Archive Decision

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Canterbury JC 15 November 2017 – R 8 – Chair, Prof G Hall

ID: JCA14253

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr R Cuneen - Licesed Jockey

Other Person:
Mr J McLaughlin - Stipendiary Steward

Information Number:
A9534

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 15 November 2017

Meet Chair:
GHall

Meet Committee Member 1:
SChing

Race Date:
2017/11/15

Race Number:
R 8

Decision:

As Mr Cuneen has admitted the breach, it is found to be proved.

Penalty:

Mr Cuneen is suspended from the end of racing on Saturday 18 November up to and including Friday 1 December. We have not included Waverley 19 November in this calculation as riders have been declared for this day and Mr Cuneen is not riding at that meeting.

Facts:

Mr Oatham alleged that Mr Cuneen allowed his mount SIGNIFY to shift out, crowding and checking PASSITO, when passing the 500 metres in race 8, the LINDAUER STEWARDS STAKES HANDICAP 1200 metres.

Mr Cuneen confirmed at the commencement of the hearing that he admitted the breach.

Mr McLaughlin demonstrated on the videos that the respondent was racing adjacent to the rail near the 500 metres when he shifted outwards. Mr Cuneen was only ¾ of a length clear of Mr Weatherley, riding PASSITO, who was checked.

Mr Cuneen stated that his horse was travelling very quickly and when he realised what was happening it was too late. There was yelling, and he was now aware that he should have waited a little longer before shifting. He reiterated his horse was racing keenly. He had half angled out and when his horse saw daylight it had taken off.

Submissions for Penalty:

Mr Oatham produced the respondent’s record, which evidenced Mr Cuneen had 2 previous breaches of this rule in the past year. These were 30 December 2016 when he was suspended for 3 days, and 18 February 2017 when he was suspended for a further 3 days. Mr Oatham stated Mr Cuneen had been riding in Australia for part of this season. He described the record as a reasonable one.

Mr Oatham identified the breach as being low level. SIGNIFY was travelling well but Mr Weatherley was entitled to be where he was. His horse was weakening when it received the check. Mr Du Plessis was racing outside Mr Weatherley and thus Mr Weatherley had nowhere to go when the respondent shifted out.

Mr Oatham submitted an uplift in the 6-day starting point was appropriate for the status of the race.

Reasons for Penalty:

We accept the breach is towards the lower end of the scale. We uplift the 6-day starting point in the JCA Penalty Guide to 9 days having regard to the Group 3 status of the race. After a discount of one day for Mr Cuneen’s admission of the breach, the penalty is a suspension of 8 National 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: 6c2da60515c9ffbd9a146b46433ac95c


informantnumber: A9534


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 19/11/2017


hearing_title: Canterbury JC 15 November 2017 - R 8 - Chair, Prof G Hall


charge:


facts:

Mr Oatham alleged that Mr Cuneen allowed his mount SIGNIFY to shift out, crowding and checking PASSITO, when passing the 500 metres in race 8, the LINDAUER STEWARDS STAKES HANDICAP 1200 metres.

Mr Cuneen confirmed at the commencement of the hearing that he admitted the breach.

Mr McLaughlin demonstrated on the videos that the respondent was racing adjacent to the rail near the 500 metres when he shifted outwards. Mr Cuneen was only ¾ of a length clear of Mr Weatherley, riding PASSITO, who was checked.

Mr Cuneen stated that his horse was travelling very quickly and when he realised what was happening it was too late. There was yelling, and he was now aware that he should have waited a little longer before shifting. He reiterated his horse was racing keenly. He had half angled out and when his horse saw daylight it had taken off.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cuneen has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Oatham produced the respondent’s record, which evidenced Mr Cuneen had 2 previous breaches of this rule in the past year. These were 30 December 2016 when he was suspended for 3 days, and 18 February 2017 when he was suspended for a further 3 days. Mr Oatham stated Mr Cuneen had been riding in Australia for part of this season. He described the record as a reasonable one.

Mr Oatham identified the breach as being low level. SIGNIFY was travelling well but Mr Weatherley was entitled to be where he was. His horse was weakening when it received the check. Mr Du Plessis was racing outside Mr Weatherley and thus Mr Weatherley had nowhere to go when the respondent shifted out.

Mr Oatham submitted an uplift in the 6-day starting point was appropriate for the status of the race.


reasonsforpenalty:

We accept the breach is towards the lower end of the scale. We uplift the 6-day starting point in the JCA Penalty Guide to 9 days having regard to the Group 3 status of the race. After a discount of one day for Mr Cuneen’s admission of the breach, the penalty is a suspension of 8 National days.


penalty:

Mr Cuneen is suspended from the end of racing on Saturday 18 November up to and including Friday 1 December. We have not included Waverley 19 November in this calculation as riders have been declared for this day and Mr Cuneen is not riding at that meeting.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr R Cuneen - Licesed Jockey


Otherperson: Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 0aa84ce88d9d16a0f71447c4b47ef106


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 02ab581b4c5b59154155aff297ced645


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/11/2017


meet_title: Canterbury Racing - 15 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: SChing


meet_pm2: none


name: Canterbury Racing