Archive Decision

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Canterbury R 17 December 2010 – R 7

ID: JCA10871

Applicant:
R Neal, Stipendiary Steward

Respondent(s):
K Williams, Licensed Jockey

Other Person:
Mr J McLaughlin, Stipendiary Steward

Information Number:
6967

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 17 December 2010

Meet Chair:
KHales

Meet Committee Member 1:
JPhelan

Race Date:
2010/12/17

Race Number:
R 7

Decision:

As Ms Williams has admitted the charge, it is therefore deemed to be proved.

Penalty:

Therefore, Ms Williams is therefore suspended from race riding for three South Island days, commencing at the conclusion of racing on Sunday 19 December 2010 until the conclusion of racing on Sunday 30 December 2010.

This means that Ms Williams will be unable to ride at Wingatui, Timaru and Kurow.

Charge:

It was alleged that K Williams, rider of “Divine Right” permitted her mount to shift inwards at the 400 metre mark when not clear, dictating ‘Grey’s Lastone” (J Morris) on to “Drom” (R Hannan) with both horses becoming unbalanced, and “Drom” being checked.

As a consequence, Ms Williams was charged with a breach of Rule 638(1)(d).
638(1)(d) reads as follows:

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

Facts:

The incident which gave rise to the charge was demonstrated to the hearing by Mr J McLaughlin using the video coverage. He pointed out how Ms Williams moved inwards to obtain racing room, and in the process, moved across the line of ‘Grey’s Lastone” when not sufficiently clear. The impact of this was that Ms Morris was then moved on to the line of “Drom” which was checked.

By way of comment, Ms Williams said that her horse was “full of racing” and that she was looking for clear room. She acknowledged that she stepped in too far, but did say by way of mitigation that she wanted to keep off the heels of “Splash” ridden by J Misbah.

Submissions for Penalty:

Mr Neal advised the hearing that Ms Williams had been suspended twice in the last twelve months, in October and in May. He said that she rides at nearly every South Island meeting and is a busy rider. Mr Neal acknowledged that it was important for Ms Williams to keep off the heels of “Splash” and conceded that Ms Williams may not have been aware of Ms Morris’s presence immediately, on her inside, behind her.

Mr Neal submitted that the degree of carelessness was mid-range, and that a suspension of three South Island days might be appropriate.

Ms Williams had no submissions to make in reply.

Reasons for Penalty:

In this case a suspension is the most appropriate penalty.

We adopt a five day suspension as a starting point as being appropriate in terms of considering the term of suspension for this careless riding charge. However, that is a starting point, and we are able to take into account a number of mitigating factors which are:

a. Ms Williams’ early admission of the charge.
b. Ms Williams’ record which, even though she has had two suspensions in the last twelve months, is, having regard to the fact that she is a busy South Island rider, a comparatively good record.
c. Ms Williams made an error of judgement when endeavouring to keep off the heels of “Splash” racing directly in front of her.
d. Mr Neal’s concession that she was not aware of the presence of Ms Morris on her inside.
e. Ms Williams is a South Island rider only.

The aggravating factor is the significant interference caused to ‘Grey’s Lastone”, and “Drom”.

The combined effect of the aggravating and mitigating factors enables us to discounter the starting point for penalty by two days.

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: 0cd27210677bb37c81cc68e34cd66712


informantnumber: 6967


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/12/2010


hearing_title: Canterbury R 17 December 2010 - R 7


charge:

It was alleged that K Williams, rider of “Divine Right” permitted her mount to shift inwards at the 400 metre mark when not clear, dictating ‘Grey’s Lastone” (J Morris) on to “Drom” (R Hannan) with both horses becoming unbalanced, and “Drom” being checked.

As a consequence, Ms Williams was charged with a breach of Rule 638(1)(d).
638(1)(d) reads as follows:

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


facts:

The incident which gave rise to the charge was demonstrated to the hearing by Mr J McLaughlin using the video coverage. He pointed out how Ms Williams moved inwards to obtain racing room, and in the process, moved across the line of ‘Grey’s Lastone” when not sufficiently clear. The impact of this was that Ms Morris was then moved on to the line of “Drom” which was checked.

By way of comment, Ms Williams said that her horse was “full of racing” and that she was looking for clear room. She acknowledged that she stepped in too far, but did say by way of mitigation that she wanted to keep off the heels of “Splash” ridden by J Misbah.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Williams has admitted the charge, it is therefore deemed to be proved.


sumissionsforpenalty:

Mr Neal advised the hearing that Ms Williams had been suspended twice in the last twelve months, in October and in May. He said that she rides at nearly every South Island meeting and is a busy rider. Mr Neal acknowledged that it was important for Ms Williams to keep off the heels of “Splash” and conceded that Ms Williams may not have been aware of Ms Morris’s presence immediately, on her inside, behind her.

Mr Neal submitted that the degree of carelessness was mid-range, and that a suspension of three South Island days might be appropriate.

Ms Williams had no submissions to make in reply.


reasonsforpenalty:

In this case a suspension is the most appropriate penalty.

We adopt a five day suspension as a starting point as being appropriate in terms of considering the term of suspension for this careless riding charge. However, that is a starting point, and we are able to take into account a number of mitigating factors which are:

a. Ms Williams’ early admission of the charge.
b. Ms Williams’ record which, even though she has had two suspensions in the last twelve months, is, having regard to the fact that she is a busy South Island rider, a comparatively good record.
c. Ms Williams made an error of judgement when endeavouring to keep off the heels of “Splash” racing directly in front of her.
d. Mr Neal’s concession that she was not aware of the presence of Ms Morris on her inside.
e. Ms Williams is a South Island rider only.

The aggravating factor is the significant interference caused to ‘Grey’s Lastone”, and “Drom”.

The combined effect of the aggravating and mitigating factors enables us to discounter the starting point for penalty by two days.


penalty:

Therefore, Ms Williams is therefore suspended from race riding for three South Island days, commencing at the conclusion of racing on Sunday 19 December 2010 until the conclusion of racing on Sunday 30 December 2010.

This means that Ms Williams will be unable to ride at Wingatui, Timaru and Kurow.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: R Neal, Stipendiary Steward


JockeysandTrainer: K Williams, Licensed Jockey


Otherperson: Mr J McLaughlin, Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: ccb046f463064c0a226bba4d092c060e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 24108e0b939e1de753d02b7f2009ad08


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/12/2010


meet_title: Canterbury Racing - 17 December 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: JPhelan


meet_pm2: none


name: Canterbury Racing