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Canterbury JC 27 May 2011 – R10

ID: JCA15130

Applicant:
A Coles - Stipendiary Steward

Respondent(s):
Michelle Carston

Information Number:
6961

Hearing Type:
Hearing

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 27 May 2011

Meet Chair:
KHales

Meet Committee Member 1:
JMillar

Race Date:
2011/05/27

Race Number:
R10

Decision:

As Ms Carston has admitted the breach of the rule, it is deemed to be proved.

Penalty:

We delivered the following penalty decsion on race day:
 
"It is this committee's view that the careless riding was edging up to the higher end of the scale. There was quite a significant check caused to Mr Johnson's mount and it really did seem as though that you did not have a lot of regard for the horses on your outside.  Our starting point for imposing penalty is a 4 day suspension. We will take into account your very good record and the fact that you have admitted the charge at an early stage. Accordingly, we are going to provide a day's discount off that starting point. So, you will be suspended for 3 days. That will take you out  of meetings for Dunedin on the 5th June, Timaru on 9th June and Oamaru on the 12th June.  You are suspended as of now, the conclusion of racing on 27th May 2011 until the conclusion of racing on the 12th June 2011"

Charge:

M Carston, the rider of "Rapahoe Rose" permitted her mount to shift ground outwards when not clear, causing "Dior's Gold" (CW Johnson) to check and hampering "Stormy Rain" (J Morris)

Facts:

Mr Coles opened the Stipendiary Stewards case by stating that as the field was was on the turn for home, that at the 350 metres mark (approx), Ms Carston shifted ground outwards to obtain a clear run. In the process, she caused quite a significant check to "Dior's Gold" (CW Johnson). Also, in the process of her outward movement, Ms Carston's mount also came into contact with "Stormy Rain" (J Morris), hampering that horse's run.
 
Mr Coles called on Mr J McLaughlin (Stipendiary Steward) to demonstrate the incident with the assistance of the video coverage from the perspective of the side-on and rear-on cameras. He pointed out how "Dior's Gold" had moved into a gap on the outside of "Rapahoe Rose", but Ms Carston's outward movement caused a check to "Dior's Gold". In the same movement, there was contact with "Stormy Rain", which was hampered. Ms Carston was not her own length and another length clear at the time of her outwards movement.
 
By way of explanation, Ms Carston stated that as she approached the home turn, that she was "laying out" on the outside of the leader, and that was where her focus was. She acknowledged that she then moved out in the manner alleged. She acknowledged that she was not aware of CW Johnson's presence on her outside flank.

Submissions for Penalty:

Mr Coles told the hearing that Ms Carston has an excellent record, as busy South Island rider. She has not appeared before a Judicial Committee in the past 12 months, and Ms Carston had advised him that she had only been charged pursuant to Rule 638(1)(d) on in the season before last.  Notwithstanding her good record, Mr Coles said that there had been quite a reasonable check to "Dior's Gold" and submitted that a suspension of 3 or 4 days should be imposed. She had also admitted the charge at an early opportunity.
 
In response, Ms Carston asked the committee to take into account, her good record. She advised the committee that she did not have any riding engagements in the next 7 days and thus, if suspended, she did not need to make an application to have the coming into effect of the suspension, deferred.

Reasons for Penalty:

Having regard to the nature of the charge, a suspension must be considered.

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: 6d65d615edb971ca893c55b0e0f16bd4


informantnumber: 6961


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 25/05/2011


hearing_title: Canterbury JC 27 May 2011 - R10


charge:

M Carston, the rider of "Rapahoe Rose" permitted her mount to shift ground outwards when not clear, causing "Dior's Gold" (CW Johnson) to check and hampering "Stormy Rain" (J Morris)


facts:

Mr Coles opened the Stipendiary Stewards case by stating that as the field was was on the turn for home, that at the 350 metres mark (approx), Ms Carston shifted ground outwards to obtain a clear run. In the process, she caused quite a significant check to "Dior's Gold" (CW Johnson). Also, in the process of her outward movement, Ms Carston's mount also came into contact with "Stormy Rain" (J Morris), hampering that horse's run.
 
Mr Coles called on Mr J McLaughlin (Stipendiary Steward) to demonstrate the incident with the assistance of the video coverage from the perspective of the side-on and rear-on cameras. He pointed out how "Dior's Gold" had moved into a gap on the outside of "Rapahoe Rose", but Ms Carston's outward movement caused a check to "Dior's Gold". In the same movement, there was contact with "Stormy Rain", which was hampered. Ms Carston was not her own length and another length clear at the time of her outwards movement.
 
By way of explanation, Ms Carston stated that as she approached the home turn, that she was "laying out" on the outside of the leader, and that was where her focus was. She acknowledged that she then moved out in the manner alleged. She acknowledged that she was not aware of CW Johnson's presence on her outside flank.

appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Carston has admitted the breach of the rule, it is deemed to be proved.

sumissionsforpenalty:

Mr Coles told the hearing that Ms Carston has an excellent record, as busy South Island rider. She has not appeared before a Judicial Committee in the past 12 months, and Ms Carston had advised him that she had only been charged pursuant to Rule 638(1)(d) on in the season before last.  Notwithstanding her good record, Mr Coles said that there had been quite a reasonable check to "Dior's Gold" and submitted that a suspension of 3 or 4 days should be imposed. She had also admitted the charge at an early opportunity.
 
In response, Ms Carston asked the committee to take into account, her good record. She advised the committee that she did not have any riding engagements in the next 7 days and thus, if suspended, she did not need to make an application to have the coming into effect of the suspension, deferred.

reasonsforpenalty:

Having regard to the nature of the charge, a suspension must be considered.

penalty:

We delivered the following penalty decsion on race day:
 
"It is this committee's view that the careless riding was edging up to the higher end of the scale. There was quite a significant check caused to Mr Johnson's mount and it really did seem as though that you did not have a lot of regard for the horses on your outside.  Our starting point for imposing penalty is a 4 day suspension. We will take into account your very good record and the fact that you have admitted the charge at an early stage. Accordingly, we are going to provide a day's discount off that starting point. So, you will be suspended for 3 days. That will take you out  of meetings for Dunedin on the 5th June, Timaru on 9th June and Oamaru on the 12th June.  You are suspended as of now, the conclusion of racing on 27th May 2011 until the conclusion of racing on the 12th June 2011"

hearing_type: Hearing


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


Informant: A Coles - Stipendiary Steward


JockeysandTrainer: Michelle Carston


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 094939cfdc91bcbdbb7e69e583193484


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 475779719250f11fbe9576236f0a35b7


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/05/2011


meet_title: Canterbury Racing - 27 May 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "KHales", "Member": "", "OtherExpenses": "0", "KMs": "66", "Total": "40.92", "kmprice": 40.920000000000002, "Approved": "on"}]


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: JMillar


meet_pm2: none


name: Canterbury Racing