Archive Decision

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Canterbury R 17 December 2010 – R 9

ID: JCA18066

Applicant:
R Neal, Stipendiary Steward

Other Person:
Mr N Ridley, Licensed Trainer, Mr J McLaughlin, Stipendiary Steward

Information Number:
6978

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 9

Decision:

As Mr Walters has admitted the charge, it is therefore deemed to be proved.

Penalty:

Taking into account the mitigating factors and the aggravating factor, we allow a discount of two days on the starting point, which therefore means that Mr Walters will be suspended from race riding for a period of three South Island days, commencing at the conclusion of racing on Sunday 19 December 2010 until the conclusion of racing on Thursday 30 December 2010.

This means that Mr Walters will be unable to ride at Wingatui, Timaru and Kurow.

Charge:

Passing the 500 metre mark, KC Walters has permitted his mount “Likeapins” to shift in when not clear, causing a check to “Windarra” (J Bullard).

As a consequence, Mr Walters 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 was demonstrated using video coverage by Mr J McLaughlin, Stipendiary Steward. He pointed out to the hearing how “Windarra” received a significant check when on the inside of KC Walters mount, “Likeapins”. He pointed out how Mr Walters shifted inwards to obtain clear racing room.

By way of explanation, Mr Walters stated that his horse was over racing and that he wanted to avoid the heels of the horse in front of him. He saw, as he described it, “a bit of sunshine”, and pulled his left rein quite firmly and caused the crowding as was alleged.

Submissions for Penalty:

Mr Neal advised the hearing that Mr Walters had been suspended twice of recent times, on 28 July 2010 at Oamaru and on 24 September 2010 at Banks Peninsula.

He said that the inward movement was quite abrupt, and that Mr Bullard’s mount received a significant check. He acknowledged that Mr Walters’ mount was racing keenly.

Mr Neal also observed that Mr Walters is an honest and forthright young rider, who is showing good promise. He is a South Island rider only.

Mr Neal considered that Mr Walters’ degree of carelessness was in the mid range, and that he took the line of J Bullard.

Mr Walters and Mr Ridley did not have any submissions to make on penalty.

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. Mr Walters’ early admission of the charge.
b. He is a promising young rider, and well thought of.
c. Mr Walters is a South Island rider only.
d. His honest dealings with the Stipendiary Stewards.
e. His frank admissions in the hearing.
f. Mr Walters’ horse was racing keenly, and he made an error of judgement when he saw “a bit of sunshine”.

The aggravating feature is the fact that Mr Walters has incurred two suspensions in the last twelve months, and in terms of his carelessness, he deprived Mr Bullard of the ownership of his racing line.

The combined effect of the aggravating and mitigating factors enables us to discount 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: e9468da3d4f03b55d93fcc4efecd17f4


informantnumber: 6978


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/12/2010


hearing_title: Canterbury R 17 December 2010 - R 9


charge:

Passing the 500 metre mark, KC Walters has permitted his mount “Likeapins” to shift in when not clear, causing a check to “Windarra” (J Bullard).

As a consequence, Mr Walters 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 was demonstrated using video coverage by Mr J McLaughlin, Stipendiary Steward. He pointed out to the hearing how “Windarra” received a significant check when on the inside of KC Walters mount, “Likeapins”. He pointed out how Mr Walters shifted inwards to obtain clear racing room.

By way of explanation, Mr Walters stated that his horse was over racing and that he wanted to avoid the heels of the horse in front of him. He saw, as he described it, “a bit of sunshine”, and pulled his left rein quite firmly and caused the crowding as was alleged.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Walters has admitted the charge, it is therefore deemed to be proved.


sumissionsforpenalty:

Mr Neal advised the hearing that Mr Walters had been suspended twice of recent times, on 28 July 2010 at Oamaru and on 24 September 2010 at Banks Peninsula.

He said that the inward movement was quite abrupt, and that Mr Bullard’s mount received a significant check. He acknowledged that Mr Walters’ mount was racing keenly.

Mr Neal also observed that Mr Walters is an honest and forthright young rider, who is showing good promise. He is a South Island rider only.

Mr Neal considered that Mr Walters’ degree of carelessness was in the mid range, and that he took the line of J Bullard.

Mr Walters and Mr Ridley did not have any submissions to make on penalty.


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. Mr Walters’ early admission of the charge.
b. He is a promising young rider, and well thought of.
c. Mr Walters is a South Island rider only.
d. His honest dealings with the Stipendiary Stewards.
e. His frank admissions in the hearing.
f. Mr Walters’ horse was racing keenly, and he made an error of judgement when he saw “a bit of sunshine”.

The aggravating feature is the fact that Mr Walters has incurred two suspensions in the last twelve months, and in terms of his carelessness, he deprived Mr Bullard of the ownership of his racing line.

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


penalty:

Taking into account the mitigating factors and the aggravating factor, we allow a discount of two days on the starting point, which therefore means that Mr Walters will be suspended from race riding for a period of three South Island days, commencing at the conclusion of racing on Sunday 19 December 2010 until the conclusion of racing on Thursday 30 December 2010.

This means that Mr Walters will be unable to ride at Wingatui, Timaru and Kurow.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: R Neal, Stipendiary Steward


JockeysandTrainer:


Otherperson: Mr N Ridley, Licensed Trainer, Mr J McLaughlin, Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 929b1d276671e304e3baf1b0f4390dc1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


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