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Avondale JC 25 April 2017 – R 7 – Chair, Mr A Dooley

ID: JCA14807

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr V Colgan - Licensed Jockey

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A8544

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 25 April 2017

Meet Chair:
ADooley

Meet Committee Member 1:
NMcCutcheon

Race Date:
2017/04/25

Race Number:
R7

Decision:

As Mr Colgan admitted the breach the Committee find the charge proved.

Penalty:

The Committee grant Mr Colgan’s request to seek a deferment to his suspension as per Rule 1106(2)

Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on 29 April and conclude after racing on 13 May 2017 (5 days)

That period of suspension encompasses meetings at: -

3 May – Matamata

5 May – Pukekohe

6 May – Te Rapa

12 May – Te Awamutu

13 May – Rotorua

Facts:

Following the running of race 7, AJC Governor General Cup, an Information was filed pursuant to Rule 638(1)(d).The Informant, Mr Williamson, alleged that Mr Colgan permitted his mount FORTUNE KNIGHT to shift in when not clear of TRIACTION which was dictated inwards crowding JIAYUGUAN and SHOW THE WORLD onto INCANTESIMO which was crowded and checked passing the 1300 metres.

Mr Colgan acknowledged that 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.

Mr Coles demonstrated the incident using the available video footage. He identified Mr Colgan and showed that passing the 1400 metres he was racing on the outside of the field and on an inward shift when only ¾ of a length clear of TRIACTION. He said Mr Colgan had “set up” the inward movement which meant there was insufficient room for the 4 horses that were racing on his inside. He said this resulted in TRIACTION being dictated inwards which caused crowding to JIAYUGUAN and SHOW THE WORLD onto INCANTESIMO. He said consequently INCANTESIMO was quite badly checked when running out of room.

Mr Coles said in mitigation Mr Colgan tried to relieve the pressure by turning his horses head out, albeit it was too late. He noted that TRIACTION was over racing when being dictated in and he stated the pace of the race had steadied.

Mr Colgan said he was concentrating on Ms Johnson the rider of TRIACTION when he permitted his mount to shift in. He said the other 3 following runners at that point were out of his view and he did not realise Mrs Thornton the rider of INCANTESIMO was racing several places back on his inside. He agreed that Mrs Thornton had insufficient room.

Submissions for Penalty:

Mr Williamson produced Mr Colgan’s record which showed 3 previous breaches under this Rule in the last 12 months, the most recent being 16/3/2017 which incurred a 6 day suspension. He said it was an even record and stated that Mr Colgan was a big race rider. He said in mitigation was the racing manners of TRIACTION and he said the incident occurred as the horses were coming onto the course proper from the 1600 metre start point. He said it was clear that Mr Colgan was not the required distance clear of TRIACTION. He submitted the breach was low end and the Committee should treat it as such.

Mr Colgan advised that he had upcoming engagements at Te Rapa on 29 April, and any proposed suspension could commence after that date. Mr Colgan admitted that he predominately rides in the Auckland/Waikato area and has no history of riding in the Central Districts on Industry days.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension. This is adjusted based on the mitigating and aggravating factors.

The mitigating factor was Mr Colgan’s admission of the breach for which he was given credit.

We deemed Mr Colgan’s record to be only average and a neutral factor.

When reviewing the incident the Committee established that Mr Colgan was racing in a 6 wide position when commencing the junction to the course proper. It was evident that Mr Colgan permitted his mount to shift in 2 horse widths when only ¾ of a length clear of TRIACTION. This resulted in the 3 other horses racing to that runners inside being crowded or checked to various degrees. It was clear that INCANTESIMO was severely checked when running out of racing room and as a result lost approximately 3 lengths. In our opinion the level of carelessness was mid–range and an aggravating factor.

Mr Colgan has no history of riding in the Central Districts on Industry days, accordingly those dates were not included in the penalty.

The Committee had regard for the meetings included in Mr Colgan’s penalty.

After taking into account all the above factors the Committee considered an appropriate suspension was 5 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: 7e7ec701c922c1339f50117e0429b550


informantnumber: A8544


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 27/04/2017


hearing_title: Avondale JC 25 April 2017 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, AJC Governor General Cup, an Information was filed pursuant to Rule 638(1)(d).The Informant, Mr Williamson, alleged that Mr Colgan permitted his mount FORTUNE KNIGHT to shift in when not clear of TRIACTION which was dictated inwards crowding JIAYUGUAN and SHOW THE WORLD onto INCANTESIMO which was crowded and checked passing the 1300 metres.

Mr Colgan acknowledged that 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.

Mr Coles demonstrated the incident using the available video footage. He identified Mr Colgan and showed that passing the 1400 metres he was racing on the outside of the field and on an inward shift when only ¾ of a length clear of TRIACTION. He said Mr Colgan had “set up” the inward movement which meant there was insufficient room for the 4 horses that were racing on his inside. He said this resulted in TRIACTION being dictated inwards which caused crowding to JIAYUGUAN and SHOW THE WORLD onto INCANTESIMO. He said consequently INCANTESIMO was quite badly checked when running out of room.

Mr Coles said in mitigation Mr Colgan tried to relieve the pressure by turning his horses head out, albeit it was too late. He noted that TRIACTION was over racing when being dictated in and he stated the pace of the race had steadied.

Mr Colgan said he was concentrating on Ms Johnson the rider of TRIACTION when he permitted his mount to shift in. He said the other 3 following runners at that point were out of his view and he did not realise Mrs Thornton the rider of INCANTESIMO was racing several places back on his inside. He agreed that Mrs Thornton had insufficient room.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Colgan admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Colgan’s record which showed 3 previous breaches under this Rule in the last 12 months, the most recent being 16/3/2017 which incurred a 6 day suspension. He said it was an even record and stated that Mr Colgan was a big race rider. He said in mitigation was the racing manners of TRIACTION and he said the incident occurred as the horses were coming onto the course proper from the 1600 metre start point. He said it was clear that Mr Colgan was not the required distance clear of TRIACTION. He submitted the breach was low end and the Committee should treat it as such.

Mr Colgan advised that he had upcoming engagements at Te Rapa on 29 April, and any proposed suspension could commence after that date. Mr Colgan admitted that he predominately rides in the Auckland/Waikato area and has no history of riding in the Central Districts on Industry days.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension. This is adjusted based on the mitigating and aggravating factors.

The mitigating factor was Mr Colgan’s admission of the breach for which he was given credit.

We deemed Mr Colgan’s record to be only average and a neutral factor.

When reviewing the incident the Committee established that Mr Colgan was racing in a 6 wide position when commencing the junction to the course proper. It was evident that Mr Colgan permitted his mount to shift in 2 horse widths when only ¾ of a length clear of TRIACTION. This resulted in the 3 other horses racing to that runners inside being crowded or checked to various degrees. It was clear that INCANTESIMO was severely checked when running out of racing room and as a result lost approximately 3 lengths. In our opinion the level of carelessness was mid–range and an aggravating factor.

Mr Colgan has no history of riding in the Central Districts on Industry days, accordingly those dates were not included in the penalty.

The Committee had regard for the meetings included in Mr Colgan’s penalty.

After taking into account all the above factors the Committee considered an appropriate suspension was 5 days.


penalty:

The Committee grant Mr Colgan’s request to seek a deferment to his suspension as per Rule 1106(2)

Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on 29 April and conclude after racing on 13 May 2017 (5 days)

That period of suspension encompasses meetings at: -

3 May – Matamata

5 May – Pukekohe

6 May – Te Rapa

12 May – Te Awamutu

13 May – Rotorua


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr V Colgan - Licensed Jockey


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 95d4bdf80f316b24dfa606c4cf54f2c1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8331ca33115452f5d39e56277ca802f7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/04/2017


meet_title: Avondale JC - 25 April 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: NMcCutcheon


meet_pm2: none


name: Avondale JC