Auckland RC 27 January 2018 – R 4 – Chair, Mr A Dooley
ID: JCA13106
Code:
Thoroughbred
Meet Title:
Auckland RC - 27 January 2018
Meet Chair:
ADooley
Meet Committee Member 1:
NMcCutcheon
Race Date:
2018/01/27
Race Number:
R4
Decision:
As Mr Innes admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Innes had his license to ride in races suspended for a period to commence after racing on 27 January and conclude after racing on 16 February 2018.
29 January at Te Teko was not included in Mr Innes’ penalty because the declaration of riders had closed.
Facts:
Following the running of race 4, Karaka Million 3YO Classic, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Mr Innes allowed EVER LOYAL to shift out over the final 50 metres causing interference to KAPOOR.
Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Oatham demonstrated the incident using the available video footage. He identified that Mr Innes permitted his mount to shift out over the final 50 metres when under a hard ride with the whip. He said this caused interference to KAPOOR.
Mr Innes said that EVER LOYAL saw the white signs on the infield and that is why his mount shift out. He said that he wasn’t aware Ms Johnson was racing in close proximity to him. He added that Ms Johnson never called out.
Submissions for Penalty:
Mr Oatham produced Mr Innes’ record which showed 3 previous breaches under this Rule in the last 12 months. He said it was a good record but noted that Mr Innes never stopped riding EVER LOYAL when it was shifting out which resulted in interference to KAPOOR. He said as a consequence of that EVER LOYAL was relegated from 3rd to 5th place. He said the incident occurred in a Listed Race worth $1 million which is the joint equal richest race in the country. Mr Oatham submitted that the overall carelessness was in the mid-range and a suspension in line with that would be appropriate.
Mr Innes advised that he had no upcoming engagements and any proposed suspension could start immediately.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee observed that Mr Innes continued to ride his mount forward with the whip and at no time during the outward shift did he take any corrective action. As a consequence KAPOOR was forced out wider on the track over the final 50 metres of the race. We deemed the level of carelessness to be in the mid-range.
The JCA Penalty Guide starting point for mid-range carelessness is 8 national riding days.
The Committee adopted 8 days as the starting point.
The Committee had regard for Rule 920 (2) when fixing penalty.
RULE 920 (2):
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
The aggravating factors were the incident occurred in a Listed Race with $1 million stakes payable and as a consequence of Mr Innes’ actions his mount was relegated from 3rd to 5th place. For these combined factors an uplift in penalty was applied.
The mitigating factors were Mr Innes’ admission of the breach and his good record. For these combined factors we afforded Mr Innes a 1 day reduction in penalty.
After taking into account all the above factors the Committee considered that an appropriate suspension was 12 national riding days.
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: 42c5491d6b2066d45cb8caa0ce4902a8
informantnumber: A10040
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 29/01/2018
hearing_title: Auckland RC 27 January 2018 - R 4 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 4, Karaka Million 3YO Classic, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Mr Innes allowed EVER LOYAL to shift out over the final 50 metres causing interference to KAPOOR.
Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Oatham demonstrated the incident using the available video footage. He identified that Mr Innes permitted his mount to shift out over the final 50 metres when under a hard ride with the whip. He said this caused interference to KAPOOR.
Mr Innes said that EVER LOYAL saw the white signs on the infield and that is why his mount shift out. He said that he wasn’t aware Ms Johnson was racing in close proximity to him. He added that Ms Johnson never called out.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Innes admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Innes’ record which showed 3 previous breaches under this Rule in the last 12 months. He said it was a good record but noted that Mr Innes never stopped riding EVER LOYAL when it was shifting out which resulted in interference to KAPOOR. He said as a consequence of that EVER LOYAL was relegated from 3rd to 5th place. He said the incident occurred in a Listed Race worth $1 million which is the joint equal richest race in the country. Mr Oatham submitted that the overall carelessness was in the mid-range and a suspension in line with that would be appropriate.
Mr Innes advised that he had no upcoming engagements and any proposed suspension could start immediately.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee observed that Mr Innes continued to ride his mount forward with the whip and at no time during the outward shift did he take any corrective action. As a consequence KAPOOR was forced out wider on the track over the final 50 metres of the race. We deemed the level of carelessness to be in the mid-range.
The JCA Penalty Guide starting point for mid-range carelessness is 8 national riding days.
The Committee adopted 8 days as the starting point.
The Committee had regard for Rule 920 (2) when fixing penalty.
RULE 920 (2):
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
The aggravating factors were the incident occurred in a Listed Race with $1 million stakes payable and as a consequence of Mr Innes’ actions his mount was relegated from 3rd to 5th place. For these combined factors an uplift in penalty was applied.
The mitigating factors were Mr Innes’ admission of the breach and his good record. For these combined factors we afforded Mr Innes a 1 day reduction in penalty.
After taking into account all the above factors the Committee considered that an appropriate suspension was 12 national riding days.
penalty:
Accordingly, Mr Innes had his license to ride in races suspended for a period to commence after racing on 27 January and conclude after racing on 16 February 2018.
29 January at Te Teko was not included in Mr Innes’ penalty because the declaration of riders had closed.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr L Innes - Rider of EVER LOYAL
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: fadcfb8683dde737b3e4f7e002dac22c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b05bface5bf1b42dc832ca3fdac4b488
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/01/2018
meet_title: Auckland RC - 27 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: NMcCutcheon
meet_pm2: none
name: Auckland RC