Auckland RC 29 September 2012 – R 7
ID: JCA16660
Code:
Thoroughbred
Meet Title:
Auckland RC - 29 September 2012
Meet Chair:
RSeabrook
Meet Committee Member 1:
ADooley
Race Date:
2012/09/29
Race Number:
R7
Decision:
Accordingly for the reasons above we find the charge proved.
Penalty:
Accordingly we impose a suspension on Mr Innes from riding in races which is to start after racing on 6 October and conclude after racing on 15 October 2012 (6 days).
Charge:
Careless riding
Facts:
Following race 7 an information was filed pursuant to rule 638(1) (d). Mr Oatham alleged that Mr L Innes permitted his mount SWIPER THE FOX to shift inwards when not sufficiently clear of MACKA'S BACK near the 100 metres.
Before asking Mr Robinson to demonstrate the video films Mr Oatham explained to the committee there was no direct head on film available due to health issues of the camera operator at the time. However he said there were back on and side on films which the stewards would demonstrate and they believed these provided ample evidence for the committee to reach a fair and correct decision.
Submissions for Decision:
Mr Robinson demonstrated the video films pointing out to the committee SWIPER THE FOX ridden by Mr Innes racing in a 4 wide position approaching the 200 metres. Mr Robinson said Mr Innes then angled his mount in to take a gap on the inside of HAYLEY'S COMET (Mr C Grylls) and in doing so took the line of MACKA'S BACK (Mr V Colgan). He submitted that Mr Grylls maintained a straight line and at no stage was Mr Innes the required distance clear of Mr Colgan when moving in. He estimated this to be 3/4 length.
Mr Innes had no questions of Mr Robinson's interpretation of the video films. Mr Innes in his submissions said it would be very difficult for the committee to find a charge proved when there was no head on film available. He stated he was entitled to take the gap available and MACKA'S BACK may have shied at the 100 metre post contributing to the interference. Mr Innes also submitted that Miss T Collett who was in front of him and on the rail had also moved out slightly.
Mr Oatham then called Mr Colgan to give evidence who conceded his mount was under pressure and tiring at the time and was hanging out slightly. He stated that Mr Innes had taken a gap ahead of him when approximately 1 1/4 lengths clear. Mr Colgan said this caused him to be tightened and he had to take a hold in order to check his mount.
In answer to a question from the committee Mr Colgan confirmed he kept a straight line prior to the interference. Mr Colgan when questioned by the committee said that MACKA'S BACK did not shy at the 100 metre post.
Mr Innes asked Mr Colgan if he was 100% certain that MACKA'S BACK had not baulked at the 100 metre post to which Mr Colgan replied "no he did not". Mr Innes then asked him if he thought Miss T Collett had contributed to the incident by moving out slightly. Mr Colgan conceded she did move slightly and the culpability of the interference was probably 80% by Mr Innes and 20% by Miss Collett.
Mr Innes, in summing up, again reiterated the absence of a head on film was not helpful in him pleading his case. However he said he did not deny Mr Colgan had to check but asked the committee to consider Mr Colgan's evidence in which he believed Miss Collett had contributed to the interference. He concluded his statement by saying as there was no head on film available he should be given the benefit of the doubt and the charge should be dismissed.
Mr Oatham in his summing up said while it was unfortunate there was not a head on film he was satisfied that the films that were available provided sufficient evidence for the committee to reach a decision. He conceded that Miss T Collett had moved out slightly but this had no major bearing on the incident. Mr Oatham said that Mr Innes had continued to move in from his 4 wide position to a 1 off position and was not sufficiently clear of Mr Colgan in doing so.
Reasons for Decision:
The committee has carefully considered all evidence and submissions and reviewed the available films several times. It was clearly evident on the films that at the 200 metres Mr Innes was 4 off the rail and that approaching the 100 metres he angled in for a gap inside Mr Grylls which took him into the line of Mr Colgan when approximately 3/4 of a length clear.
When the latter portion of the head on film became available it was clear that Miss T Collett was hard on the rail with Mr Innes directly in front of Mr Colgan and 1 off the rail. The committee certainly took into account the concerns of Mr Innes that there was no head on film available. However all the films that were available, as well as the evidence heard from Mr Colgan, Mr Robinson and Mr Oatham leave us in no doubt that Mr Innes was not the required distance clear of Mr Colgan when moving in.
Submissions for Penalty:
Mr Oatham submitted that Mr Innes had incurred 6 charges in the last 12 months. He conceded it was unfortunate that there was no head on film available but was comfortable with the films that were shown, as well as the evidence heard and that the committee had enough evidence to consider. He submitted today's breach to be mid range.
Mr Innes confirmed to the committee that he had confirmed rides up to and including 6 October and he rode throughout NZ. In answer to a question from the committee regarding South Island meetings he said he intended to ride at Invercargill on 12 October for Mr Pitman and at Waimate on 15 October where there was a strong possibility that Waterford was starting.
Reasons for Penalty:
The committee carefully considered the penalty submissions. The only mitigating factor is that Miss Collett may have moved out slightly contributing to the interference. We say may, because the only head on film available was from the 100 metre mark, which showed Miss Collett hard on the rail, with Mr Innes directly in front of Mr Colgan and 1 off the rail. The aggravating factors are Mr Innes' record with this being his 7th charge in 12 months and the sharp check received by Mr Colgan caused by Mr Innes moving in when insufficiently clear. The committee must also consider this was a listed race for $50,000. We find this breach to be in the mid range.
Taking all these facts into account in normal circumstances the committee believes an appropriate penalty would be a 7 day suspension but because of the mitigating factor described we reduce this to one of 6 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: d176da4a79e969d4f45398a847b339ec
informantnumber: 4546
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 05/09/2012
hearing_title: Auckland RC 29 September 2012 - R 7
charge:
Careless riding
facts:
Following race 7 an information was filed pursuant to rule 638(1) (d). Mr Oatham alleged that Mr L Innes permitted his mount SWIPER THE FOX to shift inwards when not sufficiently clear of MACKA'S BACK near the 100 metres.
Before asking Mr Robinson to demonstrate the video films Mr Oatham explained to the committee there was no direct head on film available due to health issues of the camera operator at the time. However he said there were back on and side on films which the stewards would demonstrate and they believed these provided ample evidence for the committee to reach a fair and correct decision.
appealdecision:
isappeal:
submissionsfordecision:
Mr Robinson demonstrated the video films pointing out to the committee SWIPER THE FOX ridden by Mr Innes racing in a 4 wide position approaching the 200 metres. Mr Robinson said Mr Innes then angled his mount in to take a gap on the inside of HAYLEY'S COMET (Mr C Grylls) and in doing so took the line of MACKA'S BACK (Mr V Colgan). He submitted that Mr Grylls maintained a straight line and at no stage was Mr Innes the required distance clear of Mr Colgan when moving in. He estimated this to be 3/4 length.
Mr Innes had no questions of Mr Robinson's interpretation of the video films. Mr Innes in his submissions said it would be very difficult for the committee to find a charge proved when there was no head on film available. He stated he was entitled to take the gap available and MACKA'S BACK may have shied at the 100 metre post contributing to the interference. Mr Innes also submitted that Miss T Collett who was in front of him and on the rail had also moved out slightly.
Mr Oatham then called Mr Colgan to give evidence who conceded his mount was under pressure and tiring at the time and was hanging out slightly. He stated that Mr Innes had taken a gap ahead of him when approximately 1 1/4 lengths clear. Mr Colgan said this caused him to be tightened and he had to take a hold in order to check his mount.
In answer to a question from the committee Mr Colgan confirmed he kept a straight line prior to the interference. Mr Colgan when questioned by the committee said that MACKA'S BACK did not shy at the 100 metre post.
Mr Innes asked Mr Colgan if he was 100% certain that MACKA'S BACK had not baulked at the 100 metre post to which Mr Colgan replied "no he did not". Mr Innes then asked him if he thought Miss T Collett had contributed to the incident by moving out slightly. Mr Colgan conceded she did move slightly and the culpability of the interference was probably 80% by Mr Innes and 20% by Miss Collett.
Mr Innes, in summing up, again reiterated the absence of a head on film was not helpful in him pleading his case. However he said he did not deny Mr Colgan had to check but asked the committee to consider Mr Colgan's evidence in which he believed Miss Collett had contributed to the interference. He concluded his statement by saying as there was no head on film available he should be given the benefit of the doubt and the charge should be dismissed.
Mr Oatham in his summing up said while it was unfortunate there was not a head on film he was satisfied that the films that were available provided sufficient evidence for the committee to reach a decision. He conceded that Miss T Collett had moved out slightly but this had no major bearing on the incident. Mr Oatham said that Mr Innes had continued to move in from his 4 wide position to a 1 off position and was not sufficiently clear of Mr Colgan in doing so.
reasonsfordecision:
The committee has carefully considered all evidence and submissions and reviewed the available films several times. It was clearly evident on the films that at the 200 metres Mr Innes was 4 off the rail and that approaching the 100 metres he angled in for a gap inside Mr Grylls which took him into the line of Mr Colgan when approximately 3/4 of a length clear.
When the latter portion of the head on film became available it was clear that Miss T Collett was hard on the rail with Mr Innes directly in front of Mr Colgan and 1 off the rail. The committee certainly took into account the concerns of Mr Innes that there was no head on film available. However all the films that were available, as well as the evidence heard from Mr Colgan, Mr Robinson and Mr Oatham leave us in no doubt that Mr Innes was not the required distance clear of Mr Colgan when moving in.
Decision:
Accordingly for the reasons above we find the charge proved.
sumissionsforpenalty:
Mr Oatham submitted that Mr Innes had incurred 6 charges in the last 12 months. He conceded it was unfortunate that there was no head on film available but was comfortable with the films that were shown, as well as the evidence heard and that the committee had enough evidence to consider. He submitted today's breach to be mid range.
Mr Innes confirmed to the committee that he had confirmed rides up to and including 6 October and he rode throughout NZ. In answer to a question from the committee regarding South Island meetings he said he intended to ride at Invercargill on 12 October for Mr Pitman and at Waimate on 15 October where there was a strong possibility that Waterford was starting.
reasonsforpenalty:
The committee carefully considered the penalty submissions. The only mitigating factor is that Miss Collett may have moved out slightly contributing to the interference. We say may, because the only head on film available was from the 100 metre mark, which showed Miss Collett hard on the rail, with Mr Innes directly in front of Mr Colgan and 1 off the rail. The aggravating factors are Mr Innes' record with this being his 7th charge in 12 months and the sharp check received by Mr Colgan caused by Mr Innes moving in when insufficiently clear. The committee must also consider this was a listed race for $50,000. We find this breach to be in the mid range.
Taking all these facts into account in normal circumstances the committee believes an appropriate penalty would be a 7 day suspension but because of the mitigating factor described we reduce this to one of 6 days.
penalty:
Accordingly we impose a suspension on Mr Innes from riding in races which is to start after racing on 6 October and conclude after racing on 15 October 2012 (6 days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr L Innes - Licensed Jockey
Otherperson: Mr W Robinson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d5abb868f6abf170a2c63cd208f1a1b6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1eec293f04cce9851aeffd5055bc6b33
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/09/2012
meet_title: Auckland RC - 29 September 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "310", "Total": "192.2", "kmprice": 192.19999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: RSeabrook
meet_pm1: ADooley
meet_pm2: none
name: Auckland RC