Archive Decision

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Auckland RC 26 December 2020 – R 6 – Chair, Mr G Jones

ID: JCA12188

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr V Colgan - Rider of ONCE MORE TIME

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A13437

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 26 December 2020

Meet Chair:
GJones

Meet Committee Member 1:
BScott

Race Date:
2020/12/26

Race Number:
R6

Decision:

As Mr Colgan admitted the breach the Committee found the charge proved.

Penalty:

The Committee granted Mr Colgan a deferment to his suspension pursuant to Rule 1106(2). Accordingly, his licence to ride in races is suspended for a period of 4 days commencing after racing on 1 January 2021 and concluding after racing on 7 January 2021.

Facts:

This charge arises from the running of race 6, the Shaw’s Wire Ropes Uncle Remus Stakes ($60,000 Listed Race). Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the rider of ONE MORE TIME (V Colgan), permitted his mount to shift out near the 1200 metres when insufficiently clear of OPALESCENCE which was hampered when crowded.

Mr Colgan acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Using the available race films Stipendiary Steward, Mr Coles demonstrated the incident and identified the horses and riders concerned; namely ONE MORE TIME (V Colgan) and OPALESCENCE (J Fawcett).

He told the Committee that approaching the 1200-metre mark Mr Colgan shifted his mount from the rail to a one-off position. In doing so he was no more than a length clear of OPALESCENCE who was checked and placed in to restricted racing room. As a consequence, OPALESCENCE had to be restrained and lost ground.

In response, Mr Colgan stated that he planned to race in a one-off position and didn’t realise that OPALESCENCE was on his outer.

Submissions for Penalty:

Mr Oatham produced Mr Colgan’s riding record which indicated no previous breaches under the careless riding Rule in the last 12 months. He said that Mr Colgan has had 195 race day rides during the 12-month period, which included time off recovering from an operation.

Mr Oatham said Stewards assessed the level of carelessness to be in the low to mid-range. He identified the fact that the breach occurred in a Listed race with a stake of $60,000. He submitted that any proposed suspension should be commensurate with a low to mid-range penalty.

Mr Colgan sought a deferment to any proposed suspension until after racing on 1 January 2021 and offered no submissions as to penalty.

Reasons for Penalty:

After considering the submissions and reviewing the race film and the Committee determined Mr Colgan’s carelessness to be mid-range and adopted a 5-day (suspension) and $500 (fine) as the starting point. This conforms with the Penalty Guide which recommends a 5 day/$500 fine as the starting point for mid-range carelessness.

The available films clearly established that Mr Colgan allowed his mount to shift out when not clear of OPALESCENCE who was buffeted and placed in restricted room, thus placing Mr Colgan’s culpability in the mid-range.

Mr Colgan’s riding record was assessed as excellent. It is of some note that his previous breach of the careless riding Rule occurred in November 2018. Notwithstanding he has had some time off due to COVID and recovery from injury it is to his credit that it is over 2 years since he breached the Rule. On that basis for his admission of the breach and excellent record we apply a 2-day reduction from the starting point.

In accordance with Rule 920(2) the Committee noted the fact that this breach occurred in a Listed race with stakes payable of $60,000. On that basis the Committee applied a 1-day (suspension) and $100 (fine) uplift.

After taking into account all the above factors the Committee considered that an appropriate suspension was 4 (national) days and $600 fine.

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: 3d439799521c323260cb0082fbe00da4


informantnumber: A13437


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 28/12/2020


hearing_title: Auckland RC 26 December 2020 – R 6 – Chair, Mr G Jones


charge:


facts:

This charge arises from the running of race 6, the Shaw’s Wire Ropes Uncle Remus Stakes ($60,000 Listed Race). Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the rider of ONE MORE TIME (V Colgan), permitted his mount to shift out near the 1200 metres when insufficiently clear of OPALESCENCE which was hampered when crowded.

Mr Colgan acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Using the available race films Stipendiary Steward, Mr Coles demonstrated the incident and identified the horses and riders concerned; namely ONE MORE TIME (V Colgan) and OPALESCENCE (J Fawcett).

He told the Committee that approaching the 1200-metre mark Mr Colgan shifted his mount from the rail to a one-off position. In doing so he was no more than a length clear of OPALESCENCE who was checked and placed in to restricted racing room. As a consequence, OPALESCENCE had to be restrained and lost ground.

In response, Mr Colgan stated that he planned to race in a one-off position and didn’t realise that OPALESCENCE was on his outer.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Colgan admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Colgan’s riding record which indicated no previous breaches under the careless riding Rule in the last 12 months. He said that Mr Colgan has had 195 race day rides during the 12-month period, which included time off recovering from an operation.

Mr Oatham said Stewards assessed the level of carelessness to be in the low to mid-range. He identified the fact that the breach occurred in a Listed race with a stake of $60,000. He submitted that any proposed suspension should be commensurate with a low to mid-range penalty.

Mr Colgan sought a deferment to any proposed suspension until after racing on 1 January 2021 and offered no submissions as to penalty.


reasonsforpenalty:

After considering the submissions and reviewing the race film and the Committee determined Mr Colgan’s carelessness to be mid-range and adopted a 5-day (suspension) and $500 (fine) as the starting point. This conforms with the Penalty Guide which recommends a 5 day/$500 fine as the starting point for mid-range carelessness.

The available films clearly established that Mr Colgan allowed his mount to shift out when not clear of OPALESCENCE who was buffeted and placed in restricted room, thus placing Mr Colgan’s culpability in the mid-range.

Mr Colgan’s riding record was assessed as excellent. It is of some note that his previous breach of the careless riding Rule occurred in November 2018. Notwithstanding he has had some time off due to COVID and recovery from injury it is to his credit that it is over 2 years since he breached the Rule. On that basis for his admission of the breach and excellent record we apply a 2-day reduction from the starting point.

In accordance with Rule 920(2) the Committee noted the fact that this breach occurred in a Listed race with stakes payable of $60,000. On that basis the Committee applied a 1-day (suspension) and $100 (fine) uplift.

After taking into account all the above factors the Committee considered that an appropriate suspension was 4 (national) days and $600 fine.


penalty:

The Committee granted Mr Colgan a deferment to his suspension pursuant to Rule 1106(2). Accordingly, his licence to ride in races is suspended for a period of 4 days commencing after racing on 1 January 2021 and concluding after racing on 7 January 2021.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr V Colgan - Rider of ONCE MORE TIME


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: fb71a56ed8b27f9ef6a6a22623b9915e


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: 074c6f57c9fa4091c69cf7c4ac4946a1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/12/2020


meet_title: Auckland RC - 26 December 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: BScott


meet_pm2: none


name: Auckland RC