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 13 February 2013 – R 6

ID: JCA15672

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr L Innes - Licensed Rider of SOPHIES GEM, Ms K Joyce_ Apprentice Rider - SOCIETY RULER, Mr C Lammas _ Rider of THE LOOKER, Mr O Bosson - Rider of AURORA LIGHTS, Mr C Grylls - Rider of ESKABAR

Other Person:
Mr J Oatham - Stipendiary Steward

Information Number:
A2814

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Auckland RC - 13 February 2013

Meet Chair:
ADooley

Meet Committee Member 1:
GTankard

Race Date:
2013/02/13

Race Number:
R6

Decision:

For the above reasons we find the charge against Mr Innes proved.

Penalty:

Accordingly, we impose a suspension on Mr Innes which will commence after racing on 17th February and to conclude after racing on 27th February 2013 ( 5 North Island Days).

Charge:

Careless Riding

Facts:

Following race 6, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Williamson alleged that Mr Innes permitted his mount SOPHIES GEM to shift inwards when not sufficiently clear resulting in crowding to SOCIETY RULER, THE LOOKER, AURORA LIGHTS and ESKABAR near the 200 metres.

Submissions for Decision:

Mr Oatham demonstrated the incident using all the available films. He pointed out to the committee on the head on film that passing the 300 metres Mr Innes' mount was racing in a 5 wide position. He paused the film to show that the 4 horses to Mr Innes' inside were racing free from interference. He said nearing the 200 metres Mr Innes permitted his mount to shift in when not sufficiently clear which resulted in varying degrees of interference to all the horses on his inside. He submitted that Mr Innes had shifted in from a 5 wide position to a 2 wide position. He conceded that Mr Innes did take a bit of a hold and made some effort to correct his inward movement. However, he then continued to ride forward with the whip when not the required distance clear.

Mr Oatham demonstrated on the side on film that as a result of Mr Innes' inward movement he dictated THE LOOKER into AURORA LIGHTS which reacted abruptly and made heavy contact with ESKABAR who in turn hit the running rail. He stated the back on film showed that Mr Innes was ¾ length clear of Ms Joyce and 1 length clear of Mr Lammas.

Mr Innes submitted that he did not agree with the Stewards' interpretation of the incident. Mr Innes asked Mr Oatham to clarify that Mr Bosson's mount had contributed to the incident. Mr Oatham explained at length to Mr Innes that Mr Bosson's mount was going for a tight run which he was entitled to do so. He said the pressure had come from the outside but noted AURORA LIGHTS did react badly to bump it received.

Mr Williamson called Ms Joyce as a witness. She submitted that Mr Innes came across her rightful running line when only 1/2 length clear. She submitted that she called out to Mr Innes to no avail.

Mr Innes had no questions of Ms Joyce.

Mr Williamson then called Mr Lammas as a witness. He submitted that he received a lot of pressure from his outside. He said Mr Innes was only 1 length clear when moving into his rightful running line. He said his mount almost clipped a heel and blundered.

Mr Innes asked Mr Lammas if Mr Bosson's mount had contributed to the incident. He responded that Mr Bosson's mount had shaved THE LOOKER.

Mr Williamson then called Mr Bosson as a witness. He submitted that he received pressure from his outside which resulted in THE LOOKER touching the hind quarter of AUROA LIGHTS. He said his mount ran away from the other horse into the line of ESKABAR. This resulted in ESKABAR making contact with the running rail.

In response to a question from the Committee, Mr Bosson submitted the inward pressure had come from Mr Innes's mount.

Mr Innes responded by submitting there was general tightening and Mr Bosson's mount had over reacted.

Mr Williamson then called his final witness Mr Grylls. He submitted that his mount was stopping when it was checked, he said there was pressure from the outside.

Mr Innes questioned Mr Grylls as to whether the inward pressure had come from his mount or Mr Bosson's. Mr Grylls replied that he couldn't tell.

Mr Innes was then given the opportunity to submit his interpretation of the alleged incident. He submitted that he could not be blamed for Mr Grylls mount hitting the running rail. He said he may have shaved Ms Joyce's mount but she over reacted to the incident being an inexperienced rider. He believed that Mr Grylls' mount had moved out from the running rail by half a horse width. He was of the view that this contributed to AURORA LIGHTS being checked.

In response to a question from the Committee, Mr Innes stated he was 1 and ½ lengths clear of Ms Joyce's mount when going forward.

In a further question from the Committee, Mr Innes acknowledged he understood the rule which requires a rider to be at least its own length and one other length in front of such other horse at the time of crossing.

Mr Williamson in summing up submitted Mr Innes was not the required distance clear when riding forward into the rightful line of SOCIETY RULER and THE LOOKER. He said this was never disputed during the hearing. He acknowledged THE LOOKER then put pressure onto AURORA LIGHTS which reacted poorly.

Mr Innes when given the opportunity to sum up emphasised to the Committee that he was not the cause of Mr Grylls hitting the running rail.

Reasons for Decision:

The Committee carefully considered all the submissions presented. Having reviewed the video films several times we established that passing the 300 metre mark Mr Innes' mount was racing in a 5 wide position. Mr Innes then continues to ride his mount forward with whip and into the rightful running line of SOCIETY RULER when only ¾ length clear. He then continues to ride forward into the rightful line of THE LOOKER when only one length clear. This resulted in THE LOOKER making contact with AURORA LIGHTS which became unbalanced and shifted in abruptly with ESKABAR making contact with the running rail and having to be checked.

We are of the view AURORA LIGHTS did react abruptly to the incident.

We finally note that Mr Innes had moved from a 5 wide position to a 2 wide position within approximately 100 metres and at no stage was he the required distance clear at the time of crossing.

Submissions for Penalty:

Mr Williamson produced Mr Innes's record which showed 3 previous suspensions in the last 12 months. He said this was a reasonable record and submitted the level of carelessness was mid range. He said ESKABAR making contact with the running rail was not entirely Mr Innes' fault as the racing actions of AURORA LIGHTS contributed to the incident. He submitted a suspension was the appropriate penalty and would let the Committee determine the relevant number of days.

Mr Innes submitted he had firm commitments up to and including February 17 and was seeking a deferment to his proposed suspension. He submitted the level of carelessness was low end and he classified himself as a national rider. He further stated that he was not planning to ride in the South Island.

In response to a question from the Committee, Mr Innes confirmed he was not intending to ride at Invercargill or Christchurch in February. 

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Innes' good record and we note his last suspension occurred on the 29th of September 2012. The aggravating facts are we independently assess the level of carelessness as mid range which resulted in several runners receiving varying degrees of interference.

The appropriate period of suspension for this breach was assessed at 6 days, however, we granted Mr Innes 1 day reduction on this occasion for his forthrightness regarding his riding commitments in the South Island.

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: c2180bcaba6ba2fa73fd1fbebb98f85d


informantnumber: A2814


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 30/01/2013


hearing_title: Auckland RC 13 February 2013 - R 6


charge:

Careless Riding


facts:

Following race 6, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Williamson alleged that Mr Innes permitted his mount SOPHIES GEM to shift inwards when not sufficiently clear resulting in crowding to SOCIETY RULER, THE LOOKER, AURORA LIGHTS and ESKABAR near the 200 metres.


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham demonstrated the incident using all the available films. He pointed out to the committee on the head on film that passing the 300 metres Mr Innes' mount was racing in a 5 wide position. He paused the film to show that the 4 horses to Mr Innes' inside were racing free from interference. He said nearing the 200 metres Mr Innes permitted his mount to shift in when not sufficiently clear which resulted in varying degrees of interference to all the horses on his inside. He submitted that Mr Innes had shifted in from a 5 wide position to a 2 wide position. He conceded that Mr Innes did take a bit of a hold and made some effort to correct his inward movement. However, he then continued to ride forward with the whip when not the required distance clear.

Mr Oatham demonstrated on the side on film that as a result of Mr Innes' inward movement he dictated THE LOOKER into AURORA LIGHTS which reacted abruptly and made heavy contact with ESKABAR who in turn hit the running rail. He stated the back on film showed that Mr Innes was ¾ length clear of Ms Joyce and 1 length clear of Mr Lammas.

Mr Innes submitted that he did not agree with the Stewards' interpretation of the incident. Mr Innes asked Mr Oatham to clarify that Mr Bosson's mount had contributed to the incident. Mr Oatham explained at length to Mr Innes that Mr Bosson's mount was going for a tight run which he was entitled to do so. He said the pressure had come from the outside but noted AURORA LIGHTS did react badly to bump it received.

Mr Williamson called Ms Joyce as a witness. She submitted that Mr Innes came across her rightful running line when only 1/2 length clear. She submitted that she called out to Mr Innes to no avail.

Mr Innes had no questions of Ms Joyce.

Mr Williamson then called Mr Lammas as a witness. He submitted that he received a lot of pressure from his outside. He said Mr Innes was only 1 length clear when moving into his rightful running line. He said his mount almost clipped a heel and blundered.

Mr Innes asked Mr Lammas if Mr Bosson's mount had contributed to the incident. He responded that Mr Bosson's mount had shaved THE LOOKER.

Mr Williamson then called Mr Bosson as a witness. He submitted that he received pressure from his outside which resulted in THE LOOKER touching the hind quarter of AUROA LIGHTS. He said his mount ran away from the other horse into the line of ESKABAR. This resulted in ESKABAR making contact with the running rail.

In response to a question from the Committee, Mr Bosson submitted the inward pressure had come from Mr Innes's mount.

Mr Innes responded by submitting there was general tightening and Mr Bosson's mount had over reacted.

Mr Williamson then called his final witness Mr Grylls. He submitted that his mount was stopping when it was checked, he said there was pressure from the outside.

Mr Innes questioned Mr Grylls as to whether the inward pressure had come from his mount or Mr Bosson's. Mr Grylls replied that he couldn't tell.

Mr Innes was then given the opportunity to submit his interpretation of the alleged incident. He submitted that he could not be blamed for Mr Grylls mount hitting the running rail. He said he may have shaved Ms Joyce's mount but she over reacted to the incident being an inexperienced rider. He believed that Mr Grylls' mount had moved out from the running rail by half a horse width. He was of the view that this contributed to AURORA LIGHTS being checked.

In response to a question from the Committee, Mr Innes stated he was 1 and ½ lengths clear of Ms Joyce's mount when going forward.

In a further question from the Committee, Mr Innes acknowledged he understood the rule which requires a rider to be at least its own length and one other length in front of such other horse at the time of crossing.

Mr Williamson in summing up submitted Mr Innes was not the required distance clear when riding forward into the rightful line of SOCIETY RULER and THE LOOKER. He said this was never disputed during the hearing. He acknowledged THE LOOKER then put pressure onto AURORA LIGHTS which reacted poorly.

Mr Innes when given the opportunity to sum up emphasised to the Committee that he was not the cause of Mr Grylls hitting the running rail.


reasonsfordecision:

The Committee carefully considered all the submissions presented. Having reviewed the video films several times we established that passing the 300 metre mark Mr Innes' mount was racing in a 5 wide position. Mr Innes then continues to ride his mount forward with whip and into the rightful running line of SOCIETY RULER when only ¾ length clear. He then continues to ride forward into the rightful line of THE LOOKER when only one length clear. This resulted in THE LOOKER making contact with AURORA LIGHTS which became unbalanced and shifted in abruptly with ESKABAR making contact with the running rail and having to be checked.

We are of the view AURORA LIGHTS did react abruptly to the incident.

We finally note that Mr Innes had moved from a 5 wide position to a 2 wide position within approximately 100 metres and at no stage was he the required distance clear at the time of crossing.


Decision:

For the above reasons we find the charge against Mr Innes proved.


sumissionsforpenalty:

Mr Williamson produced Mr Innes's record which showed 3 previous suspensions in the last 12 months. He said this was a reasonable record and submitted the level of carelessness was mid range. He said ESKABAR making contact with the running rail was not entirely Mr Innes' fault as the racing actions of AURORA LIGHTS contributed to the incident. He submitted a suspension was the appropriate penalty and would let the Committee determine the relevant number of days.

Mr Innes submitted he had firm commitments up to and including February 17 and was seeking a deferment to his proposed suspension. He submitted the level of carelessness was low end and he classified himself as a national rider. He further stated that he was not planning to ride in the South Island.

In response to a question from the Committee, Mr Innes confirmed he was not intending to ride at Invercargill or Christchurch in February. 


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Innes' good record and we note his last suspension occurred on the 29th of September 2012. The aggravating facts are we independently assess the level of carelessness as mid range which resulted in several runners receiving varying degrees of interference.

The appropriate period of suspension for this breach was assessed at 6 days, however, we granted Mr Innes 1 day reduction on this occasion for his forthrightness regarding his riding commitments in the South Island.


penalty:

Accordingly, we impose a suspension on Mr Innes which will commence after racing on 17th February and to conclude after racing on 27th February 2013 ( 5 North Island Days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr L Innes - Licensed Rider of SOPHIES GEM, Ms K Joyce_ Apprentice Rider - SOCIETY RULER, Mr C Lammas _ Rider of THE LOOKER, Mr O Bosson - Rider of AURORA LIGHTS, Mr C Grylls - Rider of ESKABAR


Otherperson: Mr J Oatham - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 86096186859dec2a9deca972490466fe


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 058b0f1e28e56fdb202c2697eac6d503


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/02/2013


meet_title: Auckland RC - 13 February 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GTankard


meet_pm2: none


name: Auckland RC