving more serious offences including whip breaches.

Clearly the fact that two horses had their chances affected is an aggravating factor and this is included in our decision to assess the carelessness as low to mid-range, as opposed to low.

The mitigating factors we considered included Mr Kareem’s admission of the breach and his good riding record under this rule. For those combined factors we afforded him a 1-day reduction from our 3-day starting point.

After taking into account all the above factors the Committee considered that an appropriate suspension was 2 days.


penalty:

Mr Kareem’s licence to ride in races is suspended for a period of 2 (national) days commencing after racing on 11 July 2020 and concluding after racing on 17 July 2020.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr M Kareem – rider of HUSK


Otherperson: Mr A Coles - Stipendiary Steward, Mr N Harris - Northern Riding Mentor


PersonPresent:


Respondent:


StipendSteward:


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race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


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meetdate: 11/07/2020


meet_title: Auckland RC - 11 July 2020


meet_expappcomment:


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tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: BScott


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name: Auckland RC