Archive Decision

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Auckland RC 16 June 2012 – R 9

ID: JCA10736

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mr M Coleman - Licensed Rider

Information Number:
A4515

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 16 June 2012

Meet Chair:
ADooley

Meet Committee Member 1:
GTankard

Race Date:
2012/06/16

Race Number:
R 9

Decision:

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

Penalty:

We grant Mr Coleman request to seek a deferment to his suspension as per rule 1106(2).

Accordingly, we impose a suspension on Mr Coleman which will commence after racing on 23rd June 2012 and conclude after racing on 2nd July 2012 ( 5 days).

Charge:

Following race 9, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that near the 150 metres, M Coleman the rider of PRINCE OF WALES, allowed his mount to shift in when not clear of COSABELLA (J Collett) who was checked.

Facts:

Mr Oatham demonstrated the incident by using all the available films. He pointed out to the committee that near the 150 metre mark Mr Coleman allowed his mount to shift in onto COSABELLA's rightful running line. In doing so, this resulted in Mr Collett having to take a hold of his mount for approximately 75 metres. He said Mr Coleman was a bare length clear when moving in and reminded the committee this movement resulted in a relegation to Mr Coleman's mount.

Mr Coleman in admitting the breach informed the committee that he could have done a little bit more to avoid the interference. He told the committee that his mount was inclined to lay in and he conceded that he was not aware that Mr Collett had moved up on his inside until he yelled out to him.

Submissions for Penalty:

Mr Oatham produced Mr Coleman's record which showed no previous breaches of this rule in the last 12 months. He submitted that level of carelessness was mid range and the interference that occurred resulted in PRINCE OF WALES being relegated from 2nd placing. He said Mr Coleman was honest and frank in his evidence and submitted an appropriate penalty would be a suspension of 5 to 6 days.

Mr Coleman asked the committee to take into account his clear record over the last 12 months. He requested a 7 day deferment to any proposed suspension because he had firm commitments at Tauranga on 23rd June 2012.

In response to a question from the committee, Mr Coleman conceded that he had no intentions of riding at Waimate on 29th June 2012.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Coleman admission of the breach and his excellent record. However, this has to be balanced against the level of carelessness which we assess as mid range and the fact that the interference resulted in Mr Coleman's mount being relegated from 2nd to 4th placing. These aggravating factors meant an appropriate penalty was 5 days.

As Mr Coleman conceded to the committee he would not be riding at Waimate on 29th June, this date was not included in the penalty.

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: 00da6757509daff58ae3de5c9cfbe2eb


informantnumber: A4515


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 15/06/2012


hearing_title: Auckland RC 16 June 2012 - R 9


charge:

Following race 9, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that near the 150 metres, M Coleman the rider of PRINCE OF WALES, allowed his mount to shift in when not clear of COSABELLA (J Collett) who was checked.


facts:

Mr Oatham demonstrated the incident by using all the available films. He pointed out to the committee that near the 150 metre mark Mr Coleman allowed his mount to shift in onto COSABELLA's rightful running line. In doing so, this resulted in Mr Collett having to take a hold of his mount for approximately 75 metres. He said Mr Coleman was a bare length clear when moving in and reminded the committee this movement resulted in a relegation to Mr Coleman's mount.

Mr Coleman in admitting the breach informed the committee that he could have done a little bit more to avoid the interference. He told the committee that his mount was inclined to lay in and he conceded that he was not aware that Mr Collett had moved up on his inside until he yelled out to him.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Oatham produced Mr Coleman's record which showed no previous breaches of this rule in the last 12 months. He submitted that level of carelessness was mid range and the interference that occurred resulted in PRINCE OF WALES being relegated from 2nd placing. He said Mr Coleman was honest and frank in his evidence and submitted an appropriate penalty would be a suspension of 5 to 6 days.

Mr Coleman asked the committee to take into account his clear record over the last 12 months. He requested a 7 day deferment to any proposed suspension because he had firm commitments at Tauranga on 23rd June 2012.

In response to a question from the committee, Mr Coleman conceded that he had no intentions of riding at Waimate on 29th June 2012.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Coleman admission of the breach and his excellent record. However, this has to be balanced against the level of carelessness which we assess as mid range and the fact that the interference resulted in Mr Coleman's mount being relegated from 2nd to 4th placing. These aggravating factors meant an appropriate penalty was 5 days.

As Mr Coleman conceded to the committee he would not be riding at Waimate on 29th June, this date was not included in the penalty.


penalty:

We grant Mr Coleman request to seek a deferment to his suspension as per rule 1106(2).

Accordingly, we impose a suspension on Mr Coleman which will commence after racing on 23rd June 2012 and conclude after racing on 2nd July 2012 ( 5 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mr M Coleman - Licensed Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 08145cf80ab51e634d6e4ba9fcb746eb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cd40dc7af725a137d4c217133fa9c9b1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/06/2012


meet_title: Auckland RC - 16 June 2012


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