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Avondale JC 12 November 2012 – R 1

ID: JCA10527

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mr J Waddell - Licensed Rider

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A4862

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 12 November 2012

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2012/11/12

Race Number:
R1

Decision:

As Mr Waddell admitted the breach we find the charge proved.

Penalty:

We grant Mr Waddell's request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Waddell which will commence after racing on 17th November 2012 and conclude after racing on 23rd November 2012 (4 days).

Charge:

Following race 1, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that Mr Waddell angled his mount SPITTING IMAGE outwards near the 300 metres when insufficiently clear of ROMAN CAVALRY which was checked.

Facts:

Mr Coles demonstrated the incident by using all the available video films. He pointed out to the committee that Mr Waddell at the 300 metre mark was racing directly behind WATCH KING and on the inside of ROMAN CAVALRY. He showed on the head on film that Mr Waddell then angled his mount out of the heels of WATCH KING. In doing so he moved into the rightful running line of ROMAN CAVALRY which received buffeting as a result.

Mr Waddell informed the committee that he took some time to decide whether to defend the charge. He said this because 2 horses around him had moved slightly contributing to the interference. While admitting the breach, Mr Waddell said it was more a case of competitive riding rather than one of carelessness.

Submissions for Penalty:

Mr Oatham produced Mr Waddell's record which showed 1 previous breach under this rule in the last 12 months. He said while conceding that Miss Spratt had moved in slightly contributing to the tightening, he said Mr Waddell clearly had no run available and obtained one by shouldering his way out. He said Mr Waddell's riding record was exceptional, he assessed the level of carelessness was just below mid range and submitted a suspension at the bottom end would be appropriate.

Mr Waddell submitted he had firm commitments up to and including the 17th of November 2012. He reminded the committee of two recent 3 day suspensions imposed on Mr Riddell and Miss Myers. He submitted that a 3 day suspension was appropriate with the starting point being 4 days. The committee advised Mr Waddell that the starting point for careless riding is 5 days.

In response to a question from the committee as to his riding commitments in the next 7 days, Mr Waddell submitted he was chasing the premiership and intended to ride all over the country. He said his manager Mr Anderson had been contacted by Mr Pitman seeking his availability to ride at Winton on the 21st of November 2012.

The committee in a further question to Mr Waddell asked as to when he last rode at Winton, he confirmed he had not done so for a long time. For this reason the committee had some serious doubt regarding Winton. We asked Mr Oatham to comment on Mr Waddell's submission that he was intending to ride at Winton. Mr Oatham said he was not aware of Mr Waddell riding at Winton.

The committee requested Mr Oatham to contact Mr Anderson to establish if Mr Waddell did have commitments at Winton. We informed all parties that the hearing would be adjourned to allow time for Mr Oatham to contact Mr Anderson to verify Mr Waddell's submission re his riding commitments at Winton.

On resumption of the hearing Mr Oatham advised the committee that he had heard from Mr Anderson who verified that Mr Pitman had contacted him and was intending to engage Mr Waddell along with Mr C Johnson for his stable runners at Winton on 21st November 2012.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Waddell's admission of the breach and his very good riding record. The aggravating factor was the interference received by Mr Innes which was caused by Mr Waddell forcing his way out when insufficiently clear. We assess the level of carelessness in the low to mid range.

Having firmly tested Mr Waddell's evidence of where he will be riding over the next 7 days we accept that Winton can be granted when imposing penalty. Having taken into account all of the above factors we independently assess an appropriate penalty is 4 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: 000f33177bae23c811adedce62843bd3


informantnumber: A4862


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/10/2012


hearing_title: Avondale JC 12 November 2012 - R 1


charge:

Following race 1, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that Mr Waddell angled his mount SPITTING IMAGE outwards near the 300 metres when insufficiently clear of ROMAN CAVALRY which was checked.


facts:

Mr Coles demonstrated the incident by using all the available video films. He pointed out to the committee that Mr Waddell at the 300 metre mark was racing directly behind WATCH KING and on the inside of ROMAN CAVALRY. He showed on the head on film that Mr Waddell then angled his mount out of the heels of WATCH KING. In doing so he moved into the rightful running line of ROMAN CAVALRY which received buffeting as a result.

Mr Waddell informed the committee that he took some time to decide whether to defend the charge. He said this because 2 horses around him had moved slightly contributing to the interference. While admitting the breach, Mr Waddell said it was more a case of competitive riding rather than one of carelessness.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Waddell admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Waddell's record which showed 1 previous breach under this rule in the last 12 months. He said while conceding that Miss Spratt had moved in slightly contributing to the tightening, he said Mr Waddell clearly had no run available and obtained one by shouldering his way out. He said Mr Waddell's riding record was exceptional, he assessed the level of carelessness was just below mid range and submitted a suspension at the bottom end would be appropriate.

Mr Waddell submitted he had firm commitments up to and including the 17th of November 2012. He reminded the committee of two recent 3 day suspensions imposed on Mr Riddell and Miss Myers. He submitted that a 3 day suspension was appropriate with the starting point being 4 days. The committee advised Mr Waddell that the starting point for careless riding is 5 days.

In response to a question from the committee as to his riding commitments in the next 7 days, Mr Waddell submitted he was chasing the premiership and intended to ride all over the country. He said his manager Mr Anderson had been contacted by Mr Pitman seeking his availability to ride at Winton on the 21st of November 2012.

The committee in a further question to Mr Waddell asked as to when he last rode at Winton, he confirmed he had not done so for a long time. For this reason the committee had some serious doubt regarding Winton. We asked Mr Oatham to comment on Mr Waddell's submission that he was intending to ride at Winton. Mr Oatham said he was not aware of Mr Waddell riding at Winton.

The committee requested Mr Oatham to contact Mr Anderson to establish if Mr Waddell did have commitments at Winton. We informed all parties that the hearing would be adjourned to allow time for Mr Oatham to contact Mr Anderson to verify Mr Waddell's submission re his riding commitments at Winton.

On resumption of the hearing Mr Oatham advised the committee that he had heard from Mr Anderson who verified that Mr Pitman had contacted him and was intending to engage Mr Waddell along with Mr C Johnson for his stable runners at Winton on 21st November 2012.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Waddell's admission of the breach and his very good riding record. The aggravating factor was the interference received by Mr Innes which was caused by Mr Waddell forcing his way out when insufficiently clear. We assess the level of carelessness in the low to mid range.

Having firmly tested Mr Waddell's evidence of where he will be riding over the next 7 days we accept that Winton can be granted when imposing penalty. Having taken into account all of the above factors we independently assess an appropriate penalty is 4 days.


penalty:

We grant Mr Waddell's request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Waddell which will commence after racing on 17th November 2012 and conclude after racing on 23rd November 2012 (4 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mr J Waddell - Licensed Rider


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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race_title: R1


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meetdate: 12/11/2012


meet_title: Avondale JC - 12 November 2012


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tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


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name: Avondale JC