Auckland RC 28 February 2015 – R 9
ID: JCA11387
Code:
Thoroughbred
Meet Title:
Auckland RC - 28 February 2015
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2015/02/28
Race Number:
R9
Decision:
As Mr Nolan admitted the breach we find the charge proved.
Penalty:
Accordingly, Mr Nolan had his license to ride in races suspended for a period to commence after racing on 28 February and conclude after racing on 12 March 2015 (7 North Island days).
Facts:
Following the running of race 9, TV 3 New Zealand Derby Group 1, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Neal, alleged that Mr Nolan (NYMPH MONTE) shifted inwards passing the 2150 metres when not clear of SEALED BY A DANCE (R Jones) which was checked.
Mr Nolan acknowledged that he understood the nature of the charge, 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.
Mr Oatham identified on the video films that Mr Nolan’s mount had started from the outside barrier (17). He showed where Mr Nolan commenced to shift in on an abrupt angle approximately 200 metres after the start. He said in doing so this resulted in Mr Jones being checked sharply.
Mr Nolan confirmed that he drew the outside gate. Mr Nolan told the Committee that he saw a gap on the inside and made a split decision to shift in. He conceded that he shaved Mr Jones’ mount.
Submissions for Penalty:
Mr Neal produced Mr Nolan’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being on 16 January 2015 at Matamata which attracted a 4 day suspension. He said the manoeuvre Mr Nolan made was high risk and would have got high reward had it come off. He said SEALED BY A DANCE received a sharp check and assessed the interference in the high range. He said with a starting point of 5 days an uplift was appropriate because the incident occurred in a Group 1 race worth $750,000. He said that Mr Nolan ought to be given credit for his admission of the breach and submitted a suspension of not less than 7 days.
Mr Nolan advised that he had no upcoming engagements and any proposed suspension could start immediately. He submitted that a high range assessment of the incident was harsh and he considered the carelessness to be lower than that.
Mr Nolan confirmed that he rode only in the North Island.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. 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 Nolan’s admission of the breach and his good record in relation to this Rule. The aggravating factors are this breach occurred in a Group 1 race worth $750,000. We assess the level of carelessness as slightly above mid – range noting that SEALED BY A DANCE received a sharp check when Mr Nolan was not the required distance clear when moving in. We concur with the Stewards that Mr Nolan's inward manoeuvre was certainly high risk and when reviewing the films he was fortunate only one horse was checked.
The Committee has factored into their decision the requirements of Rule 920 (2) which provides that on finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty the Judicial Committee have regard to such matters as it considers appropriate including:
(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.
After taking into account all the above factors the Committee considers an appropriate penalty is a 7 day 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: 266eb9a0763bbbffb5ebd15911594b5d
informantnumber: A4366
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 02/03/2015
hearing_title: Auckland RC 28 February 2015 - R 9
charge:
facts:
Following the running of race 9, TV 3 New Zealand Derby Group 1, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Neal, alleged that Mr Nolan (NYMPH MONTE) shifted inwards passing the 2150 metres when not clear of SEALED BY A DANCE (R Jones) which was checked.
Mr Nolan acknowledged that he understood the nature of the charge, 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.
Mr Oatham identified on the video films that Mr Nolan’s mount had started from the outside barrier (17). He showed where Mr Nolan commenced to shift in on an abrupt angle approximately 200 metres after the start. He said in doing so this resulted in Mr Jones being checked sharply.
Mr Nolan confirmed that he drew the outside gate. Mr Nolan told the Committee that he saw a gap on the inside and made a split decision to shift in. He conceded that he shaved Mr Jones’ mount.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Nolan admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Neal produced Mr Nolan’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being on 16 January 2015 at Matamata which attracted a 4 day suspension. He said the manoeuvre Mr Nolan made was high risk and would have got high reward had it come off. He said SEALED BY A DANCE received a sharp check and assessed the interference in the high range. He said with a starting point of 5 days an uplift was appropriate because the incident occurred in a Group 1 race worth $750,000. He said that Mr Nolan ought to be given credit for his admission of the breach and submitted a suspension of not less than 7 days.
Mr Nolan advised that he had no upcoming engagements and any proposed suspension could start immediately. He submitted that a high range assessment of the incident was harsh and he considered the carelessness to be lower than that.
Mr Nolan confirmed that he rode only in the North Island.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. 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 Nolan’s admission of the breach and his good record in relation to this Rule. The aggravating factors are this breach occurred in a Group 1 race worth $750,000. We assess the level of carelessness as slightly above mid – range noting that SEALED BY A DANCE received a sharp check when Mr Nolan was not the required distance clear when moving in. We concur with the Stewards that Mr Nolan's inward manoeuvre was certainly high risk and when reviewing the films he was fortunate only one horse was checked.
The Committee has factored into their decision the requirements of Rule 920 (2) which provides that on finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty the Judicial Committee have regard to such matters as it considers appropriate including:
(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.
After taking into account all the above factors the Committee considers an appropriate penalty is a 7 day suspension.
penalty:
Accordingly, Mr Nolan had his license to ride in races suspended for a period to commence after racing on 28 February and conclude after racing on 12 March 2015 (7 North Island days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr R Neal - Co Chief Stipendiary Steward
JockeysandTrainer: Mr D Nolan - Licensed Jockey
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d37ceb1d0da47ff189a4f4426a0c41ce
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6e27e183bb649a5e718c62154e0db5fe
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/02/2015
meet_title: Auckland RC - 28 February 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland RC