Archive Decision

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Avondale JC 12 November 2012 – R 3

ID: JCA12864

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Miss K Myers - Licensed Rider

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A4863

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:
R3

Decision:

As Miss Myers admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a suspension on Miss K Myers which will commence after racing on 22nd November 2012 and conclude after racing on 26 November 2012 (4 days).

Charge:

Following race 3, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham alleged that Miss K Myers (CASUAL FLING) shifted in near the 1100 metres when not sufficiently clear of C Dell (THXALOT) which clipped a heel and blundered.

Facts:

Mr Coles demonstrated the incident by using all the available video films. He pointed out to the committee that Miss Myers who had drawn barrier 2, moved across towards the rail shortly after the start. He said in doing so she was only 1 length clear when moving into the line of Mr Dell who had drawn barrier 1. This inward movement caused Mr Dell to check his mount which blundered and made contact with the rail.

Miss Myers told the committee that she had no idea that Mr Dell was on her inside and she was in no hurry to make her way to the rail. She submitted that Mr Dell had not called out and had dug his mount up on her inside and caught her mount's hind legs and dipped.

Submissions for Penalty:

Mr Oatham produced Miss Myers' record which showed 2 previous breaches under this rule in the last 12 months. He said Miss Myers has an obligation to make sure she is clear when shifting ground.

He said the level of carelessness was at the low end and submitted a penalty at the bottom end would be appropriate. He further advised the committee that Miss Myers was suspended on Saturday 10th November. The penalty imposed is from 18th to 22nd November inclusive.

Miss Myers confirmed that she received a 3 day suspension on Saturday and she did ride all over the country.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Miss Myers' admission of the breach and her good record. However, the aggravating factor was she was only a bare length clear when moving into the running line of Mr Dell. We assess the level of carelessness as low to mid range. We accept that Miss Myers has been riding all over the country. 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: 627219c8e07d60d203e32cd39dfd8c50


informantnumber: A4863


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/10/2012


hearing_title: Avondale JC 12 November 2012 - R 3


charge:

Following race 3, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham alleged that Miss K Myers (CASUAL FLING) shifted in near the 1100 metres when not sufficiently clear of C Dell (THXALOT) which clipped a heel and blundered.


facts:

Mr Coles demonstrated the incident by using all the available video films. He pointed out to the committee that Miss Myers who had drawn barrier 2, moved across towards the rail shortly after the start. He said in doing so she was only 1 length clear when moving into the line of Mr Dell who had drawn barrier 1. This inward movement caused Mr Dell to check his mount which blundered and made contact with the rail.

Miss Myers told the committee that she had no idea that Mr Dell was on her inside and she was in no hurry to make her way to the rail. She submitted that Mr Dell had not called out and had dug his mount up on her inside and caught her mount's hind legs and dipped.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Myers admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Miss Myers' record which showed 2 previous breaches under this rule in the last 12 months. He said Miss Myers has an obligation to make sure she is clear when shifting ground.

He said the level of carelessness was at the low end and submitted a penalty at the bottom end would be appropriate. He further advised the committee that Miss Myers was suspended on Saturday 10th November. The penalty imposed is from 18th to 22nd November inclusive.

Miss Myers confirmed that she received a 3 day suspension on Saturday and she did ride all over the country.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Miss Myers' admission of the breach and her good record. However, the aggravating factor was she was only a bare length clear when moving into the running line of Mr Dell. We assess the level of carelessness as low to mid range. We accept that Miss Myers has been riding all over the country. Having taken into account all of the above factors we independently assess an appropriate penalty is 4 days.


penalty:

Accordingly, we impose a suspension on Miss K Myers which will commence after racing on 22nd November 2012 and conclude after racing on 26 November 2012 (4 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Miss K Myers - Licensed Rider


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f38b191578268aeee1d86f25ef5a5e33


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 83c946e610b8c44685a66733c4414af4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/11/2012


meet_title: Avondale JC - 12 November 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Avondale JC