Archive Decision

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Cantebury R 17 December 2010 – R 6

ID: JCA13345

Applicant:
R Neal, Stipendiary Steward

Respondent(s):
R J Bishop, Licensed Jockey

Other Person:
Mr J McLaughlin, Stipendiary Steward

Information Number:
6800

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 17 December 2010

Meet Chair:
KHales

Meet Committee Member 1:
JPhelan

Race Date:
2010/12/17

Race Number:
R 6

Decision:

As Mr Bishop has admitted the charge, it is therefore deemed to be proved.

Penalty:

Taking into account the mitigating factors we allow a discount of three days on the starting point, which therefore means that Mr Bishop will be suspended from race riding for a period of two South Island days, commencing at the conclusion of racing on Sunday 19 December 2010 until the conclusion of racing on Tuesday 28 December 2010.

This has the effect of putting Mr Bishop out from race riding for meetings at Wingatui and Timaru.

Charge:

It was alleged that RJ Bishop, rider of “Hand of Faith” permitted his mount to shift in passing the 1,300 metres mark when not clear, dictating “Tipulater” (J Bullard) in on to “Menalaus” (A Mundy) which was checked.

As a consequence, Mr Bishop was charged with a breach of Rule 638(1)(d).
638(1)(d) reads as follows:

A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.”

Facts:

The incident which gave rise to the charge was demonstrated to the hearing by Mr J McLaughlin using the video coverage. Mr Bishop’s mount was drawn in Barrier 5 in a five horse field. Shortly after the start, Mr Bishop moved suddenly across the front of the field when not his own length and another length clear. His actions meant that pressure was placed on “Tipulater” and also “Menalaus”, both of which received tightening and placed in some difficulties for a period of time.

Another horse, “El Chico” ridden by A Denby was also placed in some trouble, but Mr Neal did observe that “El Chico” was racing quite ungenerously at the time of the incident.

It was demonstrated how Mr Bishop put pressure on J Bullard’s mount, which in turn, affected Ms Mundy’s mount.

Mr Bishop did not have any comments to make with regard to the incident itself.

Submissions for Penalty:

Mr Neal drew our attention to the fact that Mr Bishop has a clear record since 2008. He advised that he is not a rider who normally “troubles the Stipendiary Stewards”. Mr Neal believed that Mr Bishop made an error of judgment and that his degree of carelessness was in the low to mid range bracket. He submitted that a suspension of two to three days should be imposed.

Mr Bishop did not have any submissions to make but did note that he had not been riding a lot of recent times.

Reasons for Penalty:

In this case a suspension is the most appropriate penalty.

We adopt a five day suspension as a starting point as being appropriate in terms of considering the term of suspension for this careless riding charge. However, that is a starting point, and we are able to take into account a number of mitigating factors which are:

a. Mr Bishop’s early admission of the charge.
b. Mr Bishop’s good record.
c. The degree of carelessness, which was described as low to medium by Mr Neal.
d. Mr Bishop is a South Island rider only.
e. We did not find any aggravating factors.

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: 65841268996f20748aaa77b3a33db64f


informantnumber: 6800


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/12/2010


hearing_title: Cantebury R 17 December 2010 - R 6


charge:

It was alleged that RJ Bishop, rider of “Hand of Faith” permitted his mount to shift in passing the 1,300 metres mark when not clear, dictating “Tipulater” (J Bullard) in on to “Menalaus” (A Mundy) which was checked.

As a consequence, Mr Bishop was charged with a breach of Rule 638(1)(d).
638(1)(d) reads as follows:

A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.”


facts:

The incident which gave rise to the charge was demonstrated to the hearing by Mr J McLaughlin using the video coverage. Mr Bishop’s mount was drawn in Barrier 5 in a five horse field. Shortly after the start, Mr Bishop moved suddenly across the front of the field when not his own length and another length clear. His actions meant that pressure was placed on “Tipulater” and also “Menalaus”, both of which received tightening and placed in some difficulties for a period of time.

Another horse, “El Chico” ridden by A Denby was also placed in some trouble, but Mr Neal did observe that “El Chico” was racing quite ungenerously at the time of the incident.

It was demonstrated how Mr Bishop put pressure on J Bullard’s mount, which in turn, affected Ms Mundy’s mount.

Mr Bishop did not have any comments to make with regard to the incident itself.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Bishop has admitted the charge, it is therefore deemed to be proved.


sumissionsforpenalty:

Mr Neal drew our attention to the fact that Mr Bishop has a clear record since 2008. He advised that he is not a rider who normally “troubles the Stipendiary Stewards”. Mr Neal believed that Mr Bishop made an error of judgment and that his degree of carelessness was in the low to mid range bracket. He submitted that a suspension of two to three days should be imposed.

Mr Bishop did not have any submissions to make but did note that he had not been riding a lot of recent times.


reasonsforpenalty:

In this case a suspension is the most appropriate penalty.

We adopt a five day suspension as a starting point as being appropriate in terms of considering the term of suspension for this careless riding charge. However, that is a starting point, and we are able to take into account a number of mitigating factors which are:

a. Mr Bishop’s early admission of the charge.
b. Mr Bishop’s good record.
c. The degree of carelessness, which was described as low to medium by Mr Neal.
d. Mr Bishop is a South Island rider only.
e. We did not find any aggravating factors.


penalty:

Taking into account the mitigating factors we allow a discount of three days on the starting point, which therefore means that Mr Bishop will be suspended from race riding for a period of two South Island days, commencing at the conclusion of racing on Sunday 19 December 2010 until the conclusion of racing on Tuesday 28 December 2010.

This has the effect of putting Mr Bishop out from race riding for meetings at Wingatui and Timaru.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: R Neal, Stipendiary Steward


JockeysandTrainer: R J Bishop, Licensed Jockey


Otherperson: Mr J McLaughlin, Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3aae14af635971b37024736d2be610e2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 24108e0b939e1de753d02b7f2009ad08


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/12/2010


meet_title: Canterbury Racing - 17 December 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: JPhelan


meet_pm2: none


name: Canterbury Racing