Auckland RC 2 March 2019 – R 9 – Chair, Mr N McCutcheon
ID: JCA15141
Code:
Thoroughbred
Meet Title:
Auckland RC - 2 March 2019
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
ADooley
Race Date:
2019/03/02
Race Number:
R 9
Decision:
The Charge of Careless Riding preferred against Mr Waddell was upheld.
Penalty:
Mr Waddell’s Jockey’s Licence was suspended from the end of racing on 27 March through to the close of racing on 18 April 2019 (16 days).
The Committee had regard for the cumulative effect the two suspensions in the NZ Derby, coupled with the one he is due to serve from Matamata, would have on Mr Waddell. However safety in race riding is paramount and riders at all times should demonstrate adequate care towards fellow licence-holders.
Facts:
Following the running of Race 9 (Vodafone NZ Derby) Information No. A12146 was filed with the Judicial Committee. It was alleged by the Informant Mr Oatham that Waddell the Rider of VERNANME permitted his mount to shift out near the 500m when insufficiently clear of NOBU (P Cosgrave) which was checked.
Rule 638(1)(d) provides:
A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
careless
Mr Waddell acknowledged that he understood the Rule and confirmed that he admitted the breach. Due to Mr Waddell having two careless riding charges from the same race the Committee said that they would hear both charges and then adjourn and reach penalty decisions on both of the charges. Neither Mr Waddell nor Mr Oatham had any objections to this course of action being taken.
Mr Coles showed the film replays and identified the horses involved. He said that Mr Waddell (VERNANME) shifted out from one-off the running rail to 3-off and when riding forward shifted out onto NOBU when only half a length clear. He said that NOBU was badly checked and at no stage was VERNANME sufficiently clear. He said the Mr Waddell continued to ride forward the whole time.
After viewing the films and hearing from Mr Coles Mr Waddell requested and was granted approval by the Judicial Committee to change his plea from guilty to not-guilty.
Submissions for Decision
As the hearing then became a defended charge Mr Coles was invited by the Committee to again show the film replays and place his interpretation on same, following which Mr Waddell would be given the opportunity to question Mr Coles. Mr Cosgrave the Rider of NOBU could not be called as a witness as he had been given approval to leave the course and return to Dubai. This matter was accepted by Mr Waddell and he advised the Committee that he had agreed that he did not need Mr Cosgrave as he had initially admitted the breach.
Mr Coles then again showed all films and reiterated his earlier interpretation of the incident and added that as the field came around the bend towards the home straight that all runners with the exception of VERNANME had their heads straight or tending to be in following the rail. He pointed out on the film replays that VERNANME’S head was pointing outwards.
Mr Waddell put it to Mr Coles that Mr Bosson’s mount PRIS DE FER had its head pointing outwards. Mr Coles said that that was correct but that it was not causing any problems and had nothing to do with his incident. Mr Waddell said that he was not guilty as he had established a run inside NOBU and that Mr Cogan and his mount on the outside of NOBU had caused the interference as Mr Colgan’s mount (SURELY SACRED) had shifted in.
Summation
Mr Oatham said that Mr Waddell went from 2-wide to 3-wide and that he continued to ride out and contacted NOBU before SURELY SACRED had got up on the outside. He said that Mr Waddell continued to apply pressure to NOBU and that Mr Cosgrave the Rider became unbalanced. He said that the outward movement by Mr Waddell was for a sustained period and that Mr Colgan’s mount may have shifted minimally but that the interference was caused by Mr Waddell.
Mr Waddell said that the films were inconclusive and that it (interference) should not be put solely on him. He said that you could not see if Mr Colgan had shifted in. He said that he was sorry for his actions as he was responsible for the first charge but not solely for the second charge.
Reasons for Decision
The Committee after considering all of the submissions presented found that near the 500m Mr Waddell allowed his mount VERNANME to shift out from near the rail to a 3-wide position. In the process of shifting out when being ridden along VERNANME went into the rightful running line of NOBU when only half a length clear. This resulted in NOBU receiving a relatively severe check with the Rider Mr Cosgrave obviously being in difficulty when having to check his mount when racing between VERNANME and SURELY SACRED on his outside.
Mr Waddell in his evidence believed that SURELY SACRED had caused the interference by shifting in. The Committee rejected that submission as there was no film evidence to suggest that SURELY SACRED had shifted to any discernible degree to have caused or contributed to the interference that NOBU suffered.
Submissions for Penalty:
Mr Oatham said that Mr Waddell now had 7 breaches of the Rule in the last 12 months. He placed the carelessness in the mid-range and invited the Committee to factor into the decision that the interference was in a Group 1 Race with a $1,000,000 stake. He said the status of the race was a significant aggravating factor.
Mr Waddell said that today was a terrible let-down. He said that his horse only finished 9th and to add on what you want (suspension) but said that he did not want a fine also.
Reasons for Penalty:
The Committee found the carelessness to be in the mid to high-range category as Mr Waddell continued to ride his horse along while interference was happening and at no time did he take any corrective action. We adopted a 9-day starting point after having regard to the JCA Penalty Guide. Due to Mr Waddell’s poor record an uplift of 3-days was considered appropriate with a further 4-days added on due to the race being a Group 1 with a $1,000,000 stake on offer. This is in accordance with the provisions of Rule 920(2).
There can be no discount for admission of the breach but equally we apply no uplift for the fact the charge was defended, as that is Mr Waddell’s right.
The Committee took into account the Premier race meetings Mr Waddell would miss during his suspension.
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: 6f1a6d7f67826d97e2247bcf7125df4b
informantnumber: A12146
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 04/03/2019
hearing_title: Auckland RC 2 March 2019 - R 9 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 9 (Vodafone NZ Derby) Information No. A12146 was filed with the Judicial Committee. It was alleged by the Informant Mr Oatham that Waddell the Rider of VERNANME permitted his mount to shift out near the 500m when insufficiently clear of NOBU (P Cosgrave) which was checked.
Rule 638(1)(d) provides:
A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
careless
Mr Waddell acknowledged that he understood the Rule and confirmed that he admitted the breach. Due to Mr Waddell having two careless riding charges from the same race the Committee said that they would hear both charges and then adjourn and reach penalty decisions on both of the charges. Neither Mr Waddell nor Mr Oatham had any objections to this course of action being taken.
Mr Coles showed the film replays and identified the horses involved. He said that Mr Waddell (VERNANME) shifted out from one-off the running rail to 3-off and when riding forward shifted out onto NOBU when only half a length clear. He said that NOBU was badly checked and at no stage was VERNANME sufficiently clear. He said the Mr Waddell continued to ride forward the whole time.
After viewing the films and hearing from Mr Coles Mr Waddell requested and was granted approval by the Judicial Committee to change his plea from guilty to not-guilty.
Submissions for Decision
As the hearing then became a defended charge Mr Coles was invited by the Committee to again show the film replays and place his interpretation on same, following which Mr Waddell would be given the opportunity to question Mr Coles. Mr Cosgrave the Rider of NOBU could not be called as a witness as he had been given approval to leave the course and return to Dubai. This matter was accepted by Mr Waddell and he advised the Committee that he had agreed that he did not need Mr Cosgrave as he had initially admitted the breach.
Mr Coles then again showed all films and reiterated his earlier interpretation of the incident and added that as the field came around the bend towards the home straight that all runners with the exception of VERNANME had their heads straight or tending to be in following the rail. He pointed out on the film replays that VERNANME’S head was pointing outwards.
Mr Waddell put it to Mr Coles that Mr Bosson’s mount PRIS DE FER had its head pointing outwards. Mr Coles said that that was correct but that it was not causing any problems and had nothing to do with his incident. Mr Waddell said that he was not guilty as he had established a run inside NOBU and that Mr Cogan and his mount on the outside of NOBU had caused the interference as Mr Colgan’s mount (SURELY SACRED) had shifted in.
Summation
Mr Oatham said that Mr Waddell went from 2-wide to 3-wide and that he continued to ride out and contacted NOBU before SURELY SACRED had got up on the outside. He said that Mr Waddell continued to apply pressure to NOBU and that Mr Cosgrave the Rider became unbalanced. He said that the outward movement by Mr Waddell was for a sustained period and that Mr Colgan’s mount may have shifted minimally but that the interference was caused by Mr Waddell.
Mr Waddell said that the films were inconclusive and that it (interference) should not be put solely on him. He said that you could not see if Mr Colgan had shifted in. He said that he was sorry for his actions as he was responsible for the first charge but not solely for the second charge.
Reasons for Decision
The Committee after considering all of the submissions presented found that near the 500m Mr Waddell allowed his mount VERNANME to shift out from near the rail to a 3-wide position. In the process of shifting out when being ridden along VERNANME went into the rightful running line of NOBU when only half a length clear. This resulted in NOBU receiving a relatively severe check with the Rider Mr Cosgrave obviously being in difficulty when having to check his mount when racing between VERNANME and SURELY SACRED on his outside.
Mr Waddell in his evidence believed that SURELY SACRED had caused the interference by shifting in. The Committee rejected that submission as there was no film evidence to suggest that SURELY SACRED had shifted to any discernible degree to have caused or contributed to the interference that NOBU suffered.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The Charge of Careless Riding preferred against Mr Waddell was upheld.
sumissionsforpenalty:
Mr Oatham said that Mr Waddell now had 7 breaches of the Rule in the last 12 months. He placed the carelessness in the mid-range and invited the Committee to factor into the decision that the interference was in a Group 1 Race with a $1,000,000 stake. He said the status of the race was a significant aggravating factor.
Mr Waddell said that today was a terrible let-down. He said that his horse only finished 9th and to add on what you want (suspension) but said that he did not want a fine also.
reasonsforpenalty:
The Committee found the carelessness to be in the mid to high-range category as Mr Waddell continued to ride his horse along while interference was happening and at no time did he take any corrective action. We adopted a 9-day starting point after having regard to the JCA Penalty Guide. Due to Mr Waddell’s poor record an uplift of 3-days was considered appropriate with a further 4-days added on due to the race being a Group 1 with a $1,000,000 stake on offer. This is in accordance with the provisions of Rule 920(2).
There can be no discount for admission of the breach but equally we apply no uplift for the fact the charge was defended, as that is Mr Waddell’s right.
The Committee took into account the Premier race meetings Mr Waddell would miss during his suspension.
penalty:
Mr Waddell’s Jockey’s Licence was suspended from the end of racing on 27 March through to the close of racing on 18 April 2019 (16 days).
The Committee had regard for the cumulative effect the two suspensions in the NZ Derby, coupled with the one he is due to serve from Matamata, would have on Mr Waddell. However safety in race riding is paramount and riders at all times should demonstrate adequate care towards fellow licence-holders.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr J Waddell - Rider of VERNANME
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: abdcced6fb78e39a3aca0808e240b5bb
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: 9481e9194e7635432d50babab3f90f8f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/03/2019
meet_title: Auckland RC - 2 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: ADooley
meet_pm2: none
name: Auckland RC