Auckland RC 17 February 2013 – R 5
ID: JCA11175
Code:
Thoroughbred
Meet Title:
Auckland RC - 17 February 2013
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2013/02/17
Race Number:
R5
Decision:
As Mr Innes admitted the breach we find the charge proved.
Penalty:
We note that Mr Innes is to start a deferred suspension as per Rule 1106(2) at the completion of racing today which concludes after racing on 27th February. This resulted in a charge from racing on the 13th February.
Accordingly, we impose a suspension on Mr Innes which will commence after racing on 27th February and conclude after racing on 6th March 2013 (4 North Island days).
Charge:
Following race 5, an information was filed pursuant to Rule 638(1) (d). The informant, Mr Oatham alleged that approaching the 200 metres Mr L Innes permitted his mount KELLY O’REILLY to shift in when not sufficiently clear of CONFERDERATE (C Grylls) who was checked.
Mr Innes acknowledged that he understood the rule.
Facts:
Mr Williamson demonstrated the incident by using all the available films. He paused the video prior to the 200 metre mark to identify CONFEDERATE racing adjacent to the rail with GUESS WHAT to his outside and KELLY O'REILLY racing directly behind him. He said shortly after this Mr Innes elected to shift inside of GUESS WHAT when CONFEDERATE was weakening. He said Mr Innes misjudged the distance and was only 1 length clear which resulted in CONFEDERATE being checked. He stated the racing manners of CONFEDERATE contributed to the incident.
In response to a question from the Committee, Mr Williamson further stated CONFEDERATE was racing greenly.
Mr Innes informed the Committee that CONFEDERATE was racing erratically at the time of the incident. He said his mount was keen racing behind GUESS WHAT however admitted there were no excuses for his actions. He conceded the careless riding breach was a brain fade on his part.
Mr Innes further stated that he was up at 4am this morning to return from riding SACRED FALLS in Sydney and had spent some time in the sauna to lose 2 kgs today.
Submissions for Penalty:
Mr Oatham produced Mr Innes' record which showed 4 previous breaches under this rule in the last 12 months. He advised the Committee that Mr Innes is to a start a deferred suspension after racing today which concludes after racing on the 27th February. He said the level of carelessness was at the low end, noting that Mr Grylls' mount was racing greenly. He submitted that Mr Innes made an error of judgement and was impatient when there was insufficient room to improve. He submitted Mr Innes should be given credit for his admission of the breach. He submitted a suspension towards the lower end would be an appropriate penalty.
When asked by the Committee for his riding commitments, Mr Innes sought an adjournment to speak to his manager. The Committee granted Mr Innes a brief adjournment to this charge which was heard after the last race.
At the resumption of the hearing Mr Castles appeared for Mr Innes. He submitted to the Committee that after racing on February 13th at Ellerslie, Mr Innes had instructed him to take rides all over the country.
The Committee immediately told Mr Castles that we do not accept that Mr Innes was intending to ride at Omakau on March 1 and Cromwell on March 3. We explained in detail there is no history of Mr Innes riding at these meetings and therefore unless they could provide evidence to the contrary his submission would be rejected. We reminded them this policy is adopted by the JCA for all riders.
Mr Innes then submitted that he had commitments for the NZ Derby on March 2nd and the Auckland Cup on March 6th.
Mr Innes further submitted that Mr C Waller had offered him rides in Sydney after Derby Day. The Committee advised Mr Innes we needed more evidence to consider his submissions. Mr Innes was unable to provide to the Committee any further details regarding Sydney.
Mr Castles and Mr Innes emphasised to the Committee the significance of missing Derby Day and Auckland Cup Day in relationship to an industry day at Paeroa.
In response to a question from the Committee, Mr Castles and Mr Innes had no more submissions to offer.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented and spent some time considering them all. 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' admission of the breach and we independently assess his level of carelessness as low range.
The significant aggravating factors are this was Mr Innes' 5th breach in the last 12 months and his 2nd suspension this week.
We assess Mr Innes was only 1 length clear when shifting ground into the line of CONFEDERATE.
We note that Mr Grylls mount did react abruptly to the incident.
We assess Mr Innes' record to be reasonable at best.
Mr Innes and Mr Castles were unable to provide any evidence to the Committee of his riding commitments in the South Island or Sydney for the month of March. Therefore none of these dates were included in Mr Innes' proposed suspension.
The Committee is fully aware as stated above Mr Innes has no record of riding in Sydney at mid week meetings or Omakau and Cromwell therefore these dates are not included in his suspension.
Taking into account all the above factors we assess the appropriate period of suspension was 5 days.
However, after considerable deliberation we granted Mr Innes 1 day reduction, because he will not be riding in the Derby ($750,000) and Auckland Cup ($500,000) which in our view will have a significant impact on his penalty.
The Committee finally explained to Mr Innes that he is an experienced senior rider with the knowledge that Auckland Cup week was in March and any breach incurred would result in a 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: 0fc98afe6137891bb1f6404c390004ef
informantnumber: A4254
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 30/01/2013
hearing_title: Auckland RC 17 February 2013 - R 5
charge:
Following race 5, an information was filed pursuant to Rule 638(1) (d). The informant, Mr Oatham alleged that approaching the 200 metres Mr L Innes permitted his mount KELLY O’REILLY to shift in when not sufficiently clear of CONFERDERATE (C Grylls) who was checked.
Mr Innes acknowledged that he understood the rule.
facts:
Mr Williamson demonstrated the incident by using all the available films. He paused the video prior to the 200 metre mark to identify CONFEDERATE racing adjacent to the rail with GUESS WHAT to his outside and KELLY O'REILLY racing directly behind him. He said shortly after this Mr Innes elected to shift inside of GUESS WHAT when CONFEDERATE was weakening. He said Mr Innes misjudged the distance and was only 1 length clear which resulted in CONFEDERATE being checked. He stated the racing manners of CONFEDERATE contributed to the incident.
In response to a question from the Committee, Mr Williamson further stated CONFEDERATE was racing greenly.
Mr Innes informed the Committee that CONFEDERATE was racing erratically at the time of the incident. He said his mount was keen racing behind GUESS WHAT however admitted there were no excuses for his actions. He conceded the careless riding breach was a brain fade on his part.
Mr Innes further stated that he was up at 4am this morning to return from riding SACRED FALLS in Sydney and had spent some time in the sauna to lose 2 kgs today.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Innes admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Innes' record which showed 4 previous breaches under this rule in the last 12 months. He advised the Committee that Mr Innes is to a start a deferred suspension after racing today which concludes after racing on the 27th February. He said the level of carelessness was at the low end, noting that Mr Grylls' mount was racing greenly. He submitted that Mr Innes made an error of judgement and was impatient when there was insufficient room to improve. He submitted Mr Innes should be given credit for his admission of the breach. He submitted a suspension towards the lower end would be an appropriate penalty.
When asked by the Committee for his riding commitments, Mr Innes sought an adjournment to speak to his manager. The Committee granted Mr Innes a brief adjournment to this charge which was heard after the last race.
At the resumption of the hearing Mr Castles appeared for Mr Innes. He submitted to the Committee that after racing on February 13th at Ellerslie, Mr Innes had instructed him to take rides all over the country.
The Committee immediately told Mr Castles that we do not accept that Mr Innes was intending to ride at Omakau on March 1 and Cromwell on March 3. We explained in detail there is no history of Mr Innes riding at these meetings and therefore unless they could provide evidence to the contrary his submission would be rejected. We reminded them this policy is adopted by the JCA for all riders.
Mr Innes then submitted that he had commitments for the NZ Derby on March 2nd and the Auckland Cup on March 6th.
Mr Innes further submitted that Mr C Waller had offered him rides in Sydney after Derby Day. The Committee advised Mr Innes we needed more evidence to consider his submissions. Mr Innes was unable to provide to the Committee any further details regarding Sydney.
Mr Castles and Mr Innes emphasised to the Committee the significance of missing Derby Day and Auckland Cup Day in relationship to an industry day at Paeroa.
In response to a question from the Committee, Mr Castles and Mr Innes had no more submissions to offer.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented and spent some time considering them all. 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' admission of the breach and we independently assess his level of carelessness as low range.
The significant aggravating factors are this was Mr Innes' 5th breach in the last 12 months and his 2nd suspension this week.
We assess Mr Innes was only 1 length clear when shifting ground into the line of CONFEDERATE.
We note that Mr Grylls mount did react abruptly to the incident.
We assess Mr Innes' record to be reasonable at best.
Mr Innes and Mr Castles were unable to provide any evidence to the Committee of his riding commitments in the South Island or Sydney for the month of March. Therefore none of these dates were included in Mr Innes' proposed suspension.
The Committee is fully aware as stated above Mr Innes has no record of riding in Sydney at mid week meetings or Omakau and Cromwell therefore these dates are not included in his suspension.
Taking into account all the above factors we assess the appropriate period of suspension was 5 days.
However, after considerable deliberation we granted Mr Innes 1 day reduction, because he will not be riding in the Derby ($750,000) and Auckland Cup ($500,000) which in our view will have a significant impact on his penalty.
The Committee finally explained to Mr Innes that he is an experienced senior rider with the knowledge that Auckland Cup week was in March and any breach incurred would result in a penalty.
penalty:
We note that Mr Innes is to start a deferred suspension as per Rule 1106(2) at the completion of racing today which concludes after racing on 27th February. This resulted in a charge from racing on the 13th February.
Accordingly, we impose a suspension on Mr Innes which will commence after racing on 27th February and conclude after racing on 6th March 2013 (4 North Island days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr L Innes - Rider of KELLY O'REILLY, Mr B Castles - Riders Agent
Otherperson: Mr M Williamson -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 68b2bba256dbabf8dcd4fcd6c3e33928
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
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race_km:
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meetdate: 17/02/2013
meet_title: Auckland RC - 17 February 2013
meet_expappcomment:
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tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
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name: Auckland RC