Archive Decision

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Avondale JC 8 March 2017 – R 4 – Chair, Mr A Dooley

ID: JCA14931

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr J Waddell - Licensed Jockey

Other Person:
Mr B Jones - Stipendiary Steward

Information Number:
A8862

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 8 March 2017

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2017/03/08

Race Number:
R4

Decision:

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

Penalty:

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

Accordingly, Mr Waddell had his license to ride in races suspended for a period to commence after racing on 11 March and conclude after racing on 22 March 2017 (4 days).

That period of suspension encompasses meetings at

15 March – Matamata

17 March – Te Aroha

18 March – Wellington (Premier)

22 March - Pukekohe

Facts:

Following the running of race 4, www.Westbrook.co.nz 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr Waddell allowed his mount CANTARE to shift out near the 200 metres when not sufficiently clear of CHERRY BAY which was checked.

Mr Waddell 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 Jones demonstrated the incident using the available video footage. He identified that approaching the 200 metres Mr Waddell allowed his mount to shift out when only ¾ of a length to 1 length clear. He said this resulted in CHERRY BAY being crowded and checked. He said that Mr Waddell continued to ride his mount forward when it was shifting ground. He noted that Mr Waddell did change his whip from his right hand to his left hand in an attempt to take some corrective action.

Mr Waddell said that it was a lapse of judgement on his part and advised that he changed the whip to his left hand in an endeavour to straighten his mount. He said this actually made it worse and the horse ran out further than he intended it to. He said that he was too slow to react to the shift and was disappointed the incident occurred.

Submissions for Penalty:

Mr Coles produced Mr Waddell’s record which showed he had a clear record. He advised that Mr Waddell has had 110 rides since his return to race riding about 3 months ago. He said that Mr Waddell was 2 strides too late in correcting his mount and described the level of carelessness as low end. He said that Mr Waddell deserves credit for his admission of the breach and a suspension would be an appropriate penalty.

Mr Waddell said it was unfortunate that his carelessness would prevent him from riding DEVISE in the New Zealand Oaks on 18 March. He was forthright in that he has not ridden in the South Island on industry days.

Mr Waddell confirmed that he has ridden all over the North Island in the last 3 months.

Mr Waddell advised that he had upcoming engagements at Ellerslie on 11 March any proposed suspension could start after that date. He recognised that he would be unable to fulfil his engagements on 18 March at Wellington because it fell outside the 7 day deferment Rule.

Mr Waddell asked the Committee to consider imposing a combination of a fine and suspension.

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 which is adjusted based on the mitigating and aggravating factors.

The mitigating factors were Mr Waddell’s admission of the breach and his very good record from his 110 rides to date this season.

The Committee view the level of carelessness as being in the low to mid – range. It was obvious on the video footage that Mr Waddell allowed CANTARE to shift out several horse widths near the 200 metres when only ¾ of a length clear of CHERRY BAY. Mr Waddell failed to take sufficient corrective action to prevent the outward shift. This resulted in CHERRY BAY receiving a relatively significant check when crowded for room. In turn that runner shifted out wider on the track and hampered TOMMYRA.

The Committee had regard for the fact that Mr Waddell’s suspension would include a Premier raceday.

The Committee advised Mr Waddell that all Judicial Committee panellists received a memorandum dated 20 December 2016. It stated while it may be appropriate at times (and such occasions will be rare) to impose a suspension and a fine following a careless riding charge, panellists are no longer to substitute a fine for the last day of a suspension where that day is a Premier or Iconic Day.

Mr Waddell has no recent history of riding in the South Island on an industry day, accordingly those dates were not included in the penalty.

The Committee notes that Mr Waddell was forthright during the hearing and he dealt with the charge in a very professional manner.

After taking into account all the above factors the Committee considers an appropriate suspension was 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: 8d97cf8e1af926b40a3b7b0b2957a037


informantnumber: A8862


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 09/03/2017


hearing_title: Avondale JC 8 March 2017 - R 4 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 4, www.Westbrook.co.nz 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Mr Waddell allowed his mount CANTARE to shift out near the 200 metres when not sufficiently clear of CHERRY BAY which was checked.

Mr Waddell 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 Jones demonstrated the incident using the available video footage. He identified that approaching the 200 metres Mr Waddell allowed his mount to shift out when only ¾ of a length to 1 length clear. He said this resulted in CHERRY BAY being crowded and checked. He said that Mr Waddell continued to ride his mount forward when it was shifting ground. He noted that Mr Waddell did change his whip from his right hand to his left hand in an attempt to take some corrective action.

Mr Waddell said that it was a lapse of judgement on his part and advised that he changed the whip to his left hand in an endeavour to straighten his mount. He said this actually made it worse and the horse ran out further than he intended it to. He said that he was too slow to react to the shift and was disappointed the incident occurred.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Coles produced Mr Waddell’s record which showed he had a clear record. He advised that Mr Waddell has had 110 rides since his return to race riding about 3 months ago. He said that Mr Waddell was 2 strides too late in correcting his mount and described the level of carelessness as low end. He said that Mr Waddell deserves credit for his admission of the breach and a suspension would be an appropriate penalty.

Mr Waddell said it was unfortunate that his carelessness would prevent him from riding DEVISE in the New Zealand Oaks on 18 March. He was forthright in that he has not ridden in the South Island on industry days.

Mr Waddell confirmed that he has ridden all over the North Island in the last 3 months.

Mr Waddell advised that he had upcoming engagements at Ellerslie on 11 March any proposed suspension could start after that date. He recognised that he would be unable to fulfil his engagements on 18 March at Wellington because it fell outside the 7 day deferment Rule.

Mr Waddell asked the Committee to consider imposing a combination of a fine and suspension.


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 which is adjusted based on the mitigating and aggravating factors.

The mitigating factors were Mr Waddell’s admission of the breach and his very good record from his 110 rides to date this season.

The Committee view the level of carelessness as being in the low to mid – range. It was obvious on the video footage that Mr Waddell allowed CANTARE to shift out several horse widths near the 200 metres when only ¾ of a length clear of CHERRY BAY. Mr Waddell failed to take sufficient corrective action to prevent the outward shift. This resulted in CHERRY BAY receiving a relatively significant check when crowded for room. In turn that runner shifted out wider on the track and hampered TOMMYRA.

The Committee had regard for the fact that Mr Waddell’s suspension would include a Premier raceday.

The Committee advised Mr Waddell that all Judicial Committee panellists received a memorandum dated 20 December 2016. It stated while it may be appropriate at times (and such occasions will be rare) to impose a suspension and a fine following a careless riding charge, panellists are no longer to substitute a fine for the last day of a suspension where that day is a Premier or Iconic Day.

Mr Waddell has no recent history of riding in the South Island on an industry day, accordingly those dates were not included in the penalty.

The Committee notes that Mr Waddell was forthright during the hearing and he dealt with the charge in a very professional manner.

After taking into account all the above factors the Committee considers an appropriate suspension was 4 days.


penalty:

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

Accordingly, Mr Waddell had his license to ride in races suspended for a period to commence after racing on 11 March and conclude after racing on 22 March 2017 (4 days).

That period of suspension encompasses meetings at

15 March – Matamata

17 March – Te Aroha

18 March – Wellington (Premier)

22 March - Pukekohe


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr J Waddell - Licensed Jockey


Otherperson: Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5b0713934e9bc056fcabae382a6b3632


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


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race_pm2:


meetid: 53ba15484c8c799e9f2334a04a25c045


meet_expapproval:


meet_noreport: 0


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meetdate: 08/03/2017


meet_title: Avondale JC - 8 March 2017


meet_expappcomment:


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tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Avondale JC