Canterbury J C 1 October 2011 – R 4
ID: JCA17875
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 1 October 2011
Meet Chair:
KHales
Meet Committee Member 1:
JPhelan
Race Date:
2011/10/01
Race Number:
R4
Decision:
Having found that Mr Walsh rode carelessly, the charge is found proved accordingly.
Penalty:
Mr Walsh is suspended from race riding from the conclusion of racing on Saturday 8th October 2011 until the conclusion of racing on Friday 14th October 2011. That period encompasses meetings at Winton, Hawkes Bay and Counties and therefore constitutes a 3 day suspension.
Charge:
It was alleged that DM Walsh made insufficient effort to keep his horse "Show The Cash" from shifting in and crowding "Good Excuse" which had to be checked by its rider M Sweeney near the 600 metres.
Facts:
Mr Ray called Licensed Jockey M Sweeney to give evidence. Mr Sweeney said that from the starting barrier at the 1200 metres, he was racing on the rail, inside "Show The Cash", approximately one quarter of a length to one half of a length on "Show The Cash". As the field crossed the junction on to the course proper, Mr Walsh increased the tempo and crossed the path of "Good Excuse". In the process, Mr Sweeney's mount clipped a heel of "Show The Cash " although he said it wasn't a major stumble.
Mr Ray then asked Stipendiary Steward N McIntyre, to show the incident on the video coverage. The hearing was shown the incident from the head-on and side-on camera views. Mr McIntyre pointed out how Mr Sweeney had established his running line and how Mr Walsh shifted ground and took the line of running from Mr Sweeney who had to restrain his mount about the 600 metres mark as a consequence of Mr Walsh crossing over to the rail, without giving him room to his inside.
Mr Walsh asked Mr Sweeney if "Good Excuse" was racing keenly. Mr Sweeney agreed but said he was happy where he was. He then asked Mr Sweeney if his horse could have over-reacted. Mr Sweeney said his horse could have over-reacted. Mr Walsh then put it to Mr Sweeney that as the field crosses the junction that the corner of the course proper, that the running rail does seem to come out "to meet you". Mr Sweeney said that it was hard to judge when not running in a straight line.
Mr Walsh then presented his defence. He said that he was a reluctant leader and wanted to sit out from the rail. He said that he was always aware of Mr Sweeney's presence as they raced down the chute, but having crossed over to the course proper, he didn't see him again. He said that it was hard to keep a true line and that he didn't move across very much. He again made reference to the rail coming out to "meet you". Mr Walsh agreed that he was conscious of the need to give Mr Sweeney plenty of room. He felt that had he been in Mr Sweeney's position then he would have pushed up harder than what Mr Sweeney did. He thought that Mr Sweeney had not taken the line he was on prior to the junction and had dropped in behind him. He did acknowledge that Mr Sweeney had established his line prior to the junction.
Submissions for Decision:
Mr Ray submitted that Mr Sweeney had established his line which was taken from him by Mr Walsh crossing over that line when not clear.
Mr Walsh had no further submissions to make.
Reasons for Decision:
We gave careful consideration to the evidence.
As the field raced down the chute from the 1200 metres start, Mr Walsh on "Show The Cash" was leading the field but with "Good Excuse" racing on his inside. It was not disputed that "Good Excuse" was racing one quarter to one half length up on "Show The Cash". Thus "Good Excuse" had taken ownership of a racing line.
As the field crossed over the junction to the course proper, the horses in question remained in roughly the same proximity. However, within a short time of being on the course proper at about the 600 metres mark, "Show The Cash" crowded "Good Excuse" by crossing over, and Mr Sweeney had to check "Good Excuse" out of his position. A heel was clipped in the process.
Mr Walsh acknowledged that prior to the junction that he was aware of Mr Sweeney's presence. Once the field had crossed the junction, Mr Walsh said that he looked and didn't see Mr Sweeney and thought that Mr Sweeney had fallen in behind him. "Regrettably, "Good Excuse" was there to be seen. Mr Walsh went across Mr Sweeney's line and "Good Excuse" clipped a heel in the process. Mr Walsh was not his own length and another length clear when crossing.
Thus, although the degree of carelessness was at the lower end of the scale, we find that Mr Walsh's riding was careless.
Submissions for Penalty:
Mr Ray submitted that a suspension was appropriate and that a 5 day suspension should be imposed. He conceded that the degree of carelessness was at the lower end of the scale. He also said that Mr Walsh had a very good record and hadn't appeared on a charge of careless riding for at least 12 months and possibly longer.
Mr Walsh told us that he thought it was at least 2 years since he had appeared on a charge of careless riding. He made application for a 7 day deferrment of the coming into effect of a period of suspension as he said that he had riding engagements in the next 7 days.
Reasons for Penalty:
In setting penalty, we are obliged in terms of consistency to adopt as a starting point, a suspension of 5 days. However, we are entitled to take into account mitigating and aggravating features in setting the final result.
The mitigating features are Mr Walsh's exemplary record, for a busy rider who rides on a nationwide basis, and the fact that the degree of carelessness was at the lower end. There are, in our opinion, no aggravating features. Even though"Good Excuse" clipped a heel, it was not incovenienced to any great extent, and Mr Sweeney did not seem to imply that his safety was compromised as a consequence. Thus, applying the mitigating features, we allow a discount of 2 days on our starting point.
Mr Walsh has appied for a 7 day deferrment of the coming into effect of any period of suspension. That application is granted.
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: f8c41ba10a42358f486b37f0472c0602
informantnumber: 69509
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 20/09/2011
hearing_title: Canterbury J C 1 October 2011 - R 4
charge:
It was alleged that DM Walsh made insufficient effort to keep his horse "Show The Cash" from shifting in and crowding "Good Excuse" which had to be checked by its rider M Sweeney near the 600 metres.
facts:
Mr Ray called Licensed Jockey M Sweeney to give evidence. Mr Sweeney said that from the starting barrier at the 1200 metres, he was racing on the rail, inside "Show The Cash", approximately one quarter of a length to one half of a length on "Show The Cash". As the field crossed the junction on to the course proper, Mr Walsh increased the tempo and crossed the path of "Good Excuse". In the process, Mr Sweeney's mount clipped a heel of "Show The Cash " although he said it wasn't a major stumble.
Mr Ray then asked Stipendiary Steward N McIntyre, to show the incident on the video coverage. The hearing was shown the incident from the head-on and side-on camera views. Mr McIntyre pointed out how Mr Sweeney had established his running line and how Mr Walsh shifted ground and took the line of running from Mr Sweeney who had to restrain his mount about the 600 metres mark as a consequence of Mr Walsh crossing over to the rail, without giving him room to his inside.
Mr Walsh asked Mr Sweeney if "Good Excuse" was racing keenly. Mr Sweeney agreed but said he was happy where he was. He then asked Mr Sweeney if his horse could have over-reacted. Mr Sweeney said his horse could have over-reacted. Mr Walsh then put it to Mr Sweeney that as the field crosses the junction that the corner of the course proper, that the running rail does seem to come out "to meet you". Mr Sweeney said that it was hard to judge when not running in a straight line.
Mr Walsh then presented his defence. He said that he was a reluctant leader and wanted to sit out from the rail. He said that he was always aware of Mr Sweeney's presence as they raced down the chute, but having crossed over to the course proper, he didn't see him again. He said that it was hard to keep a true line and that he didn't move across very much. He again made reference to the rail coming out to "meet you". Mr Walsh agreed that he was conscious of the need to give Mr Sweeney plenty of room. He felt that had he been in Mr Sweeney's position then he would have pushed up harder than what Mr Sweeney did. He thought that Mr Sweeney had not taken the line he was on prior to the junction and had dropped in behind him. He did acknowledge that Mr Sweeney had established his line prior to the junction.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ray submitted that Mr Sweeney had established his line which was taken from him by Mr Walsh crossing over that line when not clear.
Mr Walsh had no further submissions to make.
reasonsfordecision:
We gave careful consideration to the evidence.
As the field raced down the chute from the 1200 metres start, Mr Walsh on "Show The Cash" was leading the field but with "Good Excuse" racing on his inside. It was not disputed that "Good Excuse" was racing one quarter to one half length up on "Show The Cash". Thus "Good Excuse" had taken ownership of a racing line.
As the field crossed over the junction to the course proper, the horses in question remained in roughly the same proximity. However, within a short time of being on the course proper at about the 600 metres mark, "Show The Cash" crowded "Good Excuse" by crossing over, and Mr Sweeney had to check "Good Excuse" out of his position. A heel was clipped in the process.
Mr Walsh acknowledged that prior to the junction that he was aware of Mr Sweeney's presence. Once the field had crossed the junction, Mr Walsh said that he looked and didn't see Mr Sweeney and thought that Mr Sweeney had fallen in behind him. "Regrettably, "Good Excuse" was there to be seen. Mr Walsh went across Mr Sweeney's line and "Good Excuse" clipped a heel in the process. Mr Walsh was not his own length and another length clear when crossing.
Thus, although the degree of carelessness was at the lower end of the scale, we find that Mr Walsh's riding was careless.
Decision:
Having found that Mr Walsh rode carelessly, the charge is found proved accordingly.
sumissionsforpenalty:
Mr Ray submitted that a suspension was appropriate and that a 5 day suspension should be imposed. He conceded that the degree of carelessness was at the lower end of the scale. He also said that Mr Walsh had a very good record and hadn't appeared on a charge of careless riding for at least 12 months and possibly longer.
Mr Walsh told us that he thought it was at least 2 years since he had appeared on a charge of careless riding. He made application for a 7 day deferrment of the coming into effect of a period of suspension as he said that he had riding engagements in the next 7 days.
reasonsforpenalty:
In setting penalty, we are obliged in terms of consistency to adopt as a starting point, a suspension of 5 days. However, we are entitled to take into account mitigating and aggravating features in setting the final result.
The mitigating features are Mr Walsh's exemplary record, for a busy rider who rides on a nationwide basis, and the fact that the degree of carelessness was at the lower end. There are, in our opinion, no aggravating features. Even though"Good Excuse" clipped a heel, it was not incovenienced to any great extent, and Mr Sweeney did not seem to imply that his safety was compromised as a consequence. Thus, applying the mitigating features, we allow a discount of 2 days on our starting point.
Mr Walsh has appied for a 7 day deferrment of the coming into effect of any period of suspension. That application is granted.
penalty:
Mr Walsh is suspended from race riding from the conclusion of racing on Saturday 8th October 2011 until the conclusion of racing on Friday 14th October 2011. That period encompasses meetings at Winton, Hawkes Bay and Counties and therefore constitutes a 3 day suspension.
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: AL Ray - Stipendiary Steward
JockeysandTrainer: DM Walsh - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b61ab9b0e608220b37acaa7cbd74d87f
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: 09c57b24aead1abb40f56e624479b94e
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/10/2011
meet_title: Canterbury Racing - 1 October 2011
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