Archive Decision

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Canterbury R 13 November 2019 – R 6 – Chair, Mr S Ching

ID: JCA13098

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr C Campbell - Licensed Class B Apprentice Rider

Other Person:
Mr A Coles - Stipendiary Steward, Mr D Walsh - NZTR Apprentice Jockey Mentor

Information Number:
A11545

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 13 November 2019

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/11/13

Race Number:
R 6

Decision:

As Mr Campbell had admitted this breach of the Rules it was found to be proved.

Penalty:

Mr Campbell’s Class B Jockeys licence is suspended from the conclusion of racing Saturday 16 November up to and including 27 November 2019. Of note the meeting at Waverley on 17 November is not included in penalty as riders had already been declared.

Facts:

Chief Stipendiary Steward, Mr J Oatham, filed an information against Class B Rider, Mr C Campbell, in that he directed his mount, ZABAY, outwards near the 300m when not sufficiently clear of FEELIN THE LOVE (A Comignaghi) and LAKE CHALICE (M Cameron) who were both hampered.

Rule 638(1)(d) provides as follows:

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

(d) careless”

Mr Campbell had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Campbell also agreed that he understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Campbell at the hearing.

Mr Oatham, with the assistance of Stipendiary Steward, Mr A Coles, gave evidence and used video coverage to show that approaching the 300m, ZABAY ridden by Mr Campbell, was racing wide on the track, in the trail and looking to improve his position, with FEELIN THE LOVE, ridden by Miss Comignaghi and LAKE CHALICE, ridden by Mr Cameron, to the immediate outside of Mr Campbell. Mr Coles showed Mr Campbell shift out from the trailing position, when only ½ to ¾ of a length clear, and make contact with FEELIN THE LOVE who was forced out onto LAKE CHALICE. Mr Coles stated that Mr Campbell had got impatient and had he waited a few more strides, he would have received a clear run.

Mr Campbell said he concurred that he has forced a run when there wasn’t one available but stated that he did not think he put Miss Comingnaghi in any danger of clipping a heel. Mr Walsh added that Mr Campbell just got impatient and should have waited a little longer. He added that it was just an error of judgement on Mr Campbell's part.

Submissions for Penalty:

Mr Oatham stated that Mr Campbell’s record showed on 3 April 2019 at Timaru he received a 5-day suspension for low range breach of this rule and 4 May 2019 at Riccarton, a 7-day suspension for a mid-range breach. Mr Oatham stated that Mr Campbell was a busy South Island rider and submitted that his record be considered as a neutral factor. Mr Oatham stated that the breach was a touch above low range and that consideration be given to Mr Campbell’s frank admission of the breach. Mr Oatham submitted that a suspension in line with the submissions presented be considered as penalty in this case.

Mr Campbell elected to make no submission on penalty apart from confirming his ability to ride on Saturday at Riccarton 16 November. Mr Walsh submitted that Mr Campbell’s number of rides and his record be taken into consideration when assessing penalty.

Reasons for Penalty:

The JCA starting point for a low-level breach is a 6 National day suspension. We assessed the breach as above low-range and accordingly adopted a 7-day starting point. Mr Campbell's record showed 2 breaches of this rule in the previous 12 months and after consideration, we were prepared to consider his record in totality, as neutral. We determined there were no aggravating factors to warrant an uplift in penalty. We also took into consideration Mr Campbell’s frank admission of the breach, to which we afforded him a discount. This discount we set at 1 day. We therefore determined that a 6-National day suspension was an appropriate penalty in this case.

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: 4196e8456075d01a642148219bd2b0da


informantnumber: A11545


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 14/11/2019


hearing_title: Canterbury R 13 November 2019 - R 6 - Chair, Mr S Ching


charge:


facts:

Chief Stipendiary Steward, Mr J Oatham, filed an information against Class B Rider, Mr C Campbell, in that he directed his mount, ZABAY, outwards near the 300m when not sufficiently clear of FEELIN THE LOVE (A Comignaghi) and LAKE CHALICE (M Cameron) who were both hampered.

Rule 638(1)(d) provides as follows:

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

(d) careless”

Mr Campbell had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Campbell also agreed that he understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Campbell at the hearing.

Mr Oatham, with the assistance of Stipendiary Steward, Mr A Coles, gave evidence and used video coverage to show that approaching the 300m, ZABAY ridden by Mr Campbell, was racing wide on the track, in the trail and looking to improve his position, with FEELIN THE LOVE, ridden by Miss Comignaghi and LAKE CHALICE, ridden by Mr Cameron, to the immediate outside of Mr Campbell. Mr Coles showed Mr Campbell shift out from the trailing position, when only ½ to ¾ of a length clear, and make contact with FEELIN THE LOVE who was forced out onto LAKE CHALICE. Mr Coles stated that Mr Campbell had got impatient and had he waited a few more strides, he would have received a clear run.

Mr Campbell said he concurred that he has forced a run when there wasn’t one available but stated that he did not think he put Miss Comingnaghi in any danger of clipping a heel. Mr Walsh added that Mr Campbell just got impatient and should have waited a little longer. He added that it was just an error of judgement on Mr Campbell's part.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Campbell had admitted this breach of the Rules it was found to be proved.


sumissionsforpenalty:

Mr Oatham stated that Mr Campbell’s record showed on 3 April 2019 at Timaru he received a 5-day suspension for low range breach of this rule and 4 May 2019 at Riccarton, a 7-day suspension for a mid-range breach. Mr Oatham stated that Mr Campbell was a busy South Island rider and submitted that his record be considered as a neutral factor. Mr Oatham stated that the breach was a touch above low range and that consideration be given to Mr Campbell’s frank admission of the breach. Mr Oatham submitted that a suspension in line with the submissions presented be considered as penalty in this case.

Mr Campbell elected to make no submission on penalty apart from confirming his ability to ride on Saturday at Riccarton 16 November. Mr Walsh submitted that Mr Campbell’s number of rides and his record be taken into consideration when assessing penalty.


reasonsforpenalty:

The JCA starting point for a low-level breach is a 6 National day suspension. We assessed the breach as above low-range and accordingly adopted a 7-day starting point. Mr Campbell's record showed 2 breaches of this rule in the previous 12 months and after consideration, we were prepared to consider his record in totality, as neutral. We determined there were no aggravating factors to warrant an uplift in penalty. We also took into consideration Mr Campbell’s frank admission of the breach, to which we afforded him a discount. This discount we set at 1 day. We therefore determined that a 6-National day suspension was an appropriate penalty in this case.


penalty:

Mr Campbell’s Class B Jockeys licence is suspended from the conclusion of racing Saturday 16 November up to and including 27 November 2019. Of note the meeting at Waverley on 17 November is not included in penalty as riders had already been declared.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr C Campbell - Licensed Class B Apprentice Rider


Otherperson: Mr A Coles - Stipendiary Steward, Mr D Walsh - NZTR Apprentice Jockey Mentor


PersonPresent:


Respondent:


StipendSteward:


raceid: 76d28b66e6b2bd875fa418ff3daa5668


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6f0a6bb55186bbbccf93afc5737feca8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/11/2019


meet_title: Canterbury Racing - 13 November 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing