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Canterbury JC 5 October 2013 – R 4

ID: JCA11107

Applicant:
M Zarb - Stipendiary Steward

Respondent(s):
JC Bates - Licensed Jockey

Information Number:
A4947

Hearing Type:
Hearing

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 5 October 2013

Meet Chair:
KHales

Meet Committee Member 1:
RMcKenzie

Race Date:
2013/10/05

Race Number:
R4

Decision:

As the charge was admitted it was therefore deemed to be proved.

Penalty:

Mr Bates is suspended from race riding from the conclusion of racing on Saturday 5th October 2013 until the conclusion of racing on Wednesday 16th October 2013. That period encompasses meetings at Timaru 11th, Matamata 12th Winton 13th and Whangarei 16th October 2013.

Charge:

It was alleged that Mr J Bates permitted his mount to shift inwards when not clear of "The Right Answer" (T Moseley) causing that runner to check. This happened near the 1000 metres mark.

Facts:

As a result of an incident near the 1000 metres mark in Race 4, the "Zacinto at Inglewood Stud Guineas Trial", Licensed Jockey JC Bates was charged with careless riding. Mr Zarb told the hearing that Mr Bates allowed his mount "Choice Snitzel" to "lazily" shift inwards across the line of "The Right Answer", when barely a length clear. In the process, Licensed Jockey T Moseley, had to check his mount in order to keep off the heels of "Choice Snitzel". The incident was shown to the hearing on the video coverage from the head-on and side-on camera views.

Mr Bates admitted the breach and said that he thought that he had "rolled forward" enough, to be sufficiently clear of "The Right Answer". He said that the pace was not on at that stage of the race. He thought that he would be able to slide across on to the rails without causing a problem.

Submissions for Penalty:

Mr Zarb said that Mr Bates had returned to race riding in July 2013, after a period of time away from the industry. He said that Mr Bates was suspended for 2 days on his first day back to race riding.

Insofar as the incident was concerned, Mr Zarb said that it was a lazy effort on Mr Bates' part to pass "The Right Answer" in the manner that he did, with the consequential effect being that Mr Moseley had to check his mount in order to keep it off the heels of "Choice Snitzel". He rated the degree of carelessness at mid-range. He submitted that a suspension of 3 South Island days should be imposed.

Mr Bates told the hearing that he did not agree with the period of suspension applying to South Island days only. He said that of recent times, he has been engaged by the stable of Kenny & Lisa Rae, Licensed Trainers, Ruakaka, to ride for them. This was confirmed to us by virtue of an entry in the racebook which referred to Mr Bates having ridden in recent trials at Avondale for the Raes.

Mr Bates said that he did not wish to apply for a deferment of the coming into effect of any period of suspension imposed.

Reasons for Penalty:

In considering penalty our starting point is as per the Penalty Guide for Judicial Committees, namely a suspension of 5 race riding days.

We then look to the aggravating and mitigating features to determine the penalty to be imposed. This is the second occasion in a little over 3 months that Mr Bates has been charged with careless riding. The degree of carelessness was described by Mr Zarb as mid-range. He said that Mr Bates "lazily" shifted inwards when only just one length clear of "The Right Answer" and that Mr Moseley had to check his mount to keep of the heels of "Choice Snitzel". These are aggravating features which warrant an uplift on our starting point of one day, making the suspension, 6 days.

Against that, we allow as a mitigating feature, Mr Bates' early admission of the breach, and his co-operation in the inquiry, for which we allow a discount of 2 days, making the suspension, 4 days.

Mr Bates has not applied for a deferment of the coming into effect of the suspension.

Having heard Mr Bates' evidence that he has been engaged to ride for Kenny & Lisa Rae, we accept that in setting the penalty, we should take into account those North Island days where Mr Bates may be engaged to ride.

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: 0d7f890eb24015c7d2574ca364faa449


informantnumber: A4947


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/09/2013


hearing_title: Canterbury JC 5 October 2013 - R 4


charge:

It was alleged that Mr J Bates permitted his mount to shift inwards when not clear of "The Right Answer" (T Moseley) causing that runner to check. This happened near the 1000 metres mark.


facts:

As a result of an incident near the 1000 metres mark in Race 4, the "Zacinto at Inglewood Stud Guineas Trial", Licensed Jockey JC Bates was charged with careless riding. Mr Zarb told the hearing that Mr Bates allowed his mount "Choice Snitzel" to "lazily" shift inwards across the line of "The Right Answer", when barely a length clear. In the process, Licensed Jockey T Moseley, had to check his mount in order to keep off the heels of "Choice Snitzel". The incident was shown to the hearing on the video coverage from the head-on and side-on camera views.

Mr Bates admitted the breach and said that he thought that he had "rolled forward" enough, to be sufficiently clear of "The Right Answer". He said that the pace was not on at that stage of the race. He thought that he would be able to slide across on to the rails without causing a problem.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was therefore deemed to be proved.


sumissionsforpenalty:

Mr Zarb said that Mr Bates had returned to race riding in July 2013, after a period of time away from the industry. He said that Mr Bates was suspended for 2 days on his first day back to race riding.

Insofar as the incident was concerned, Mr Zarb said that it was a lazy effort on Mr Bates' part to pass "The Right Answer" in the manner that he did, with the consequential effect being that Mr Moseley had to check his mount in order to keep it off the heels of "Choice Snitzel". He rated the degree of carelessness at mid-range. He submitted that a suspension of 3 South Island days should be imposed.

Mr Bates told the hearing that he did not agree with the period of suspension applying to South Island days only. He said that of recent times, he has been engaged by the stable of Kenny & Lisa Rae, Licensed Trainers, Ruakaka, to ride for them. This was confirmed to us by virtue of an entry in the racebook which referred to Mr Bates having ridden in recent trials at Avondale for the Raes.

Mr Bates said that he did not wish to apply for a deferment of the coming into effect of any period of suspension imposed.


reasonsforpenalty:

In considering penalty our starting point is as per the Penalty Guide for Judicial Committees, namely a suspension of 5 race riding days.

We then look to the aggravating and mitigating features to determine the penalty to be imposed. This is the second occasion in a little over 3 months that Mr Bates has been charged with careless riding. The degree of carelessness was described by Mr Zarb as mid-range. He said that Mr Bates "lazily" shifted inwards when only just one length clear of "The Right Answer" and that Mr Moseley had to check his mount to keep of the heels of "Choice Snitzel". These are aggravating features which warrant an uplift on our starting point of one day, making the suspension, 6 days.

Against that, we allow as a mitigating feature, Mr Bates' early admission of the breach, and his co-operation in the inquiry, for which we allow a discount of 2 days, making the suspension, 4 days.

Mr Bates has not applied for a deferment of the coming into effect of the suspension.

Having heard Mr Bates' evidence that he has been engaged to ride for Kenny & Lisa Rae, we accept that in setting the penalty, we should take into account those North Island days where Mr Bates may be engaged to ride.


penalty:

Mr Bates is suspended from race riding from the conclusion of racing on Saturday 5th October 2013 until the conclusion of racing on Wednesday 16th October 2013. That period encompasses meetings at Timaru 11th, Matamata 12th Winton 13th and Whangarei 16th October 2013.


hearing_type: Hearing


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


Informant: M Zarb - Stipendiary Steward


JockeysandTrainer: JC Bates - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 439c1f10dfe9246f10fd52eadd430277


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: b5c032feccf7751b1ce25e3cadb479bc


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/10/2013


meet_title: Canterbury Racing - 5 October 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing