Archive Decision

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Canterbury R 17 November 2018 – R 7 – Chair, Mr S Ching

ID: JCA17059

Applicant:
J Oatham- Chief Stipendiary Steward

Respondent(s):
M Coleman-Class A Rider

Other Person:
Mr J McLaughlin - Stipendiary Steward

Information Number:
A10100

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 17 November 2018

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/11/17

Race Number:
R7

Decision:

As Mr Coleman had admitted the breach, the charge was found proved.

Penalty:

Mr Coleman’s Class A Jockeys licence is suspended from the conclusion of racing 24 October up to and including 7 December 2018.

Facts:

Following the running of Race 7, the Gavelhouse.com 47th New Zealand 1000 Guineas Group1, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr M Coleman, alleging careless riding, in that when riding MEDIA SENSATION, he forced MELT, ridden by Ms S Spratt inwards passing the 1000m causing MELT to be checked off the heels of WEKAFORCE, ridden by Mr J Lowry, at the 900m coming back into the running of MOHAKA, ridden by Mr J Bayliss, which was steadied and checked.

Rule 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”

Mr Coleman had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Coleman also agreed that he understood the charge and the Rule it was brought under.

Mr Oatham, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that nearing the 1000m MEDIA SENSATION, ridden by Mr Coleman, was racing 3 off the rail and 1 back, with MELT, ridden by Miss Spratt, racing on the inside of Mr Coleman and in a loose, 1 off position. WEKAFORCE, ridden by Mr Lowry, had assumed the lead and was positioned on the rail and in front of Ms Spratt with MOHAKA, ridden by Mr Bayliss, on the rail and behind Ms Spratt. Mr McLaughlin pointed out Mr Coleman shifting in and making contact, forcing Ms Spratt inwards into a position on the rail. He said that Ms Spratt had to check off the heels of Mr Lowry with Mr Bayliss having to check off her heels as well in this incident. Mr Oatham added that this incident started with the initial contact being Ms Spratt shifting out to meet Mr Coleman on two occasions and making contact. He said the charge really relates to Mr Coleman forcing Ms Spratt inwards into restricted room and causing her to check off the heels of Mr Lowry and secondary, Mr Bayliss having to check off Ms Spratt’s heels.

Mr Coleman stated that the incident had been summed up quite well by the Stewards. He said the first point of contact was Ms Spratt shifting out and making contact with him. Mr Coleman said he was a little bit too competitive by trying to keep her in her spot because she looked like she wanted to go the rail earlier on and then changed her mind. Mr Coleman stated that one thing that did not help his situation was that the pace came out of the race quite quickly and then Ms Spratt’s horse was over racing. Mr Coleman said that due to the pace easing up front and Ms Spratt’s mount tending to over race, these factors contributed to the incident.

Mr Oatham concurred with Mr Coleman and said that the pace of the race was not strong and resulted in a lot of the field tending to over race over the early to middle stages. This, he said, combined with Ms Spratt’s horse over racing contributed. However, he said, it did not relieve Mr Coleman of his obligations but did go some way in mitigation.

Submissions for Penalty:

Mr Oatham stated that Mr Coleman’s record showed 3 suspensions over the previous 12 months being on 13 December 2017 at Auckland where he received 5 National days, 11 days and $500 fine at Auckland on 3 March 2018 in a Group 3 (placed second), and Te Rapa on 18 August where a 9-day suspension was imposed in a Group 2 race. Mr Oatham stated that Mr Coleman was a busy rider and overall submitted his record could be regarded as neutral. He stated that the breach was mid to low level due to the mitigating factors involved, with the aggravating factor being the status of the race being Group 1 and a stake of $300,000. He submitted that a penalty commensurate with all factors in mind, be considered as penalty.

Mr Coleman concurred with the Stewards that the breach was mid to low level.

Deferment was discussed with Mr Coleman, who requested a deferment until after Counties on 24 November, where he had commitments.

Reasons for Penalty:

The JCA Penalty Guide starting point for a low-range breach of this rule is a 6 National day suspension with an 8-day starting point for a mid-range breach. The Committee agreed with the Stewards and assessed this breach as mid to low level and accordingly adopt a 7-day starting point. Mr Coleman’s record shows 3 breaches of this rule within the previous 12 months, with 2 breaches being nearly 12 months and 8 months prior, respectively. The other breach was in August this year, 3 months prior to today, and we are prepared to treat Mr Coleman's record as neutral in this case. The aggravating factor is the status of the race being Group 1 which warrants an uplift. This uplift we set at 3 days. We were, however, able to afford Mr Coleman a discount for his frank admission of the breach. This we set at 1 day. We therefore determined that a 9 National day suspension was an appropriate penalty.

Mr Coleman’s request for a deferment until after racing at Counties on 24 November was granted.

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: c7d539bd0d3acc054628450620c91639


informantnumber: A10100


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 20/11/2018


hearing_title: Canterbury R 17 November 2018 - R 7 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 7, the Gavelhouse.com 47th New Zealand 1000 Guineas Group1, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr M Coleman, alleging careless riding, in that when riding MEDIA SENSATION, he forced MELT, ridden by Ms S Spratt inwards passing the 1000m causing MELT to be checked off the heels of WEKAFORCE, ridden by Mr J Lowry, at the 900m coming back into the running of MOHAKA, ridden by Mr J Bayliss, which was steadied and checked.

Rule 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”

Mr Coleman had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Coleman also agreed that he understood the charge and the Rule it was brought under.

Mr Oatham, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that nearing the 1000m MEDIA SENSATION, ridden by Mr Coleman, was racing 3 off the rail and 1 back, with MELT, ridden by Miss Spratt, racing on the inside of Mr Coleman and in a loose, 1 off position. WEKAFORCE, ridden by Mr Lowry, had assumed the lead and was positioned on the rail and in front of Ms Spratt with MOHAKA, ridden by Mr Bayliss, on the rail and behind Ms Spratt. Mr McLaughlin pointed out Mr Coleman shifting in and making contact, forcing Ms Spratt inwards into a position on the rail. He said that Ms Spratt had to check off the heels of Mr Lowry with Mr Bayliss having to check off her heels as well in this incident. Mr Oatham added that this incident started with the initial contact being Ms Spratt shifting out to meet Mr Coleman on two occasions and making contact. He said the charge really relates to Mr Coleman forcing Ms Spratt inwards into restricted room and causing her to check off the heels of Mr Lowry and secondary, Mr Bayliss having to check off Ms Spratt’s heels.

Mr Coleman stated that the incident had been summed up quite well by the Stewards. He said the first point of contact was Ms Spratt shifting out and making contact with him. Mr Coleman said he was a little bit too competitive by trying to keep her in her spot because she looked like she wanted to go the rail earlier on and then changed her mind. Mr Coleman stated that one thing that did not help his situation was that the pace came out of the race quite quickly and then Ms Spratt’s horse was over racing. Mr Coleman said that due to the pace easing up front and Ms Spratt’s mount tending to over race, these factors contributed to the incident.

Mr Oatham concurred with Mr Coleman and said that the pace of the race was not strong and resulted in a lot of the field tending to over race over the early to middle stages. This, he said, combined with Ms Spratt’s horse over racing contributed. However, he said, it did not relieve Mr Coleman of his obligations but did go some way in mitigation.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Coleman had admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Oatham stated that Mr Coleman’s record showed 3 suspensions over the previous 12 months being on 13 December 2017 at Auckland where he received 5 National days, 11 days and $500 fine at Auckland on 3 March 2018 in a Group 3 (placed second), and Te Rapa on 18 August where a 9-day suspension was imposed in a Group 2 race. Mr Oatham stated that Mr Coleman was a busy rider and overall submitted his record could be regarded as neutral. He stated that the breach was mid to low level due to the mitigating factors involved, with the aggravating factor being the status of the race being Group 1 and a stake of $300,000. He submitted that a penalty commensurate with all factors in mind, be considered as penalty.

Mr Coleman concurred with the Stewards that the breach was mid to low level.

Deferment was discussed with Mr Coleman, who requested a deferment until after Counties on 24 November, where he had commitments.


reasonsforpenalty:

The JCA Penalty Guide starting point for a low-range breach of this rule is a 6 National day suspension with an 8-day starting point for a mid-range breach. The Committee agreed with the Stewards and assessed this breach as mid to low level and accordingly adopt a 7-day starting point. Mr Coleman’s record shows 3 breaches of this rule within the previous 12 months, with 2 breaches being nearly 12 months and 8 months prior, respectively. The other breach was in August this year, 3 months prior to today, and we are prepared to treat Mr Coleman's record as neutral in this case. The aggravating factor is the status of the race being Group 1 which warrants an uplift. This uplift we set at 3 days. We were, however, able to afford Mr Coleman a discount for his frank admission of the breach. This we set at 1 day. We therefore determined that a 9 National day suspension was an appropriate penalty.

Mr Coleman’s request for a deferment until after racing at Counties on 24 November was granted.


penalty:

Mr Coleman’s Class A Jockeys licence is suspended from the conclusion of racing 24 October up to and including 7 December 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J Oatham- Chief Stipendiary Steward


JockeysandTrainer: M Coleman-Class A Rider


Otherperson: Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: ec9fec0f06cc7d0a0ad5ca45d99c7790


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


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meetid: 6839106a7e1cc557d6ec62a358e03591


meet_expapproval:


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meet_emailed1: 0


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meetdate: 17/11/2018


meet_title: Canterbury Racing - 17 November 2018


meet_expappcomment:


meet_km:


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tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


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name: Canterbury Racing