Archive Decision

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Auckland RC 31 March 2012 – R 7

ID: JCA17840

Applicant:
Mr J Oatham

Respondent(s):
Mr M Sweeney

Other Person:
Mr A Coles

Information Number:
2191

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 31 March 2012

Meet Chair:
RSeabrook

Meet Committee Member 1:
GJones

Race Date:
2012/03/31

Race Number:
R 7

Decision:

As the breach was admitted we find the charge proved.

Penalty:

After taking all the above into account and under the provisions of rule 1106(2) we impose a suspension on Mr Sweeney from riding in races which is to start after racing on 4 April and conclude after racing on 10 April 2012 (4 days).

Charge:

Careless riding.

Facts:

Following race 7 an information was filed pursuant to rule 638(1) (d). The informant, Mr J Oatham, alleged that Mr M Sweeney permitted his mount LUCY INDISGUISE to shift outwards inside the final 100 metres. He stated that Mr Sweeney was not sufficiently clear and dictated the line of THORN STAR (Mr M Hills) outwards causing crowding to BROKASH (Miss N Wenn) and LAGO DA BARRA (Mr C Dell) which were checked.

Submissions for Decision:

Mr Coles demonstrated the video films and pointed out to the committee LUCY IN DISGUISE racing in a 1 off position approaching the final 100 metres. Racing on her outside was THORN STAR with BROKASH on her outside. The films showed THORN STAR starting to improve up on the outside of LUCY IN DISGUISE which Mr Coles said she was entitled to do. At this stage Mr Sweeney also urged LUCY IN DISGUISE forward but in doing so started an outward movement dictating the line of THORN STAR which caused crowding to BROKASH and LAGO DA BARA. Mr Coles submitted that Mr Sweeney moved out 2 horse widths to a position of 4 off and was only a bare length clear of Mr Hills when doing so.

Mr Sweeney in admitting the charge said it was clear he had come out but also believed TSARDURKA ridden by Mr D Nolan who was racing further out had moved in slightly adding to the crowding.

Submissions for Penalty:

Mr Oatham said Mr Sweeney had a good record with 3 suspensions in the last 12 months. He submitted today’s charge was in the low to mid range and conceded there was some inward movement from BROKASH and TSARDURKA.

Mr Sweeney said he had commitments up to and including 4 April.

Reasons for Penalty:

The committee carefully considered all evidence and submissions. In mitigation Mr Sweeney has admitted the breach and has a good record. While he was not the required distance clear of Mr Hills when moving out there was some contribution from the outside horses moving in slightly. The committee finds this breach at the lower end of carelessness.

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: f5343c05f5bd42a832e69a3810c2f769


informantnumber: 2191


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 02/04/2012


hearing_title: Auckland RC 31 March 2012 - R 7


charge:

Careless riding.


facts:

Following race 7 an information was filed pursuant to rule 638(1) (d). The informant, Mr J Oatham, alleged that Mr M Sweeney permitted his mount LUCY INDISGUISE to shift outwards inside the final 100 metres. He stated that Mr Sweeney was not sufficiently clear and dictated the line of THORN STAR (Mr M Hills) outwards causing crowding to BROKASH (Miss N Wenn) and LAGO DA BARRA (Mr C Dell) which were checked.


appealdecision:


isappeal:


submissionsfordecision:

Mr Coles demonstrated the video films and pointed out to the committee LUCY IN DISGUISE racing in a 1 off position approaching the final 100 metres. Racing on her outside was THORN STAR with BROKASH on her outside. The films showed THORN STAR starting to improve up on the outside of LUCY IN DISGUISE which Mr Coles said she was entitled to do. At this stage Mr Sweeney also urged LUCY IN DISGUISE forward but in doing so started an outward movement dictating the line of THORN STAR which caused crowding to BROKASH and LAGO DA BARA. Mr Coles submitted that Mr Sweeney moved out 2 horse widths to a position of 4 off and was only a bare length clear of Mr Hills when doing so.

Mr Sweeney in admitting the charge said it was clear he had come out but also believed TSARDURKA ridden by Mr D Nolan who was racing further out had moved in slightly adding to the crowding.


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham said Mr Sweeney had a good record with 3 suspensions in the last 12 months. He submitted today’s charge was in the low to mid range and conceded there was some inward movement from BROKASH and TSARDURKA.

Mr Sweeney said he had commitments up to and including 4 April.


reasonsforpenalty:

The committee carefully considered all evidence and submissions. In mitigation Mr Sweeney has admitted the breach and has a good record. While he was not the required distance clear of Mr Hills when moving out there was some contribution from the outside horses moving in slightly. The committee finds this breach at the lower end of carelessness.


penalty:

After taking all the above into account and under the provisions of rule 1106(2) we impose a suspension on Mr Sweeney from riding in races which is to start after racing on 4 April and conclude after racing on 10 April 2012 (4 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham


JockeysandTrainer: Mr M Sweeney


Otherperson: Mr A Coles


PersonPresent:


Respondent:


StipendSteward:


raceid: ea36faff4a8e54f86e670caec18b64eb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1fa04690a8cb712194519da877a19898


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/03/2012


meet_title: Auckland RC - 31 March 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: GJones


meet_pm2: none


name: Auckland RC