Archive Decision

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Canterbury JC – 9 August 2008 – Race 8

ID: JCA19527

Hearing Type:
Old Hearing

Rules:
866.1.c

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Canterbury JC - 9 August 2008

Race Date:
2008/08/09

Race Number:
Race 8

Decision:

Following the running of the Christchurch Casino Winter Classic Stakes at the Canterbury Jockey Club’s Grand National meeting, Mr B Hibberd was charged with a breach of Rule 866 (1) (c) in that he failed to ride his mount ENVY ME to the end of the race when having a chance of running third.



Following the running of the Christchurch Casino Winter Classic Stakes at the Canterbury Jockey Club’s Grand National meeting, Mr B Hibberd was charged with a breach of Rule 866 (1) (c) in that he failed to ride his mount ENVY ME to the end of the race when having a chance of running third.

--

Mr Hibberd, quite properly, admitted the charge which is therefore deemed to be proved.

--

The fact situation was quite simple.  ENVY ME was racing clear of other horses in third position, but approximately 40 to 50 metres from the line Mr Hibberd stopped riding his mount with vigour and another horse, JOINT EFFORT, changed its running line, came inside ENVY ME and beat ENVY ME by a nose.  Chief Stipendiary Steward Mr Cameron George was critical of Mr Hibberd’s actions and noted that other riders kept riding with vigour.

--

In explanation Mr Hibberd said that he made a serious error of judgement which he regretted deeply.  He said he was exhausted because he had ridden at 52 kilogrammes and thought he was closer to the line than he in fact was, and that the horse was “dipping and diving”.

--

In terms of penalty, Mr George informed the hearing that Mr Hibberd had been charged before pursuant to this rule, the last time being in December 2002 when he was fined $1,000 and suspended for three days.

--

We observe at this point that, for the purposes of penalty, we record that earlier breaches of this charge have not influenced our decision as Mr Hibberd has effectively had a good record over the last six years.

--

Mr George pointed out that the breach had affected the connections because the race was a Listed Stakes Race, and thus the horse has lost the opportunity to have black type on its race record and that the difference in stake was $2,500, the stake for third being $5,000.  He also mentioned that the betting public was affected.  He called for a suspension of between four and six weeks.  Mr Hibberd expressed considerable remorse for his error of judgement and acknowledged the impact of failing in his duty.

--

A suspension is no doubt the only penalty that can be imposed in this instance.  In terms of establishing the term of suspension we have taken into account the following aggravating features :

--

1.         The impact on the horse’s connections.

--

2.         The loss of black type.

--

3.         The loss of stake money to the connections.

--

4.         The impact on the betting public.  We note that was no third dividend but there was still a trifecta dividend.

--

 

--

PENALTY DECISION

--

In mitigation, we give Mr Hibberd credit for his obvious and sincere expression of remorse and his immediate guilty plea.  We thank Mr Hibberd for his honesty and co-operation in the hearing.  He has a good record, and we cannot overlook the appalling track conditions and the effects of those conditions on both horses and riders.

--

Mr Hibberd explained to the hearing that he had an engagement to ride FITZY BOY at the Otaki Maori Racing Club’s meeting on Saturday 16 August and accordingly we will allow a deferment of the period of suspension.

--

The penalty will be a four week suspension which will commence from the conclusion of racing on 16 August 2008 to the conclusion of racing on 13 September 2008.

--

 

--

K G Hales

Chairman

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: 6a593779b7c5630197aea0de9dff82fc


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 09/08/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Canterbury JC - 9 August 2008 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of the Christchurch Casino Winter Classic Stakes at the Canterbury Jockey Club’s Grand National meeting, Mr B Hibberd was charged with a breach of Rule 866 (1) (c) in that he failed to ride his mount ENVY ME to the end of the race when having a chance of running third.



Following the running of the Christchurch Casino Winter Classic Stakes at the Canterbury Jockey Club’s Grand National meeting, Mr B Hibberd was charged with a breach of Rule 866 (1) (c) in that he failed to ride his mount ENVY ME to the end of the race when having a chance of running third.

--

Mr Hibberd, quite properly, admitted the charge which is therefore deemed to be proved.

--

The fact situation was quite simple.  ENVY ME was racing clear of other horses in third position, but approximately 40 to 50 metres from the line Mr Hibberd stopped riding his mount with vigour and another horse, JOINT EFFORT, changed its running line, came inside ENVY ME and beat ENVY ME by a nose.  Chief Stipendiary Steward Mr Cameron George was critical of Mr Hibberd’s actions and noted that other riders kept riding with vigour.

--

In explanation Mr Hibberd said that he made a serious error of judgement which he regretted deeply.  He said he was exhausted because he had ridden at 52 kilogrammes and thought he was closer to the line than he in fact was, and that the horse was “dipping and diving”.

--

In terms of penalty, Mr George informed the hearing that Mr Hibberd had been charged before pursuant to this rule, the last time being in December 2002 when he was fined $1,000 and suspended for three days.

--

We observe at this point that, for the purposes of penalty, we record that earlier breaches of this charge have not influenced our decision as Mr Hibberd has effectively had a good record over the last six years.

--

Mr George pointed out that the breach had affected the connections because the race was a Listed Stakes Race, and thus the horse has lost the opportunity to have black type on its race record and that the difference in stake was $2,500, the stake for third being $5,000.  He also mentioned that the betting public was affected.  He called for a suspension of between four and six weeks.  Mr Hibberd expressed considerable remorse for his error of judgement and acknowledged the impact of failing in his duty.

--

A suspension is no doubt the only penalty that can be imposed in this instance.  In terms of establishing the term of suspension we have taken into account the following aggravating features :

--

1.         The impact on the horse’s connections.

--

2.         The loss of black type.

--

3.         The loss of stake money to the connections.

--

4.         The impact on the betting public.  We note that was no third dividend but there was still a trifecta dividend.

--

 

--

PENALTY DECISION

--

In mitigation, we give Mr Hibberd credit for his obvious and sincere expression of remorse and his immediate guilty plea.  We thank Mr Hibberd for his honesty and co-operation in the hearing.  He has a good record, and we cannot overlook the appalling track conditions and the effects of those conditions on both horses and riders.

--

Mr Hibberd explained to the hearing that he had an engagement to ride FITZY BOY at the Otaki Maori Racing Club’s meeting on Saturday 16 August and accordingly we will allow a deferment of the period of suspension.

--

The penalty will be a four week suspension which will commence from the conclusion of racing on 16 August 2008 to the conclusion of racing on 13 September 2008.

--

 

--

K G Hales

Chairman

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 866.1.c


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