Archive Decision

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Cambridge JC 27 November 2016 – R 4 – Chair, Mr A Godsalve

ID: JCA13698

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr L Innes - Class A rider

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
A7893

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Cambridge JC - 27 November 2016

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2016/11/27

Race Number:
R4

Decision:

As Mr Innes has admitted the breach we find the charge proved.

Penalty:

The Committee therefore imposed a period of suspension on Mr Innes to take effect after racing at Te Rapa on 27 November, and to conclude after racing at Tauranga on 9 December 2016, a 4 day suspension.

The racemeetings included in this suspension are:

30 November - Counties

3   December - Ellerslie/Wellington

7   December - Ellerslie

9   December - Tauranga

In imposing the above suspension the Commitee stressed to Mr Innes that he is strongly advised to ride at forthcoming Industry meetings in the Central Districts area, and even in the South Island, to prevent any further misconceptions he has about the application of the guidelines by Judicial Committees.

Facts:

Following the running of Race 4, the COOLMORE AUSTRALIA 1400, an Information was presented alleging that Mr Innes 'Keely Be' had near the 300 metres allowed his mount to shift in when not clear of 'Feisty Jane' and 'Upandgo' which were both crowded and hampered.

Mr Innes was present at the hearing and ackowledged that he understood the Rule and that he admitted the breach.

Rule 638'1''d' provides that 'A Rider shall not ride horse in a manner which the Judicial Committee considers to be careless'.

Using the available video films Mr Williamson identified the horses involved in this incident. As the field approached the 300 metres mark 'Keely Be' was racing on the outside of 'Feisty Jane', with 'Upandgo' inside that horse. 'Keely Be' was racing keenly at the time and went on to win the race. Mr Innes was riding forward and allowed his mount to shift inwards, crowding Mr C Grylls who was riding 'Feisty Jane'. This caused Mr Grylls to take a hold of 'Feisty Jane' which in turn crowded 'Upandgo', ridden by Ms S Spratt. Mr Williamson said that Mr Innes was never the required distance clear of 'Feisty Jane' when his mount shifted inwards towards that horse. He added that while the interference was at the lower end of the scale, riders had an obligation to maintain a straight line and not disadvantage other riders and horses. Mr Williamson added that the result of this interference was not particuarly significant in the overall context of the race.

Mr Innes admitted that he had made an error of judgement. He said his mount was improving and had taken him a little by surprise. Mr Innes used the head-on film to show that in his opinion there was a some outwards movment by 'Kane' (Mr O Bosson) which had been racing alongside the running rail. He added that this may have put a little bit of pressure into the situation, and added that there was a strong wind at the time which had had an effect on his mount.

Submissions for Penalty:

Mr Coles produced Mr Innes's riding record which showed 3 prior breaches of this Rule within the previous 12 months. On 28 November 2015 he had been suspended for 4 days, and in April 2016 he had been suspended twice for 4 days and then later that month for 5 days. Mr Coles added that Mr Innes was a popular rider and should be given credit for his admission of the breach. He said that while the breach called for a suspension of Mr Innes riding licence, as it fell into the lower end of the scale he believed the suspension could be one of 4 days.

Mr Innes told the Committee that he had 2 confirmed rides at the Counties meeting on Wednesday 30 November 2016 which he believed he could be released from. If that was the case he said he would prefer to start any suspension at the end of todays racing. Mr Innes acknowledged that he did not have any history of riding at Industry days outside the Auckland/Waikato area. He said that he intended doing so in the near future and in fact had booked a flight to New Plymouth to ride there on Thursday 1st December.

The Committee asked Mr Williamson to ascertain details of Mr Innes's recent riding history. It was then clear that Mr Innes had only travelled to ride at Premier meetings outside the Auckland/Waikato area, a fact which Mr Innes confirmed.

Reasons for Penalty:

The Committee took careful note of the submissions of the parties. To Mr Innes's credit is that he has admitted the breach, and that his record over the past 12 months is a good one given that he is a fairly busy rider. We accept that the level of interference in this incident was towards the lower end of the scale of seriousness; however it is clear that the safety of all horses and riders in races is paramount and any breaches of this Rule can be critical.

The Committee requested confirmation from the connections of the horses Mr Innes had agreed to ride at Counties that they could obtain suitable replacement riders if Mr Innes was unavailable. This was done to the satisfaction of the Committee. Mr Innes had in fact been engaged for 3 horses that day.

The JCA Penalty Guide calls for a starting point of a 5 day suspension for a breach of this Rule. We consider that Mr Innes' admission along with the lower level of carelessness allows us to consider a discount on that starting point. We found it hard to accept Mr Innes' submission that Mr Bosson had had any part to play in this incident.

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: 5a531347974fbe08d045626b038cfe99


informantnumber: A7893


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 28/11/2016


hearing_title: Cambridge JC 27 November 2016 - R 4 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 4, the COOLMORE AUSTRALIA 1400, an Information was presented alleging that Mr Innes 'Keely Be' had near the 300 metres allowed his mount to shift in when not clear of 'Feisty Jane' and 'Upandgo' which were both crowded and hampered.

Mr Innes was present at the hearing and ackowledged that he understood the Rule and that he admitted the breach.

Rule 638'1''d' provides that 'A Rider shall not ride horse in a manner which the Judicial Committee considers to be careless'.

Using the available video films Mr Williamson identified the horses involved in this incident. As the field approached the 300 metres mark 'Keely Be' was racing on the outside of 'Feisty Jane', with 'Upandgo' inside that horse. 'Keely Be' was racing keenly at the time and went on to win the race. Mr Innes was riding forward and allowed his mount to shift inwards, crowding Mr C Grylls who was riding 'Feisty Jane'. This caused Mr Grylls to take a hold of 'Feisty Jane' which in turn crowded 'Upandgo', ridden by Ms S Spratt. Mr Williamson said that Mr Innes was never the required distance clear of 'Feisty Jane' when his mount shifted inwards towards that horse. He added that while the interference was at the lower end of the scale, riders had an obligation to maintain a straight line and not disadvantage other riders and horses. Mr Williamson added that the result of this interference was not particuarly significant in the overall context of the race.

Mr Innes admitted that he had made an error of judgement. He said his mount was improving and had taken him a little by surprise. Mr Innes used the head-on film to show that in his opinion there was a some outwards movment by 'Kane' (Mr O Bosson) which had been racing alongside the running rail. He added that this may have put a little bit of pressure into the situation, and added that there was a strong wind at the time which had had an effect on his mount.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Innes has admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Coles produced Mr Innes's riding record which showed 3 prior breaches of this Rule within the previous 12 months. On 28 November 2015 he had been suspended for 4 days, and in April 2016 he had been suspended twice for 4 days and then later that month for 5 days. Mr Coles added that Mr Innes was a popular rider and should be given credit for his admission of the breach. He said that while the breach called for a suspension of Mr Innes riding licence, as it fell into the lower end of the scale he believed the suspension could be one of 4 days.

Mr Innes told the Committee that he had 2 confirmed rides at the Counties meeting on Wednesday 30 November 2016 which he believed he could be released from. If that was the case he said he would prefer to start any suspension at the end of todays racing. Mr Innes acknowledged that he did not have any history of riding at Industry days outside the Auckland/Waikato area. He said that he intended doing so in the near future and in fact had booked a flight to New Plymouth to ride there on Thursday 1st December.

The Committee asked Mr Williamson to ascertain details of Mr Innes's recent riding history. It was then clear that Mr Innes had only travelled to ride at Premier meetings outside the Auckland/Waikato area, a fact which Mr Innes confirmed.


reasonsforpenalty:

The Committee took careful note of the submissions of the parties. To Mr Innes's credit is that he has admitted the breach, and that his record over the past 12 months is a good one given that he is a fairly busy rider. We accept that the level of interference in this incident was towards the lower end of the scale of seriousness; however it is clear that the safety of all horses and riders in races is paramount and any breaches of this Rule can be critical.

The Committee requested confirmation from the connections of the horses Mr Innes had agreed to ride at Counties that they could obtain suitable replacement riders if Mr Innes was unavailable. This was done to the satisfaction of the Committee. Mr Innes had in fact been engaged for 3 horses that day.

The JCA Penalty Guide calls for a starting point of a 5 day suspension for a breach of this Rule. We consider that Mr Innes' admission along with the lower level of carelessness allows us to consider a discount on that starting point. We found it hard to accept Mr Innes' submission that Mr Bosson had had any part to play in this incident.


penalty:

The Committee therefore imposed a period of suspension on Mr Innes to take effect after racing at Te Rapa on 27 November, and to conclude after racing at Tauranga on 9 December 2016, a 4 day suspension.

The racemeetings included in this suspension are:

30 November - Counties

3   December - Ellerslie/Wellington

7   December - Ellerslie

9   December - Tauranga

In imposing the above suspension the Commitee stressed to Mr Innes that he is strongly advised to ride at forthcoming Industry meetings in the Central Districts area, and even in the South Island, to prevent any further misconceptions he has about the application of the guidelines by Judicial Committees.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr L Innes - Class A rider


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 06431e4ee1d7115177f0f16e2328a920


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: bdfca922b5b0ec375844a2aa4d9d2d42


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/11/2016


meet_title: Cambridge JC - 27 November 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cambridge-jc


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Cambridge JC