Auckland RC 12 January 2013 – R 10 (heard on 14 January 2013 at Avondale)

hearingid: a04c70215db0dfff9dab15046d5ea096

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hearing_racingtype: thoroughbred-racing

startdate: 12/01/2013

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hearing_title: Auckland RC 12 January 2013 - R 10 (heard on 14 January 2013 at Avondale)

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Decision:

Informant: Mr M Williamson - Stipendiary Steward
Respondent: Mr R Hutchings - Licensed Apprentice Rider
Information No: A2811
Meeting: Auckland RC
Date: 12 January 2013 (heard on 14 January 2013 at Avondale)
Venue: Ellerslie
Rule No: 638(1)(d)
Race: 10
Judicial Committee: A Dooley, Chairman - G Tankard, Committee Member
Plea: Admitted
Persons Present: Mr G Rogerson, Trainer assisting Mr Hutchings - Mr R Neal, Co Chief Stipendiary Steward

Charge:

Following race 10, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Williamson alleged that passing the 125 metres KIJANI (R Hutchings) shifted in forcing EWENIGHT (A Calder) onto the heels of MANGAROA MINI (M Cameron) with EWENIGHT having to be checked.

Evidence:

This charge was heard at Avondale Jockey Club on 14th January 2013. It relates to Race 10 at the Auckland Racing Club on 12th January 2013. Mr Hutchings won the race and following a protest by Mr Calder his mount was relegated back to 3rd place.

Mr Robinson demonstrated the head on film which showed Mr Hutchings permitted his mount to shift in 2 horse widths passing the 125 metres. This resulted in crowding EWENIGHT onto the hind quarters of MANGAROA MINI which shifted out and exaggerated the incident. He said there was minimal movement from MANGAROA MINI.

Mr Rogerson stated he believed it was more than minimal movement from MANGAROA MINI.

Mr Robinson in response confirmed his evidence by stating MANGARO MINI moved slightly.

Mr Williamson told the Committee that he agreed with Mr Robinson's interpretation of the incident.

Mr Rogerson acknowledged that KIJANI did shift in which resulted in interference occurring. He said although he concedes there is no obligation of a rider to call out he was surprised Mr Calder did not call out to Mr Hutchings. He pointed out on the head on film that MANGAROA MINI's head was turned out before KIJANI moved in. He summed up by saying the movement from MANGARO MINI in his view was more than slight.

Mr Hutchings when asked for evidence had nothing further to add.

Decision:

As Mr Hutchings admitted the breach we find the charge proved.

Submissions For Penalty:

Mr Williamson produced Mr Hutchings' record which showed 5 previous breaches under this rule in the last 12 months. The penalties were in April 5 days, May 4 days, August 3 days, November 2 days and December 5 days. He submitted Mr Hutchings was the busiest rider in the country with 468 rides to date this season. He submitted the breach could be dealt with by way of a suspension. He submitted a suspension of not less than 4 days.

In response to a question from the Committee, Mr Williamson acknowledged that as the busiest rider that did not permit Mr Hutchings to offend at a higher rate than other riders.

Mr Rogerson submitted the following points: Mr Hutchings had already been penalised with KIJANI being relegated from 1st to 3rd, he confirmed Mr Hutchings' number of rides this season and he advised us of the award Mr Hutchings received last season for his very good riding record.

In relation to penalty Mr Rogerson submitted Mr Hutchings had an excellent record, noting he had incurred only one 5 day suspension in the last 12 months. He said he should be given credit for admission of the breach. He emphasised that MANGAROA MINI contributed to the incident. For these reasons his submission was a 2 day reduction from the 4 day penalty.

The Committee informed Mr Rogerson the recommended starting point for careless riding is 5 days. The JCA penalty guide relevant paragraph was read to Mr Rogerson.

The Committee asked Mr Hutchings for his commitments over the next 7 days.

Mr Rogerson then requested the Committee inform him in advance the number of days Mr Hutchings' proposed suspension would be. The Chairman told Mr Rogerson the JCA policy is that riders must submit to the Committee their commitments over the next seven days before any proposed suspension is imposed. We advised Mr Rogerson we would not be setting a precedent for his benefit.

In response to a question from the Committee, Mr Rogerson submitted Mr Hutchings had commitments up to and including 19 January 2013. He requested Mr Hutchings' suspension start after racing on January 19.

Mr Rogerson submitted Mr Hutchings would be riding everywhere including Gore on the 24th of January.

When asked by the Committee Mr Rogerson confirmed he had nothing further to add.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted the recommended 5 riding days as the starting point in considering the term of suspension for this careless riding charge.

The mitigating factors are Mr Hutchings' admission of the breach and we are of the view that MANGAROA MINI's contribution to the incident was very slight. We observed there was minimal movement before the contact and pressure came from KIJANI.

However, this has to be balanced against the aggravating factors listed below.

This was Mr Hutchings' 6th breach in the last12 months which is worse than other riders who have similar number of rides. We are of the view this is not a good record even taking into account Mr Hutchings is a busy rider.

We independently assess the level of carelessness as mid range. The films showed Mr Hutchings continued to ride forward with the whip when his mount shifted in 2 horse widths. At no stage did Mr Hutchings attempt to straighten his mount and relieve the pressure to the horses on his inside.

A further aggravating fact was KIJANI was relegated as a resulted of the interference.

The Committee advised Mr Hutchings that we acknowledge that he rides all over the country.

In the interest of fairness and consistency we also viewed the JCA listing of penalties for similar breaches to determine an appropriate penalty.

We note Ms Allpress incurred a 6 day suspension last November that was assessed as mid to high range when her mount was relegated from 1st to 3rd.

The Committee quoted to Mr Hutchings and Mr Rogerson other busy riders record over the last 12 months. Ms Allpress incurred 3 suspensions and Mr Cameron incurred 5 suspensions. The suspension records were sourced from the JCA listing of penalties.

The Committee notes that Mr Hutchings incurred two five day suspensions in the last 12 months not one as submitted by Mr Rogerson.

After taking into account all the above factors we independently assess an appropriate penalty is 5 days.

Note: The Committee retracted the figures used from the Thoroughbred Monthly after an objection from Mr Rogerson. Those figures were not for a 12 month period and were not taken into account when imposing penalty.

Penalty:

We grant Mr Hutchings' request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Hutchings which will commence after racing on 19th January 2013 and conclude after racing on 26th January 2013 (5 days).

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hearing_type: Old Hearing

Rules: 638(1)(d)

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