Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Banks Peninsula RC 3 November 2013 – R 4

ID: JCA12590

Applicant:
M Zarb - Stipendiary Steward

Respondent(s):
A Morgan - Apprentice Jockey

Other Person:
Mr MR Pitman - Licensed Trainer assisting Miss Morgan

Information Number:
A2607

Hearing Type:
Hearing

New Charge:
Breach of Rule 638(1)(d) -Careless riding

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Banks Peninsula RC - 3 November 2013

Meet Chair:
KHales

Meet Committee Member 1:
SChing

Race Date:
2013/11/03

Race Number:
R4

Decision:

As Miss Morgan has admitted the charge it is thereby deemed to be proved.

Penalty:

Miss Morgan is suspended from race riding from the conclusion of racing on Saturday 9th November 2013 until the conclusion of racing on Thursday 14th November 2013. That period encompasses meetings at Hastings on 10th, Awapuni 12th, Riccarton 13th and Otaki 14th November 2013.

Facts:

As a result of an incident just after the start of Race 4, the KPMG Business Advisory Rating 65, it was alleged that Miss A Morgan, rode carelessly. The Stipendiary Stewards alleged that Miss Morgan shifted ground inwards when not clear of On Yer Feet" (K Williams) when riding "Gem Lover" near the 1350 metres, which resulted in "On Yer Feet" checking "Sand'ior" (C Lunn), which lost ground.

The evidence was that Miss Morgan had a wide barrier draw and shortly after the gates opened, she made a sudden movement across the  field. The consequence of her riding actions were that "On Yer Feet" ridden by Ms K Williams was shuffled inwards, and in the process caused a check to "Sand'ior" ridden by Miss C Lunn which "blundered" and lost ground. As a result of Ms Williams calling out, Miss Morgan took immediate steps to correct her running line, and relieved the pressure that she had caused.

In explanation, Miss Morgan said that she had a look to her inside and felt that she was sufficiently clear. She felt that Ms Williams had pushed up and thereby contributed to the incident. She said that it was her first ride at Motukarara Raceway, and drew the committee's attention to the fact that she had taken corrective action.

Submissions for Penalty:

Mr Zarb said that Ms Morgan had 200 career rides to her credit and had only appeared once before a Judicial Panel in the last 12 months, when she was suspended for 3 riding days on 20th December 2012. He agreed that she had taken quick corrective action, but also observed that "Sand'ior" was a favoured runner and that Ms Lunn had instructions to race in a handy position. She was unable to do so as a result of the check that she received. Mr Zarb also pointed out that Miss Morgan has been riding in the Central Districts and that when we were considering penalty that we should take into account the race days in the Central Districts in the forthcoming weeks.

Mr Zarb said that he thought the degree of carelessness was mid-range.

Miss Morgan emphasised the steps she took to correct her line after hearing Ms Williams call out and said that she was of the understanding that Ms Williams was happy to let her across. She confirmed that she is offered rides in the Central Districts by Licensed Trainer JG Litt and expected to be riding in the Central Districts in the forthcoming weeks. She was also concerned that Cup Week was approaching and that she did not want to miss rides on the premier days.

Reasons for Penalty:

The degree of carelessness was considered to be mid-range by the Stipendiary Stewards. However, having regard to the fact that, as Mr Pitman pointed out to the hearing, that horses are travelling at approximately 17 metres per second at that stage of the race, that means that extreme care has to be taken by all riders and in particular by riders who are drawn wide and wish to move across to a rails run. Ms Williams was inconvenienced, to say the least, as was Ms Lunn who received a check and lost ground when she was intending to race handy. We commend Miss Morgan for the immediate corrective action that she took, but the fact of the matter is that the damage was done by the time the corrective action was taken.

A suspension is the only penalty that can be considered. The starting point, we take from the Judicial Control Authority's Penalty Guide as being that of a 5 day suspension.

Against that we must then take into account aggravating and mitigating factors.

We view  the degree of carelessness as being slightly higher than mid-range. Two other horses were inconvenienced and in particular a favoured runner incurred a check. The incident occurred at a stage of the race where a lot of care is required. These aggravating factors call for an uplift of one day, making our starting point 6 days.

Against that, we take into account the mitigating factors, which are Miss Morgan's good record, her admission of the breach, and the skilful response that she took when she realised that she was causing interference to two other horses. These mitigating factors allow us to provide a discount of 2 days on our starting point, making the suspension to be imposed that of 4 days.

Miss Morgan said that she had riding engagements on the first day of Cup Week, and this was confirmed by Mr Pitman. As a result we grant a deferment of the coming into effect  on penalty, enabling Miss Morgan to ride at Riccarton on 9th November 2013.

We are informed that Miss Morgan rides in the Central Districts and is likely to have engagement in the next couple of weeks with Licensed Trainer JG Litt.

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: 3b9ebbff0dc14024cfca470e3db4d83b


informantnumber: A2607


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Rule 638(1)(d) -Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 06/11/2013


hearing_title: Banks Peninsula RC 3 November 2013 - R 4


charge:


facts:

As a result of an incident just after the start of Race 4, the KPMG Business Advisory Rating 65, it was alleged that Miss A Morgan, rode carelessly. The Stipendiary Stewards alleged that Miss Morgan shifted ground inwards when not clear of On Yer Feet" (K Williams) when riding "Gem Lover" near the 1350 metres, which resulted in "On Yer Feet" checking "Sand'ior" (C Lunn), which lost ground.

The evidence was that Miss Morgan had a wide barrier draw and shortly after the gates opened, she made a sudden movement across the  field. The consequence of her riding actions were that "On Yer Feet" ridden by Ms K Williams was shuffled inwards, and in the process caused a check to "Sand'ior" ridden by Miss C Lunn which "blundered" and lost ground. As a result of Ms Williams calling out, Miss Morgan took immediate steps to correct her running line, and relieved the pressure that she had caused.

In explanation, Miss Morgan said that she had a look to her inside and felt that she was sufficiently clear. She felt that Ms Williams had pushed up and thereby contributed to the incident. She said that it was her first ride at Motukarara Raceway, and drew the committee's attention to the fact that she had taken corrective action.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Morgan has admitted the charge it is thereby deemed to be proved.


sumissionsforpenalty:

Mr Zarb said that Ms Morgan had 200 career rides to her credit and had only appeared once before a Judicial Panel in the last 12 months, when she was suspended for 3 riding days on 20th December 2012. He agreed that she had taken quick corrective action, but also observed that "Sand'ior" was a favoured runner and that Ms Lunn had instructions to race in a handy position. She was unable to do so as a result of the check that she received. Mr Zarb also pointed out that Miss Morgan has been riding in the Central Districts and that when we were considering penalty that we should take into account the race days in the Central Districts in the forthcoming weeks.

Mr Zarb said that he thought the degree of carelessness was mid-range.

Miss Morgan emphasised the steps she took to correct her line after hearing Ms Williams call out and said that she was of the understanding that Ms Williams was happy to let her across. She confirmed that she is offered rides in the Central Districts by Licensed Trainer JG Litt and expected to be riding in the Central Districts in the forthcoming weeks. She was also concerned that Cup Week was approaching and that she did not want to miss rides on the premier days.


reasonsforpenalty:

The degree of carelessness was considered to be mid-range by the Stipendiary Stewards. However, having regard to the fact that, as Mr Pitman pointed out to the hearing, that horses are travelling at approximately 17 metres per second at that stage of the race, that means that extreme care has to be taken by all riders and in particular by riders who are drawn wide and wish to move across to a rails run. Ms Williams was inconvenienced, to say the least, as was Ms Lunn who received a check and lost ground when she was intending to race handy. We commend Miss Morgan for the immediate corrective action that she took, but the fact of the matter is that the damage was done by the time the corrective action was taken.

A suspension is the only penalty that can be considered. The starting point, we take from the Judicial Control Authority's Penalty Guide as being that of a 5 day suspension.

Against that we must then take into account aggravating and mitigating factors.

We view  the degree of carelessness as being slightly higher than mid-range. Two other horses were inconvenienced and in particular a favoured runner incurred a check. The incident occurred at a stage of the race where a lot of care is required. These aggravating factors call for an uplift of one day, making our starting point 6 days.

Against that, we take into account the mitigating factors, which are Miss Morgan's good record, her admission of the breach, and the skilful response that she took when she realised that she was causing interference to two other horses. These mitigating factors allow us to provide a discount of 2 days on our starting point, making the suspension to be imposed that of 4 days.

Miss Morgan said that she had riding engagements on the first day of Cup Week, and this was confirmed by Mr Pitman. As a result we grant a deferment of the coming into effect  on penalty, enabling Miss Morgan to ride at Riccarton on 9th November 2013.

We are informed that Miss Morgan rides in the Central Districts and is likely to have engagement in the next couple of weeks with Licensed Trainer JG Litt.


penalty:

Miss Morgan is suspended from race riding from the conclusion of racing on Saturday 9th November 2013 until the conclusion of racing on Thursday 14th November 2013. That period encompasses meetings at Hastings on 10th, Awapuni 12th, Riccarton 13th and Otaki 14th November 2013.


hearing_type: Hearing


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


Informant: M Zarb - Stipendiary Steward


JockeysandTrainer: A Morgan - Apprentice Jockey


Otherperson: Mr MR Pitman - Licensed Trainer assisting Miss Morgan


PersonPresent:


Respondent:


StipendSteward:


raceid: 261cacc42aff88ff12c80e86cfe22aa8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b58f40fb3f8728d384b9e85ef96a6288


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/11/2013


meet_title: Banks Peninsula RC - 3 November 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-rc


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: SChing


meet_pm2: none


name: Banks Peninsula RC