Archive Decision

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Canterbury R 10 November 2012 – R 2

ID: JCA10957

Applicant:
Mr R. L. Neal - Chief Stipendiary Steward

Respondent(s):
Miss K. A. Myers - Licensed Jockey

Other Person:
Mr M Zarb - Stipendiary Steward

Information Number:
A1359

Hearing Type:
Hearing

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 10 November 2012

Meet Chair:
JPhelan

Meet Committee Member 1:
KHales

Race Date:
2012/11/10

Race Number:
R6

Decision:

The charge was found to be proved.

Penalty:

On resuming the hearing we advised the parties of our reasons (as set out above) and that Miss Myers’ Jockey’s Licence was suspended from after the completion of racing on 17 November 2012 until after the completion of racing on 22 November 2012. This is a three (3) day suspension – the days being Woodville-Pahiatua on 19 November 2012, Winton on 21 November 2012, and Matamata on 22 November 2012.

Charge:

Alleged careless riding

Facts:

Following the running of Race 2, the NZ Bloodstock Insurance Premier, an information was filed by Chief Stipendiary Steward Mr R. L. Neal alleging a breach of Rule 638(1)(d) by Licensed Jockey Miss K. A. Myers in that she rode carelessly.

The information reads as follows:

“I the above named informant allege that the above named Respondent committed a breach of Rule 638(1)(d) (in that) in the early part of the home straight Kelly Myers (Darci Coup) directed her mount outwards when insufficiently clear of Anna Karenina (Du Plessis), resulting in that horse being crowded onto Kinawin and having to be checked.”

Rules 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse: in a manner which the Judicial Committee considers to be:
(d) careless…”

Miss Myers had indicated on the information that this breach was admitted, and she confirmed this at the hearing. Miss Myers also agreed that she understood the charge and the Rule it was brought under.

Submissions for Decision:

Mr Neal gave evidence and had Stipendiary Steward Mr Zarb use video coverage to show that early in the run home Miss Myers was in close quarters and looking for racing room. When moving outwards to make her run she crowded “Anna Karenina” onto “Kina Win” with the result that “Anna Karenina” had to be checked.

In explanation Miss Myers said that at the time of this incident she had been trying to take a gap in front of her, but when this gap closed she moved outwards, but was unaware at that time that she was not clear of “Anna Karenina”.

Reasons for Decision:

As Miss Myers had admitted the breach it was found to be proved in accordance with Rule 915(1)(d).

Submissions for Penalty:

In relation to penalty Mr Neal advised that Miss Myers had once previously breached this Rule in the last 12 months, this being on 14 January 2012 at Marton when she received a three (3) day suspension. It was also established that Miss Myers is a very busy national rider and that her record is very good; that she had admitted the breach, and that the seriousness was in the low to medium range. Mr Neal made submissions that a starting point for a suspension (in the Penalty Guide) was 5 days and he would leave it to the Committee to determine the suspension period.

Miss Myers said that she had commitments for the next week and wanted any suspension to be delayed for a period of seven days as provided for by the Rules. Miss Myers had no other submissions to make.

We adjourned to consider the matter of penalty.

Reasons for Penalty:

In considering an appropriate penalty in this case we took into account that the Stipendiary Stewards considered Miss Myers’ riding record to be good, and that the breach was in the low to mid-range of seriousness. We also accept that Miss Myers is a national rider and take into account her admission of the breach.

Taking all the above matters into account we decided that Miss Myers should be given a two day reduction in the starting point of a five (5) days suspension.

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: 114012e99527fdcab8c0d1db6a9214b4


informantnumber: A1359


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/10/2012


hearing_title: Canterbury R 10 November 2012 - R 2


charge:

Alleged careless riding


facts:

Following the running of Race 2, the NZ Bloodstock Insurance Premier, an information was filed by Chief Stipendiary Steward Mr R. L. Neal alleging a breach of Rule 638(1)(d) by Licensed Jockey Miss K. A. Myers in that she rode carelessly.

The information reads as follows:

“I the above named informant allege that the above named Respondent committed a breach of Rule 638(1)(d) (in that) in the early part of the home straight Kelly Myers (Darci Coup) directed her mount outwards when insufficiently clear of Anna Karenina (Du Plessis), resulting in that horse being crowded onto Kinawin and having to be checked.”

Rules 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse: in a manner which the Judicial Committee considers to be:
(d) careless…”

Miss Myers had indicated on the information that this breach was admitted, and she confirmed this at the hearing. Miss Myers also agreed that she understood the charge and the Rule it was brought under.


appealdecision:


isappeal:


submissionsfordecision:

Mr Neal gave evidence and had Stipendiary Steward Mr Zarb use video coverage to show that early in the run home Miss Myers was in close quarters and looking for racing room. When moving outwards to make her run she crowded “Anna Karenina” onto “Kina Win” with the result that “Anna Karenina” had to be checked.

In explanation Miss Myers said that at the time of this incident she had been trying to take a gap in front of her, but when this gap closed she moved outwards, but was unaware at that time that she was not clear of “Anna Karenina”.


reasonsfordecision:

As Miss Myers had admitted the breach it was found to be proved in accordance with Rule 915(1)(d).


Decision:

The charge was found to be proved.


sumissionsforpenalty:

In relation to penalty Mr Neal advised that Miss Myers had once previously breached this Rule in the last 12 months, this being on 14 January 2012 at Marton when she received a three (3) day suspension. It was also established that Miss Myers is a very busy national rider and that her record is very good; that she had admitted the breach, and that the seriousness was in the low to medium range. Mr Neal made submissions that a starting point for a suspension (in the Penalty Guide) was 5 days and he would leave it to the Committee to determine the suspension period.

Miss Myers said that she had commitments for the next week and wanted any suspension to be delayed for a period of seven days as provided for by the Rules. Miss Myers had no other submissions to make.

We adjourned to consider the matter of penalty.


reasonsforpenalty:

In considering an appropriate penalty in this case we took into account that the Stipendiary Stewards considered Miss Myers’ riding record to be good, and that the breach was in the low to mid-range of seriousness. We also accept that Miss Myers is a national rider and take into account her admission of the breach.

Taking all the above matters into account we decided that Miss Myers should be given a two day reduction in the starting point of a five (5) days suspension.


penalty:

On resuming the hearing we advised the parties of our reasons (as set out above) and that Miss Myers’ Jockey’s Licence was suspended from after the completion of racing on 17 November 2012 until after the completion of racing on 22 November 2012. This is a three (3) day suspension – the days being Woodville-Pahiatua on 19 November 2012, Winton on 21 November 2012, and Matamata on 22 November 2012.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr R. L. Neal - Chief Stipendiary Steward


JockeysandTrainer: Miss K. A. Myers - Licensed Jockey


Otherperson: Mr M Zarb - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2ac302948e6e0fc185ff6be8930a43be


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7ecb76dc1ebd16212169075e0490e331


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/11/2012


meet_title: Canterbury Racing - 10 November 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: JPhelan


meet_pm1: KHales


meet_pm2: none


name: Canterbury Racing