Auckland RC 5 November 2013 – R 10
ID: JCA15547
Code:
Thoroughbred
Meet Title:
Auckland RC - 5 November 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GTankard
Race Date:
2013/11/05
Race Number:
R10
Decision:
As Mr Forbes admitted the breach we find the charge proved.
Penalty:
We grant Mr Forbes' request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Forbes which will commence after racing on November 9 and conclude after racing on November 13 (4 days).
Facts:
Following race 10, Auckland Co-Op Taxis Stayers, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 1800 metres Mr Forbes allowed his mount GLITZABEEL to shift in when not clear of PROSPERO (M Cameron) which was checked.
Mr Forbes acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Forbes advised the Committee that he did not require any assistance at this hearing which started 40 minutes after the last race.
Mr Williamson demonstrated on the films that Mr Forbes permitted his mount to shift in when a bare length clear of PROSPERO. He said as a consequence PROSPERO lost ground when checked.
Mr Forbes stated that he was pushed out 4 wide and he made an error of judgement when attempting to shift back in.
Submissions for Penalty:
Mr Oatham produced Mr Forbes' record which showed 3 previous breaches under this Rule in the last 12 months. He advised us that 2 of Mr Forbes' suspensions occurred in Australia and his New Zealand suspension occurred in August 2013. He described the interference as at the lower end of the scale and a suspension in line with that was appropriate. He added that Mr Forbes was upfront with the Stewards and he admitted the breach.
Mr Forbes advised that he had upcoming commitments at Te Rapa on November 9, and that any period of suspension could commence after that.
In response to a question from the Committee, Mr Forbes was granted a brief adjournment so he could confirm his riding commitments over the next 7 days.
Mr Forbes after talking to his manager submitted that he was intending to ride at Christchurch next week and stated he had ridden in the South Island 3 times this year.
Mr Oatham had no objection to Mr Forbes' suspension having Christchurch included in the penalty.
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. The mitigating factors are Mr Forbes' admission of the breach and we assess the level of carelessness as low end. We note that Mr Forbes was a bare length clear when shifting ground inwards and we view his record under this Rule as average.
We accept that Mr Forbes was intending to ride at Christchurch next week.
After taking into account all the above and placing emphasis on the mitigating factors we consider an appropriate penalty is a 4 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: b1a53693b3431184fc45e8e16ea81f7f
informantnumber: A2917
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 06/11/2013
hearing_title: Auckland RC 5 November 2013 - R 10
charge:
facts:
Following race 10, Auckland Co-Op Taxis Stayers, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 1800 metres Mr Forbes allowed his mount GLITZABEEL to shift in when not clear of PROSPERO (M Cameron) which was checked.
Mr Forbes acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Forbes advised the Committee that he did not require any assistance at this hearing which started 40 minutes after the last race.
Mr Williamson demonstrated on the films that Mr Forbes permitted his mount to shift in when a bare length clear of PROSPERO. He said as a consequence PROSPERO lost ground when checked.
Mr Forbes stated that he was pushed out 4 wide and he made an error of judgement when attempting to shift back in.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Forbes admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Forbes' record which showed 3 previous breaches under this Rule in the last 12 months. He advised us that 2 of Mr Forbes' suspensions occurred in Australia and his New Zealand suspension occurred in August 2013. He described the interference as at the lower end of the scale and a suspension in line with that was appropriate. He added that Mr Forbes was upfront with the Stewards and he admitted the breach.
Mr Forbes advised that he had upcoming commitments at Te Rapa on November 9, and that any period of suspension could commence after that.
In response to a question from the Committee, Mr Forbes was granted a brief adjournment so he could confirm his riding commitments over the next 7 days.
Mr Forbes after talking to his manager submitted that he was intending to ride at Christchurch next week and stated he had ridden in the South Island 3 times this year.
Mr Oatham had no objection to Mr Forbes' suspension having Christchurch included in the penalty.
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. The mitigating factors are Mr Forbes' admission of the breach and we assess the level of carelessness as low end. We note that Mr Forbes was a bare length clear when shifting ground inwards and we view his record under this Rule as average.
We accept that Mr Forbes was intending to ride at Christchurch next week.
After taking into account all the above and placing emphasis on the mitigating factors we consider an appropriate penalty is a 4 day suspension.
penalty:
We grant Mr Forbes' request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Forbes which will commence after racing on November 9 and conclude after racing on November 13 (4 days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr A Forbes - Licensed Apprentice Rider
Otherperson: Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 2643ead1c878a12c62bede57ceb9f9f1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d592ad255bc5ad420219615a6ac0c726
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/11/2013
meet_title: Auckland RC - 5 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GTankard
meet_pm2: none
name: Auckland RC