Canterbury R 30 January 2016 – R 8 – Chair, Mr R McKenzie
ID: JCA14864
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 30 January 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2016/01/30
Race Number:
R8
Decision:
The charge was found proved.
Penalty:
The Committee granted Mr Cuneen’s application for a deferment.
Mr Cuneen’s Apprentice Jockey’s licence was suspended for a period from after the conclusion of racing on Saturday, 6th February 2016, up to and including Friday, 19th February 2016 – 5 riding days. The meetings intended to be encompassed by the period of suspension are Wairarapa RC on 8th February, Southland Racing Club on 11th February, Canterbury JC on 13th February, Wanganui JC on 18th February and Canterbury JC on 19th February.
Facts:
Following the running of Race 8, Speight’s Timaru Stakes (Listed), an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr R Cuneen, alleging that Mr Cuneen, as the rider of MADAM VICTORIA in the race, “allowed his mount MADAM VICTORIA to shift inwards crowding and checking MISS ALICE (R C Black) passing the 1200 metres.
Mr Cuneen was present at the hearing of the information and he indicated that he denied the breach. Mr Cuneen was assisted at the hearing by his employer, Licensed Trainer (Class A), Mr N F Ridley.
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.
Submissions for Decision:
Mr Oatham referred to the details of the charge as set out in the information and said that, when MISS ALICE was checked and forced inwards, there was also some interference occurring to MEURSAULT (D M Walsh) and TOMA VALEA (B M Murray).
He had Stipendiary Steward, Mr M R Davidson, show video replays of the incident approximately 200 metres after the start of the 1400 metres event. Mr Davidson pointed out MADAM VICTORIA, ridden by Mr Cuneen, drawn barrier position 11 in the 13-horse field. He also pointed out MISS ALICE, which had drawn 10, ridden by R C Black, on Mr Cuneen’s inner, and the other two runners affected.
He alleged that, shortly after the start, Miss Black had become established to Mr Cuneen’s inner. Mr Cuneen’s mount then changed ground inwards, at least two horse-widths, causing crowding to Miss Black’s mount causing it to over race and forcing it inwards, crowding MEURSAULT and TOMA VALEA.
Referring to the side-on video replay, Mr Davidson showed Miss Black being forced to restrain her mount with “slight crowding” to the other two runners to her inside. He estimated that Mr Cuneen was just a length ahead of Miss Black’s mount when he shifted in.
Miss Black said that, passing the 1220 metres, she suffered “extreme pressure” from her outside when Mr Cuneen’s horse came across and took her line. He pushed her across onto MEURSAULT. Mr Cuneen was ¾ length “at the most” clear at the time. This forced her mount to thereafter race on the worst part of the track and her mount did not handle the ground down there. Prior to that she had been out in the better going wider out, Miss Black said.
Mr Cuneen asked Miss Black if her mount had been inclined to over race after leaving the barrier. She replied that it only did so after she had called out to Mr Cuneen to alert him that she was there. Her mount had not been causing her any difficulty prior to that point. In response to a question from Mr Ridley, Miss Black said that she was always on the inside of MADAM VICTORIA.
Mr Cuneen said that, as he was shifting in, he looked across and thought he was clear. As he shifted across, Miss Black’s horse had been “travelling” and over racing and the pace eased. Miss Black’s horse was known for being difficult, he submitted. He attempted to point out on the video replay that it had its head up on a couple of occasions before he shifted in. In reply to a question from the Committee, Mr Cuneen said that he estimated that he was “marginally just under 2 lengths” clear although it did not appear that much on the video. As he came in, he said, the pace eased and he had to take a hold of his mount and it had gone back onto Miss Black’s mount which was over racing, he said. It could be seen on the video that he had looked across to see if it was clear to shift inwards, he said. Miss Black had called out to him.
Mr Ridley referred to the head-on video replay and submitted that Miss Black was trailing MADAM VICTORIA initially and was having trouble holding her mount. He conceded, however, that her mount was to the inside of MADAM VICTORIA prior to Mr Cuneen shifting in.
Summing up, Mr Oatham submitted that the video evidence was very clear and it was supported by the evidence of Mr Davidson and Miss Black. Mr Cuneen had stated that he thought he was clear but it was very obvious that, when he did actually shift in, he was not clear. The distance was estimated at 1 length by Mr Davidson and ¾ length by Miss Black. It was no more than 1 length, Mr Oatham submitted, when Mr Cuneen took Miss Black’s line. Mr Cuneen had put himself into that position by easing himself. Miss Black was perfectly entitled to the line of running she was on and Mr Cuneen could not shift into her line unless he was his own length and another length clear. Miss Black was clearly inside Mr Cuneen’s mount and her own mount was racing “tractably enough”. Her mount only started to over race after she had received the interference and had to check, Mr Oatham submitted.
Reasons for Decision:
The Committee found that, shortly after the start, MISS ALICE, ridden by Miss Black was racing behind and to the inside of MADAM VICTORIA, ridden by Mr Cuneen. Mr Cuneen alleged that Miss Black’s mount was racing keenly and had its head up, and this was a key factor in his defence to the charge. However, this was not supported by the video evidence and Miss Black’s evidence, when that was put to her by Mr Cuneen, was to the effect that her mount had not been causing her any difficulty prior to her having to call to Mr Cuneen as he shifted his own mount inwards. Neither could the Committee see any significant easing of the pace as claimed by Mr Cuneen.
Mr Davidson, in his evidence, stated that it was his opinion that Mr Cuneen was a bare length clear when Mr Cuneen shifted inwards, while Miss Black estimated the distance at ¾ length. The Committee did not accept Mr Cuneen’s evidence that the distance was just under 2 lengths. From its own observation, the Committee estimated the distance to be no more than 1 length and, clearly, less than the required 2 lengths.
The Committee was satisfied that, in shifting his mount inwards into the rightful line of running of Miss Black’s mount when insufficiently clear, Mr Cuneen had ridden carelessly.
Submissions for Penalty:
Mr Oatham said that Mr Cuneen’s record in the past 12 months under the careless riding Rule is clear. It was a good record and this is to his credit.
Mr Oatham submitted that the Committee should take into account the status of the race as a Listed race and the stake payable ($50,000). This was an aggravating factor. The interference caused to MISS ALICE and, to a lesser extent to MEURSAULT and TOMA VALEA, should also be taken into account. The carelessness was in the mid-range, Mr Oatham submitted. The Penalty Guide starting point for a South Island rider is a 3 days suspension. He submitted that a suspension in the 3-4 days range was an appropriate penalty in this case.
Mr Cuneen said that he has been riding at Central Districts meetings in recent weeks. Mr Oatham confirmed that, in the last 3 months, Mr Cuneen had ridden at Wellington on 16 January, Marton on 9 January, Levin on 17 December and Rangitikei on 21 November – four times in the last 3 months. On that basis, Stewards would accept that Mr Cuneen is a South Island / Central Districts rider, Mr Oatham said.
Mr Cuneen asked the Committee to take into consideration his good riding record.
Mr Ridley, on Mr Cuneen’s behalf, sought a deferment of any suspension for the 7-day period as Mr Cuneen had riding engagements at the Otago premier meeting on 6 February.
Reasons for Penalty:
The Committee accepted that Mr Cuneen was in the category of a Central Districts / South Island rider and, therefore, the appropriate starting point for penalty is 5 days. We agree with Mr Oatham that we should regard, as an aggravating factor, the status of the race and the stake payable. That factor warrants an uplift in the starting point of 1 day to 6 days. However, we note Mr Cuneen’s record under the Rule, which is a very good record and, for that, we have allowed him a discount of 1 day from the 6 days’ starting point. The degree of carelessness, the Committee would put at mid-range which makes that a neutral factor in assessing penalty.
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: 8573737dc856b1533e6490e912ddd938
informantnumber: A6367
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 03/02/2016
hearing_title: Canterbury R 30 January 2016 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Speight’s Timaru Stakes (Listed), an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr R Cuneen, alleging that Mr Cuneen, as the rider of MADAM VICTORIA in the race, “allowed his mount MADAM VICTORIA to shift inwards crowding and checking MISS ALICE (R C Black) passing the 1200 metres.
Mr Cuneen was present at the hearing of the information and he indicated that he denied the breach. Mr Cuneen was assisted at the hearing by his employer, Licensed Trainer (Class A), Mr N F Ridley.
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.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham referred to the details of the charge as set out in the information and said that, when MISS ALICE was checked and forced inwards, there was also some interference occurring to MEURSAULT (D M Walsh) and TOMA VALEA (B M Murray).
He had Stipendiary Steward, Mr M R Davidson, show video replays of the incident approximately 200 metres after the start of the 1400 metres event. Mr Davidson pointed out MADAM VICTORIA, ridden by Mr Cuneen, drawn barrier position 11 in the 13-horse field. He also pointed out MISS ALICE, which had drawn 10, ridden by R C Black, on Mr Cuneen’s inner, and the other two runners affected.
He alleged that, shortly after the start, Miss Black had become established to Mr Cuneen’s inner. Mr Cuneen’s mount then changed ground inwards, at least two horse-widths, causing crowding to Miss Black’s mount causing it to over race and forcing it inwards, crowding MEURSAULT and TOMA VALEA.
Referring to the side-on video replay, Mr Davidson showed Miss Black being forced to restrain her mount with “slight crowding” to the other two runners to her inside. He estimated that Mr Cuneen was just a length ahead of Miss Black’s mount when he shifted in.
Miss Black said that, passing the 1220 metres, she suffered “extreme pressure” from her outside when Mr Cuneen’s horse came across and took her line. He pushed her across onto MEURSAULT. Mr Cuneen was ¾ length “at the most” clear at the time. This forced her mount to thereafter race on the worst part of the track and her mount did not handle the ground down there. Prior to that she had been out in the better going wider out, Miss Black said.
Mr Cuneen asked Miss Black if her mount had been inclined to over race after leaving the barrier. She replied that it only did so after she had called out to Mr Cuneen to alert him that she was there. Her mount had not been causing her any difficulty prior to that point. In response to a question from Mr Ridley, Miss Black said that she was always on the inside of MADAM VICTORIA.
Mr Cuneen said that, as he was shifting in, he looked across and thought he was clear. As he shifted across, Miss Black’s horse had been “travelling” and over racing and the pace eased. Miss Black’s horse was known for being difficult, he submitted. He attempted to point out on the video replay that it had its head up on a couple of occasions before he shifted in. In reply to a question from the Committee, Mr Cuneen said that he estimated that he was “marginally just under 2 lengths” clear although it did not appear that much on the video. As he came in, he said, the pace eased and he had to take a hold of his mount and it had gone back onto Miss Black’s mount which was over racing, he said. It could be seen on the video that he had looked across to see if it was clear to shift inwards, he said. Miss Black had called out to him.
Mr Ridley referred to the head-on video replay and submitted that Miss Black was trailing MADAM VICTORIA initially and was having trouble holding her mount. He conceded, however, that her mount was to the inside of MADAM VICTORIA prior to Mr Cuneen shifting in.
Summing up, Mr Oatham submitted that the video evidence was very clear and it was supported by the evidence of Mr Davidson and Miss Black. Mr Cuneen had stated that he thought he was clear but it was very obvious that, when he did actually shift in, he was not clear. The distance was estimated at 1 length by Mr Davidson and ¾ length by Miss Black. It was no more than 1 length, Mr Oatham submitted, when Mr Cuneen took Miss Black’s line. Mr Cuneen had put himself into that position by easing himself. Miss Black was perfectly entitled to the line of running she was on and Mr Cuneen could not shift into her line unless he was his own length and another length clear. Miss Black was clearly inside Mr Cuneen’s mount and her own mount was racing “tractably enough”. Her mount only started to over race after she had received the interference and had to check, Mr Oatham submitted.
reasonsfordecision:
The Committee found that, shortly after the start, MISS ALICE, ridden by Miss Black was racing behind and to the inside of MADAM VICTORIA, ridden by Mr Cuneen. Mr Cuneen alleged that Miss Black’s mount was racing keenly and had its head up, and this was a key factor in his defence to the charge. However, this was not supported by the video evidence and Miss Black’s evidence, when that was put to her by Mr Cuneen, was to the effect that her mount had not been causing her any difficulty prior to her having to call to Mr Cuneen as he shifted his own mount inwards. Neither could the Committee see any significant easing of the pace as claimed by Mr Cuneen.
Mr Davidson, in his evidence, stated that it was his opinion that Mr Cuneen was a bare length clear when Mr Cuneen shifted inwards, while Miss Black estimated the distance at ¾ length. The Committee did not accept Mr Cuneen’s evidence that the distance was just under 2 lengths. From its own observation, the Committee estimated the distance to be no more than 1 length and, clearly, less than the required 2 lengths.
The Committee was satisfied that, in shifting his mount inwards into the rightful line of running of Miss Black’s mount when insufficiently clear, Mr Cuneen had ridden carelessly.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Oatham said that Mr Cuneen’s record in the past 12 months under the careless riding Rule is clear. It was a good record and this is to his credit.
Mr Oatham submitted that the Committee should take into account the status of the race as a Listed race and the stake payable ($50,000). This was an aggravating factor. The interference caused to MISS ALICE and, to a lesser extent to MEURSAULT and TOMA VALEA, should also be taken into account. The carelessness was in the mid-range, Mr Oatham submitted. The Penalty Guide starting point for a South Island rider is a 3 days suspension. He submitted that a suspension in the 3-4 days range was an appropriate penalty in this case.
Mr Cuneen said that he has been riding at Central Districts meetings in recent weeks. Mr Oatham confirmed that, in the last 3 months, Mr Cuneen had ridden at Wellington on 16 January, Marton on 9 January, Levin on 17 December and Rangitikei on 21 November – four times in the last 3 months. On that basis, Stewards would accept that Mr Cuneen is a South Island / Central Districts rider, Mr Oatham said.
Mr Cuneen asked the Committee to take into consideration his good riding record.
Mr Ridley, on Mr Cuneen’s behalf, sought a deferment of any suspension for the 7-day period as Mr Cuneen had riding engagements at the Otago premier meeting on 6 February.
reasonsforpenalty:
The Committee accepted that Mr Cuneen was in the category of a Central Districts / South Island rider and, therefore, the appropriate starting point for penalty is 5 days. We agree with Mr Oatham that we should regard, as an aggravating factor, the status of the race and the stake payable. That factor warrants an uplift in the starting point of 1 day to 6 days. However, we note Mr Cuneen’s record under the Rule, which is a very good record and, for that, we have allowed him a discount of 1 day from the 6 days’ starting point. The degree of carelessness, the Committee would put at mid-range which makes that a neutral factor in assessing penalty.
penalty:
The Committee granted Mr Cuneen’s application for a deferment.
Mr Cuneen’s Apprentice Jockey’s licence was suspended for a period from after the conclusion of racing on Saturday, 6th February 2016, up to and including Friday, 19th February 2016 – 5 riding days. The meetings intended to be encompassed by the period of suspension are Wairarapa RC on 8th February, Southland Racing Club on 11th February, Canterbury JC on 13th February, Wanganui JC on 18th February and Canterbury JC on 19th February.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J P Oatham, Stipendiary Steward
JockeysandTrainer: R Cuneen, Licensed Apprentice Jockey (Class B)
Otherperson: N F Ridley, Licensed Trainer, R C Black, Licensed Jockey, Mr M R Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
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meet_title: Canterbury Racing - 30 January 2016
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