Archive Decision

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Auckland RC 7 September 2019 – R 6 – Chair, Mr A Dooley

ID: JCA12391

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr I Lupton - Class D Rider

Other Person:
Mr M Williamson - Senior Stipendiary Steward

Information Number:
A12801

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 7 September 2019

Meet Chair:
ADooley

Meet Committee Member 1:
ASmith

Race Date:
2019/09/07

Race Number:
R6

Decision:

As Mr Lupton admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Mr Lupton had his license to ride in Jump / Highweight races suspended for a period to commence after racing on 7 September and conclude after racing on 29 September 2019. In addition we impose a $500 fine.

This encompasses 15 September at Rotorua, 19 September at Wanganui and 29 September at Te Aroha which is the completion of the Jump / Highweight racing season.

Facts:

Following the running of race 6, Boutique Body Corporates Great Northern Hurdle (Prestige Jumping Race) an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Lupton permitted his mount BAD BOY BROWN to shift in when not clear of NO TIP which was forced inwards crowding TRISHA LEA which clipped heels and blundered near the 650 metres.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Lupton said he understood the Rule and confirmed that he admitted the breach.

Mr Williamson demonstrated the incident using the available video footage. He identified that passing the 700 metres Mr Lupton was racing in a 4 wide position. He said shortly after that point Mr Lupton allowed his mount to shift in when only ½ a length clear of NO TIP. As a result that runner was forced inwards crowding TRISHA LEA which clipped heels and blundered. He added that TRISHA LEA was lucky to stand up and its chances were extinguished. Mr Williamson said that MAGIC CANNON contributed slightly to the incident.

Mr Lupton said that he erred in his judgement when shifting ground and the interference was primarily his fault. He admitted that he did not realise the degree of the interference until viewing the video footage. He said that MAGIC CANNON which was racing adjacent to the running rail did contribute to the incident.

Submissions for Penalty:

Mr Oatham said that Mr Lupton had an exceptional record under this Rule and his prior breach occurred on 9/9/2010. He said that Mr Lupton has had 471 rides since his last careless riding charge. He described the level of carelessness as above mid-range and noted that TRISHA LEA had its chances extinguished. He said the Committee may consider imposing a fine in addition to a suspension because Mr Lupton went on to win the Prestige race.

Mr Lupton submitted that a suspension would suit him rather than a fine.

In response to a question from the Committee, Mr Lupton accepted that the level of carelessness was above mid-range. He added that the interference was “embarrassing”.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage it was evident that Mr Lupton permitted his mount to shift in when only ½ a length clear of NO TIP. As a result that runner was forced inwards crowding TRISHA LEA which clipped a heel, blundered badly and lost a considerable amount of ground near the 650 metres. In our view MAGIC CANNON’s contribution to the incident was very minor.

The Committee deemed the level of carelessness displayed by Mr Lupton was in the mid to high range.

Arising from the Phelan V RIU (2013) Appeal Decision it is now widely accepted practice for Committees to give special consideration to jumps riders when affixing penalties for careless riding – this is in recognition of their limited riding opportunities. For example low, mid-range and high range careless riding breaches have their starting points set in the JCA Penalty Guide at 3 days (low), 4 days (mid-range) and 5 days (high range) respectively, as opposed to 6, 8 and 10 days for flat riders.

The aggravating factors were the careless riding occurred in a Prestige Jumping Race with stakes payable of $125,000.

The mitigating factors were Mr Lupton's admission of the breach and his excellent record over the last 9 years. For these collective factors Mr Lupton was afforded a reduction in penalty.

After weighing up all the circumstances of this particular case we deemed an appropriate penalty was a 3 day suspension and a $500 fine. The fine was imposed because Mr Lupton went on to win the Prestige race after causing significant interference near the 650 metres.

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: 57397b3deff38fc6f75772e6bfd4e277


informantnumber: A12801


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 08/09/2019


hearing_title: Auckland RC 7 September 2019 - R 6 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 6, Boutique Body Corporates Great Northern Hurdle (Prestige Jumping Race) an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Lupton permitted his mount BAD BOY BROWN to shift in when not clear of NO TIP which was forced inwards crowding TRISHA LEA which clipped heels and blundered near the 650 metres.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Lupton said he understood the Rule and confirmed that he admitted the breach.

Mr Williamson demonstrated the incident using the available video footage. He identified that passing the 700 metres Mr Lupton was racing in a 4 wide position. He said shortly after that point Mr Lupton allowed his mount to shift in when only ½ a length clear of NO TIP. As a result that runner was forced inwards crowding TRISHA LEA which clipped heels and blundered. He added that TRISHA LEA was lucky to stand up and its chances were extinguished. Mr Williamson said that MAGIC CANNON contributed slightly to the incident.

Mr Lupton said that he erred in his judgement when shifting ground and the interference was primarily his fault. He admitted that he did not realise the degree of the interference until viewing the video footage. He said that MAGIC CANNON which was racing adjacent to the running rail did contribute to the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Lupton admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Oatham said that Mr Lupton had an exceptional record under this Rule and his prior breach occurred on 9/9/2010. He said that Mr Lupton has had 471 rides since his last careless riding charge. He described the level of carelessness as above mid-range and noted that TRISHA LEA had its chances extinguished. He said the Committee may consider imposing a fine in addition to a suspension because Mr Lupton went on to win the Prestige race.

Mr Lupton submitted that a suspension would suit him rather than a fine.

In response to a question from the Committee, Mr Lupton accepted that the level of carelessness was above mid-range. He added that the interference was “embarrassing”.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video footage it was evident that Mr Lupton permitted his mount to shift in when only ½ a length clear of NO TIP. As a result that runner was forced inwards crowding TRISHA LEA which clipped a heel, blundered badly and lost a considerable amount of ground near the 650 metres. In our view MAGIC CANNON’s contribution to the incident was very minor.

The Committee deemed the level of carelessness displayed by Mr Lupton was in the mid to high range.

Arising from the Phelan V RIU (2013) Appeal Decision it is now widely accepted practice for Committees to give special consideration to jumps riders when affixing penalties for careless riding – this is in recognition of their limited riding opportunities. For example low, mid-range and high range careless riding breaches have their starting points set in the JCA Penalty Guide at 3 days (low), 4 days (mid-range) and 5 days (high range) respectively, as opposed to 6, 8 and 10 days for flat riders.

The aggravating factors were the careless riding occurred in a Prestige Jumping Race with stakes payable of $125,000.

The mitigating factors were Mr Lupton's admission of the breach and his excellent record over the last 9 years. For these collective factors Mr Lupton was afforded a reduction in penalty.

After weighing up all the circumstances of this particular case we deemed an appropriate penalty was a 3 day suspension and a $500 fine. The fine was imposed because Mr Lupton went on to win the Prestige race after causing significant interference near the 650 metres.


penalty:

Accordingly, Mr Lupton had his license to ride in Jump / Highweight races suspended for a period to commence after racing on 7 September and conclude after racing on 29 September 2019. In addition we impose a $500 fine.

This encompasses 15 September at Rotorua, 19 September at Wanganui and 29 September at Te Aroha which is the completion of the Jump / Highweight racing season.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr I Lupton - Class D Rider


Otherperson: Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5866c07c31bc2ddf60ebb3058bed5d9f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2d752f435c84b55ad536f817fe250a15


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/09/2019


meet_title: Auckland RC - 7 September 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: ASmith


meet_pm2: none


name: Auckland RC