Auckland RC 7 March 2021 – R 2 – Chair, Mr G Jones
ID: JCA17156
Code:
Thoroughbred
Meet Title:
Auckland RC - 7 March 2021
Meet Chair:
GJones
Meet Committee Member 1:
ASmith
Race Date:
2021/03/07
Race Number:
R2
Decision:
As Mr Colgan admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted Mr Colgan a deferment to his suspension pursuant to Rule 1106(2). Accordingly, his licence to ride in races is suspended for a period of 4 days commencing after racing on 13 March 2021 and concluding after racing on 20 March 2021. In addition, we impose a $300 fine.
Facts:
This charge arises from the running of Race 2, the Stella Artois 1400. Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the rider of “ALL PAID UP (V Colgan), allowed his mount to shift out when insufficiently clear of GLITTERING ARMOUR, which was crowded and checked shifting in crowding GIANT GEM with THREE SIXTY being steadied as a result, passing the 1200 metres”.
Mr Colgan acknowledged he understood 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.
Using the available race films Stipendiary Steward, Mr Jones demonstrated the incident and identified the horses and riders concerned; namely ALLPAID UP (V Colgan), GLITTERING ARMOUR (A Calder), GIANT GEM (M McNab) and THREE SIXTY (D Johnson).
Mr Jones told the Committee that after jumping from a wide barrier approaching the 1200-metre mark Mr Colgan shifted his mount inwards. He said at this point Mr Calder had established his mount on the inside and slightly behind ALL PAID UP. Mr Colgan continued to shift in when no more than 1-length clear and as a consequence GLITTERING ARMOUR was crowded and checked on to GIANT GEM and THREE SIXTY.
Mr Jones demonstrated that at the time of the inward shift GLITTERING ARMOUR was racing keenly and did not react well after Mr Colgan shifted in and steadied his mount. He added that the racing manners of GLITTERING ARMOUR contributed to the crowding suffered by both GIANT GEM and THREE SIXTY.
In response, Mr Colgan stated that he agreed with the Stewards' interpretation of the incident and submitted that Mr Calder’s mount was “racing fiercely and had no manners” and had that horse’s manners been better Mr Calder could have eased and avoided the incident.
Submissions for Penalty:
Mr Oatham produced Mr Colgan’s riding record which indicated 2 previous breaches under the Careless Riding Rule in the last 12 months. The first having occurred on 26 December 2020 resulted in a 4-day suspension and $600 fine. The most recent occurred on 16 January 2021 and resulted in an 8-day suspension and $1000 fine. Both breaches occurred in Group Races.
Mr Oatham submitted that prior to the recent breaches Mr Colgan had a clear record over the preceding 12 months. He said that for the purpose of this breach Mr Colgan’s record ought to be treated as a neutral factor.
Mr Oatham said Stewards assessed the level of carelessness to be in the low to mid-range.
Mr Colgan sought a deferment to any proposed suspension until after racing on 13 March 2021. In relation to penalty, he pointed out that this breach occurred in a rating 65 race, whereas his previous breaches had occurred in ‘black type’ races.
Reasons for Penalty:
After considering the submissions and reviewing the race film, the Committee determined Mr Colgan’s carelessness to be in the low to mid-range and adopted a 4-day (suspension) and $250 (fine) as the starting point. This conforms with the Penalty Guide which recommends a 4 day/$250 fine as the starting point for low-range carelessness.
The available films clearly established that Mr Colgan allowed his mount to shift in when no more than 1 length clear of GLITTERING ARMOUR. The Committee agrees with the submissions of the Informant and Respondent concerning GLITTERING ARMOUR'S racing manners and had that horse raced more generously when being crossed by ALL PAID UP, the consequences to the other two runners who were crowded would have been less severe thus placing Mr Colgan’s culpability in the low to mid-range as opposed to mid-range.
Mr Colgan’s riding record was assessed as being a neutral factor.
After considering Mr Colgan’s admission of breach and the above factors the Committee deemed that an appropriate suspension was 4 (national) days and $300 fine. The fine represents a $50 uplift from the $250 starting point given that 3 horses were affected to varying degrees, and there were mitigating factors in Mr Colgan’s favour, thus the reason for the modest uplift.
JCA Decision Fields (raw)
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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: d39beaa2e07e73d5b455acd53eda3666
informantnumber: A14025
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 07/03/2021
hearing_title: Auckland RC 7 March 2021 – R 2 – Chair, Mr G Jones
charge:
facts:
This charge arises from the running of Race 2, the Stella Artois 1400. Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the rider of “ALL PAID UP (V Colgan), allowed his mount to shift out when insufficiently clear of GLITTERING ARMOUR, which was crowded and checked shifting in crowding GIANT GEM with THREE SIXTY being steadied as a result, passing the 1200 metres”.
Mr Colgan acknowledged he understood 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.
Using the available race films Stipendiary Steward, Mr Jones demonstrated the incident and identified the horses and riders concerned; namely ALLPAID UP (V Colgan), GLITTERING ARMOUR (A Calder), GIANT GEM (M McNab) and THREE SIXTY (D Johnson).
Mr Jones told the Committee that after jumping from a wide barrier approaching the 1200-metre mark Mr Colgan shifted his mount inwards. He said at this point Mr Calder had established his mount on the inside and slightly behind ALL PAID UP. Mr Colgan continued to shift in when no more than 1-length clear and as a consequence GLITTERING ARMOUR was crowded and checked on to GIANT GEM and THREE SIXTY.
Mr Jones demonstrated that at the time of the inward shift GLITTERING ARMOUR was racing keenly and did not react well after Mr Colgan shifted in and steadied his mount. He added that the racing manners of GLITTERING ARMOUR contributed to the crowding suffered by both GIANT GEM and THREE SIXTY.
In response, Mr Colgan stated that he agreed with the Stewards' interpretation of the incident and submitted that Mr Calder’s mount was “racing fiercely and had no manners” and had that horse’s manners been better Mr Calder could have eased and avoided the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Colgan admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Colgan’s riding record which indicated 2 previous breaches under the Careless Riding Rule in the last 12 months. The first having occurred on 26 December 2020 resulted in a 4-day suspension and $600 fine. The most recent occurred on 16 January 2021 and resulted in an 8-day suspension and $1000 fine. Both breaches occurred in Group Races.
Mr Oatham submitted that prior to the recent breaches Mr Colgan had a clear record over the preceding 12 months. He said that for the purpose of this breach Mr Colgan’s record ought to be treated as a neutral factor.
Mr Oatham said Stewards assessed the level of carelessness to be in the low to mid-range.
Mr Colgan sought a deferment to any proposed suspension until after racing on 13 March 2021. In relation to penalty, he pointed out that this breach occurred in a rating 65 race, whereas his previous breaches had occurred in ‘black type’ races.
reasonsforpenalty:
After considering the submissions and reviewing the race film, the Committee determined Mr Colgan’s carelessness to be in the low to mid-range and adopted a 4-day (suspension) and $250 (fine) as the starting point. This conforms with the Penalty Guide which recommends a 4 day/$250 fine as the starting point for low-range carelessness.
The available films clearly established that Mr Colgan allowed his mount to shift in when no more than 1 length clear of GLITTERING ARMOUR. The Committee agrees with the submissions of the Informant and Respondent concerning GLITTERING ARMOUR'S racing manners and had that horse raced more generously when being crossed by ALL PAID UP, the consequences to the other two runners who were crowded would have been less severe thus placing Mr Colgan’s culpability in the low to mid-range as opposed to mid-range.
Mr Colgan’s riding record was assessed as being a neutral factor.
After considering Mr Colgan’s admission of breach and the above factors the Committee deemed that an appropriate suspension was 4 (national) days and $300 fine. The fine represents a $50 uplift from the $250 starting point given that 3 horses were affected to varying degrees, and there were mitigating factors in Mr Colgan’s favour, thus the reason for the modest uplift.
penalty:
The Committee granted Mr Colgan a deferment to his suspension pursuant to Rule 1106(2). Accordingly, his licence to ride in races is suspended for a period of 4 days commencing after racing on 13 March 2021 and concluding after racing on 20 March 2021. In addition, we impose a $300 fine.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr V Colgan - Rider of ALL PAID UP
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1e57d35c12489b8e1972fb877b325754
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dc5614a24b298231fde4434673d6dae3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/03/2021
meet_title: Auckland RC - 7 March 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: ASmith
meet_pm2: none
name: Auckland RC