Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Auckland RC 12 December 2010 – R 8

ID: JCA11477

Applicant:
Mr A Coles stipendiary steward

Respondent(s):
Mr M Sweeney

Information Number:
7579

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 12 December 2010

Meet Chair:
ADooley

Meet Committee Member 1:
BTims

Race Date:
2010/12/12

Race Number:
R8

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Accordingly we impose a suspension on Mr Sweeney from riding in races which is to start after racing on the 15 December and to conclude after racing on 22 December 2010 (4 riding days).

Charge:

Careless riding

Facts:

Mr Williamson, Stipendiary Steward, demonstrated the video films and pointed out to the committee near the 150 metres, M. Sweeney allowed his mount SPLINTER to shift in under pressure crowding and checking RIO NUGGET (J McDonald) and CORETTA (D Johnson). He said Mr Sweeney’s mount ducked in abruptly when only ¾’s to 1 length clear. He believed Mr Sweeney made some effort to correct his mount but it was too late.

Submissions for Decision:

Mr Sweeney when asked said Mr Williamson had summed up the incident well. He said he had both hands on the reins to correct his mount from running in but it was too late.

Submissions for Penalty:

Mr Coles said Mr Sweeney should have made a greater attempt to stop his mount running in. He said Mr Sweeney had just returned from a lengthy injury break and is trying to establish his career again. He said Mr Sweeney had only 1 previous breach in the last 12 months and submitted a suspension at the lower end would be appropriate.

Mr Sweeney submitted that he has firm commitments up to and including Counties meeting on 15 December 2010. He informed the committee he has recently discussed with Riccarton trainer Mr P Williams his willingness to ride members of his team in the up coming weeks.
Mr Coles when asked to comment of Mr Sweeney’s Riccarton opportunity said he had no reason to doubt the submission.

Reasons for Penalty:

The committee carefully considered all of the evidence and submissions presented.

Mitigating factors are Mr Sweeney’s admission of the breach and his overall very good record. We believe the interference was at the lower end of the scale and accept that Mr Sweeney is attempting to re-establish his career which could involve riding in the South Island. The aggravating factor was the inward movement by Mr Sweeney when insufficiently clear resulting in the check to RIO NUGGET. Taking the mitigating factors into account we believe the suspension can be moved down from the starting point of 5 days and the appropriate penalty is one of 4 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: 21549775ce6b356ce5e8400dcc0ed503


informantnumber: 7579


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/12/2010


hearing_title: Auckland RC 12 December 2010 - R 8


charge:

Careless riding


facts:

Mr Williamson, Stipendiary Steward, demonstrated the video films and pointed out to the committee near the 150 metres, M. Sweeney allowed his mount SPLINTER to shift in under pressure crowding and checking RIO NUGGET (J McDonald) and CORETTA (D Johnson). He said Mr Sweeney’s mount ducked in abruptly when only ¾’s to 1 length clear. He believed Mr Sweeney made some effort to correct his mount but it was too late.


appealdecision:


isappeal:


submissionsfordecision:

Mr Sweeney when asked said Mr Williamson had summed up the incident well. He said he had both hands on the reins to correct his mount from running in but it was too late.


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Coles said Mr Sweeney should have made a greater attempt to stop his mount running in. He said Mr Sweeney had just returned from a lengthy injury break and is trying to establish his career again. He said Mr Sweeney had only 1 previous breach in the last 12 months and submitted a suspension at the lower end would be appropriate.

Mr Sweeney submitted that he has firm commitments up to and including Counties meeting on 15 December 2010. He informed the committee he has recently discussed with Riccarton trainer Mr P Williams his willingness to ride members of his team in the up coming weeks.
Mr Coles when asked to comment of Mr Sweeney’s Riccarton opportunity said he had no reason to doubt the submission.


reasonsforpenalty:

The committee carefully considered all of the evidence and submissions presented.

Mitigating factors are Mr Sweeney’s admission of the breach and his overall very good record. We believe the interference was at the lower end of the scale and accept that Mr Sweeney is attempting to re-establish his career which could involve riding in the South Island. The aggravating factor was the inward movement by Mr Sweeney when insufficiently clear resulting in the check to RIO NUGGET. Taking the mitigating factors into account we believe the suspension can be moved down from the starting point of 5 days and the appropriate penalty is one of 4 days.


penalty:

Accordingly we impose a suspension on Mr Sweeney from riding in races which is to start after racing on the 15 December and to conclude after racing on 22 December 2010 (4 riding days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles stipendiary steward


JockeysandTrainer: Mr M Sweeney


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d95999ef84abcade4e34df0fb4f34250


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: 7bd34e2a53f27bbfc0f828d436b71d41


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/12/2010


meet_title: Auckland RC - 12 December 2010


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "ADooley", "Member": "", "OtherExpenses": "0", "KMs": "94", "Total": "58.28", "kmprice": 58.280000000000001, "Approved": "on"}, {"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "BTims", "Member": "", "OtherExpenses": "0", "KMs": "330", "Total": "204.6", "kmprice": 204.59999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: BTims


meet_pm2: none


name: Auckland RC