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Canterbury R 2 May 2015 – R 9

ID: JCA12858

Applicant:
R L Neal, Co-Chief Stipendiary Steward

Respondent(s):
R M Hutchings, Licensed Apprentice Jockey (Class B)

Information Number:
A3237

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 2 May 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
PKnowles

Race Date:
2015/05/02

Race Number:
R9

Decision:

Mr Hutchings having admitted the breach, the charge was found proved. 

Penalty:

The Committee granted Mr Hutchings’ application for a deferment.

Mr Hutchings’ Apprentice Jockey’s licence was suspended for a period from after the conclusion of racing on Saturday, 9th May 2015, up to and including Wednesday, 20th May 2015 – 5 riding days. The meetings intended to be encompassed by the period of suspension are Waipa RC on 13th May, Otaki-Maori RC on 14th May, South Canterbury RC on 15th May, either Waikato RC or Rangitikei RC on 16th May and Whangarei RC on 20th May.

Facts:

Following the running of Race 9, Speight’s Mid Ale Great Easter Stakes (Listed), an information was filed by Co-Chief Stipendiary Steward, Mr R L Neal, against Licensed Apprentice Jockey (Class B), Mr R M Hutchings, alleging that Mr Hutchings, as the rider of THE DIAMOND ONE in the race, “permitted his mount to shift out passing the 400 metres causing KING MONTROSE (R Cuneen) to be badly buffeted and IRISH EXCUSE (K Williams) being checked”.

Mr Hutchings was present at the hearing of the information and he indicated that he admitted the breach. Mr Hutchings, an Apprentice Jockey, was asked by the Committee if he wished to be assisted by a senior jockey at the hearing but he said that he did not require to be so assisted.

Rule 638 provides as follows:

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

Mr Neal had Stipendiary Steward, Mr M R Davidson, show video replays of the incident with approximately 400 metres to run. He pointed out the runners concerned. He alleged that KING MONTROSE was improving to the outside of THE DIAMOND ONE. Mr Hutchings had been “riding his mount along” and it shifted out taking KING MONTROSE out onto IRISH EXCUSE, the rider of which had to take a hold.

Mr Neal said that the Stewards did acknowledge that Mr Hutchings had “pulled off”, having received a call, but it was too late when he did straighten his mount.

Mr Hutchings said that his instructions were to get to the outside in the home straight. He was clear of KING MONTROSE which was directly behind him rounding the turn, he said. Mr Cuneen was trying to “force a run” on his outside. Mr Hutchings demonstrated on the video replay that, at that stage, he was clear of Mr Cuneen. KING MONTROSE had then improved into a gap, Mr Hutchings said, at which point Mr Hutchings hit own horse with the whip. His mount had tended to lay out and he had heard a call, but very late. He straightened his mount immediately, he said.

Mr Hutchings said that, prior to viewing the video replay, he had been unaware of Mr Cuneen’s presence but had been aware of Miss Williams on his outside. As soon as he became aware of those runners to his outside, he had straightened his mount, he said. It took some time for him to pull her off the other runners because she had not been racing generously and had her head turned out, Mr Hutchings said. As a result, it had taken 2 or 3 strides longer than it should have.

Mr Neal said there were four runners all heading towards the outside rail prior to the incident. 

Submissions for Penalty:

Mr Neal said that Mr Hutchings’ record demonstrated that he had received 3 suspensions in the past 12 months, the most recent on 18 April 2015 at Auckland (4 days). Prior to that, he had received 4 days at Taranaki on 31 January 2014 and, prior to that again, had been suspended for 4 days at Auckland on 6 December 2014.

Mr Neal pointed out that the race was a Listed Race. The horses were getting tired towards the end of the race and, in particular, Mr Hutchings’ mount was coming to the end of its run and was “drifting around”. He had permitted his mount to shift out and, as a consequence, the horses on his outside had been “crowded up” and IRISH EXCUSE was checked.

Mr Neal submitted that, having regard to the number of rides, Mr Hutchings’ record was a reasonable one, if not a good one. He rides at all North Island meetings and at a number of South Island meetings, Mr Neal said. Stewards deemed this incident as slightly above mid-range, Mr Neal said.

Mr Neal referred to the Penalty Guide starting point of a 5 days’ suspension. He also made mention of Mr Hutchings’ early admission of the breach. He submitted that a suspension of not less than 5 days was an appropriate penalty.

Mr Hutchings told the Committee that he has a ride in Brisbane next Saturday and, on that basis, he sought a 7 days’ deferment of any suspension. 

Reasons for Penalty:

The Committee took, as a starting point for determining penalty, the 5 days’ suspension suggested by the Penalty Guide. An aggravating factor was the status of the race (a Listed Race) and the stake payable ($50,000). That factor warranted an uplift in the starting point of 1 day to 6 days.

Against that, Mr Hutchings was entitled to discount for his very frank admission of the breach, which we set at 1 day.

The Committee considered two other matters. Firstly, Mr Hutchings’ race riding record. Although this breach is the fourth in the past 12 months, the Committee is aware that he rides frequently. We regarded his record as being fair. Secondly, the Committee considered the seriousness of the breach as being in the mid-range. Mr Hutchings took steps to straighten his mount immediately he became aware of the tightening to his outside. The video showed that Mr Cuneen on KING MONTROSE had improved quickly into the gap between Mr Hutchings’ mount and IRISH EXCUSE. Those factors referred to are neutral in the Committee’s view – that is to say, they are neither aggravating nor mitigating factors. 

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: 61aae36d8a3b32295a3695b2e00282c1


informantnumber: A3237


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 02/05/2015


hearing_title: Canterbury R 2 May 2015 - R 9


charge:


facts:

Following the running of Race 9, Speight’s Mid Ale Great Easter Stakes (Listed), an information was filed by Co-Chief Stipendiary Steward, Mr R L Neal, against Licensed Apprentice Jockey (Class B), Mr R M Hutchings, alleging that Mr Hutchings, as the rider of THE DIAMOND ONE in the race, “permitted his mount to shift out passing the 400 metres causing KING MONTROSE (R Cuneen) to be badly buffeted and IRISH EXCUSE (K Williams) being checked”.

Mr Hutchings was present at the hearing of the information and he indicated that he admitted the breach. Mr Hutchings, an Apprentice Jockey, was asked by the Committee if he wished to be assisted by a senior jockey at the hearing but he said that he did not require to be so assisted.

Rule 638 provides as follows:

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

Mr Neal had Stipendiary Steward, Mr M R Davidson, show video replays of the incident with approximately 400 metres to run. He pointed out the runners concerned. He alleged that KING MONTROSE was improving to the outside of THE DIAMOND ONE. Mr Hutchings had been “riding his mount along” and it shifted out taking KING MONTROSE out onto IRISH EXCUSE, the rider of which had to take a hold.

Mr Neal said that the Stewards did acknowledge that Mr Hutchings had “pulled off”, having received a call, but it was too late when he did straighten his mount.

Mr Hutchings said that his instructions were to get to the outside in the home straight. He was clear of KING MONTROSE which was directly behind him rounding the turn, he said. Mr Cuneen was trying to “force a run” on his outside. Mr Hutchings demonstrated on the video replay that, at that stage, he was clear of Mr Cuneen. KING MONTROSE had then improved into a gap, Mr Hutchings said, at which point Mr Hutchings hit own horse with the whip. His mount had tended to lay out and he had heard a call, but very late. He straightened his mount immediately, he said.

Mr Hutchings said that, prior to viewing the video replay, he had been unaware of Mr Cuneen’s presence but had been aware of Miss Williams on his outside. As soon as he became aware of those runners to his outside, he had straightened his mount, he said. It took some time for him to pull her off the other runners because she had not been racing generously and had her head turned out, Mr Hutchings said. As a result, it had taken 2 or 3 strides longer than it should have.

Mr Neal said there were four runners all heading towards the outside rail prior to the incident. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Hutchings having admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr Neal said that Mr Hutchings’ record demonstrated that he had received 3 suspensions in the past 12 months, the most recent on 18 April 2015 at Auckland (4 days). Prior to that, he had received 4 days at Taranaki on 31 January 2014 and, prior to that again, had been suspended for 4 days at Auckland on 6 December 2014.

Mr Neal pointed out that the race was a Listed Race. The horses were getting tired towards the end of the race and, in particular, Mr Hutchings’ mount was coming to the end of its run and was “drifting around”. He had permitted his mount to shift out and, as a consequence, the horses on his outside had been “crowded up” and IRISH EXCUSE was checked.

Mr Neal submitted that, having regard to the number of rides, Mr Hutchings’ record was a reasonable one, if not a good one. He rides at all North Island meetings and at a number of South Island meetings, Mr Neal said. Stewards deemed this incident as slightly above mid-range, Mr Neal said.

Mr Neal referred to the Penalty Guide starting point of a 5 days’ suspension. He also made mention of Mr Hutchings’ early admission of the breach. He submitted that a suspension of not less than 5 days was an appropriate penalty.

Mr Hutchings told the Committee that he has a ride in Brisbane next Saturday and, on that basis, he sought a 7 days’ deferment of any suspension. 


reasonsforpenalty:

The Committee took, as a starting point for determining penalty, the 5 days’ suspension suggested by the Penalty Guide. An aggravating factor was the status of the race (a Listed Race) and the stake payable ($50,000). That factor warranted an uplift in the starting point of 1 day to 6 days.

Against that, Mr Hutchings was entitled to discount for his very frank admission of the breach, which we set at 1 day.

The Committee considered two other matters. Firstly, Mr Hutchings’ race riding record. Although this breach is the fourth in the past 12 months, the Committee is aware that he rides frequently. We regarded his record as being fair. Secondly, the Committee considered the seriousness of the breach as being in the mid-range. Mr Hutchings took steps to straighten his mount immediately he became aware of the tightening to his outside. The video showed that Mr Cuneen on KING MONTROSE had improved quickly into the gap between Mr Hutchings’ mount and IRISH EXCUSE. Those factors referred to are neutral in the Committee’s view – that is to say, they are neither aggravating nor mitigating factors. 


penalty:

The Committee granted Mr Hutchings’ application for a deferment.

Mr Hutchings’ Apprentice Jockey’s licence was suspended for a period from after the conclusion of racing on Saturday, 9th May 2015, up to and including Wednesday, 20th May 2015 – 5 riding days. The meetings intended to be encompassed by the period of suspension are Waipa RC on 13th May, Otaki-Maori RC on 14th May, South Canterbury RC on 15th May, either Waikato RC or Rangitikei RC on 16th May and Whangarei RC on 20th May.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: R L Neal, Co-Chief Stipendiary Steward


JockeysandTrainer: R M Hutchings, Licensed Apprentice Jockey (Class B)


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6cac9c4da09796216951e6ff797b7496


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


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meetid: 6ca669ea9a14bd632938916edbaf2c32


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/05/2015


meet_title: Canterbury Racing - 2 May 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: PKnowles


meet_pm2: none


name: Canterbury Racing