Canterbury R 7 August 2013 – R 2
ID: JCA14188
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 7 August 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/08/07
Race Number:
R 2
Decision:
The charge was found to be proved.
Penalty:
On resumption of the hearing Mr Smith was advised that he was fined the sum of $500.
Charge:
Alleged breach of Rule 636(1)(c).
Facts:
Following the running of Race 2, the Classics Villa Amateur Riders Maiden, an Information was filed by Stipendiary Steward, Mr M Zarb, against licensed amateur jockey, Mr B Smith, the rider of MOONOFKLAIRESSA, alleging Mr Smith failed to ride his horse out to the finish when there was a reasonable chance of it finishing in a higher placing.
The charge reads as follows:
“I the above named Informant, allege that the above named Respondent, committed a breach of Rule 636(1)(c) in that B Smith failed to ride MOONOFKLAIRESSA out to the end of the race when it was or had a reasonable chance of it running 3rd to which there was prize money and a dividend payable.”
Rule 636(1)(c) reads as follows:
“(1) A Person:
(c)being the rider of a horse in a race, must ride his horse out to the end of the race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.”
Mr Smith had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Smith also agreed that he understood the charge and the rule it was brought under.
Submissions for Decision:
Mr Zarb gave evidence and used video coverage with the assistance of Co-Chief Stipendiary Steward, Mr N McIntyre, to show that inside the 50m MOONOFKLAIRESSA, ridden by Mr Smith, was racing on the outside of KING FILOU, ridden by Mr D Frye, with both horses on level terms, under a ride and in contention for 3rd place. Mr Zarb showed Mr Smith stop riding his horse out with approximately 25m to run. Mr McIntyre submitted it was clear on the films, that when Mr Smith stopped riding and “sat up”, MOONOFKLAIRESSA was in contention and had a reasonable chance of finishing in 3rd place.
Mr Smith admitted to the Committee that he had “dropped his hands” but he believed MOONOFKLAIRESSA was doing its best, and had come to the end of its run. He said continuing to ride the horse out would have made no difference to the placing’s. He also stated that the other horse, KING FILOU, fought back, and believed that even if he had continued on riding out his horse the result would still have been the same.
Reasons for Decision:
In considering our decision in this matter, we carefully took into account all the evidence and the video coverage. The Committee found the video evidence compelling and were satisfied that Mr Smith when riding MOONOFKLAIRESSA, stopped riding his horse out approximately 25m from the post when in contention for 3rd place. With the official margin between 3rd and 4th being a nose, we were satisfied that Mr Smith had a reasonable chance of running into 3rd position for which there was a higher stake and dividend payable.
Mr Smith admitted that he had “dropped his hands’ and relaxed his ride but that MOONOFKLAIRESSA was doing its best and that it made no difference to final placings. We find this defence without merit.
The Rule requires that riders ride their mounts out to the end of the race if they have a reasonable chance of it running into a stake or dividend bearing position. We find Mr Smith failed to do so.
We therefore find the charge proved.
Submissions for Penalty:
Mr Zarb stated that Mr Smith had a clear record. He said that in penalty for a professional rider, with a breach of this Rule for a 3rd placing, the Stewards would be seeking a 3 week suspension. With Mr Smith being an amateur rider there is no precedent for penalty under this Rule. He stated that Mr Smith had limited means to pay a fine and that due to the very limited opportunities available to South Island Amateur riders with no Amateur races set down for the next few months, an appropriate suspension would be difficult to quantify. He stated that the next possible Amateur race to be scheduled in the South Island could be in May next year at Riverton. He submitted that if a fine be imposed, that penalty to be no less than $500.
Mr Smith submitted that if he was to be fined $500 he would be very disappointed and that a fine at that level was ludicrous for what he had done. He submitted that he would prefer a suspension even if that included dates next year.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr Smith’s clean penalty record. The Committee also took into consideration all other factors which we believe are aggravating. The owners of MOONOFKLAIRESSA having been denied the opportunity to gain a higher stake and may have cost them an increased stake of $625. The betting public who had Place, Trifecta and First 4 bets on the event were denied the opportunity of a better placing. We also find the breach at the higher end of the scale. The Committee believe that a suspension is not an appropriate penalty having regard to the limited opportunities available to amateur riders in the South Island as it would difficult to quantify an appropriate term of suspension. We therefore decided that a fine is an appropriate penalty on this occasion. After taking all factors into consideration the Committee believed that a fine in excess of $500 is justified but after taking Mr Smiths limited means and his amateur rider status into consideration, have decided that a fine of $500 be imposed.
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: a5ffcf3f6b650dc21148ab06898c8c6e
informantnumber: A4940
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 09/08/2013
hearing_title: Canterbury R 7 August 2013 - R 2
charge:
Alleged breach of Rule 636(1)(c).
facts:
Following the running of Race 2, the Classics Villa Amateur Riders Maiden, an Information was filed by Stipendiary Steward, Mr M Zarb, against licensed amateur jockey, Mr B Smith, the rider of MOONOFKLAIRESSA, alleging Mr Smith failed to ride his horse out to the finish when there was a reasonable chance of it finishing in a higher placing.
The charge reads as follows:
“I the above named Informant, allege that the above named Respondent, committed a breach of Rule 636(1)(c) in that B Smith failed to ride MOONOFKLAIRESSA out to the end of the race when it was or had a reasonable chance of it running 3rd to which there was prize money and a dividend payable.”
Rule 636(1)(c) reads as follows:
“(1) A Person:
(c)being the rider of a horse in a race, must ride his horse out to the end of the race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.”
Mr Smith had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Smith also agreed that he understood the charge and the rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Zarb gave evidence and used video coverage with the assistance of Co-Chief Stipendiary Steward, Mr N McIntyre, to show that inside the 50m MOONOFKLAIRESSA, ridden by Mr Smith, was racing on the outside of KING FILOU, ridden by Mr D Frye, with both horses on level terms, under a ride and in contention for 3rd place. Mr Zarb showed Mr Smith stop riding his horse out with approximately 25m to run. Mr McIntyre submitted it was clear on the films, that when Mr Smith stopped riding and “sat up”, MOONOFKLAIRESSA was in contention and had a reasonable chance of finishing in 3rd place.
Mr Smith admitted to the Committee that he had “dropped his hands” but he believed MOONOFKLAIRESSA was doing its best, and had come to the end of its run. He said continuing to ride the horse out would have made no difference to the placing’s. He also stated that the other horse, KING FILOU, fought back, and believed that even if he had continued on riding out his horse the result would still have been the same.
reasonsfordecision:
In considering our decision in this matter, we carefully took into account all the evidence and the video coverage. The Committee found the video evidence compelling and were satisfied that Mr Smith when riding MOONOFKLAIRESSA, stopped riding his horse out approximately 25m from the post when in contention for 3rd place. With the official margin between 3rd and 4th being a nose, we were satisfied that Mr Smith had a reasonable chance of running into 3rd position for which there was a higher stake and dividend payable.
Mr Smith admitted that he had “dropped his hands’ and relaxed his ride but that MOONOFKLAIRESSA was doing its best and that it made no difference to final placings. We find this defence without merit.
The Rule requires that riders ride their mounts out to the end of the race if they have a reasonable chance of it running into a stake or dividend bearing position. We find Mr Smith failed to do so.
We therefore find the charge proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Zarb stated that Mr Smith had a clear record. He said that in penalty for a professional rider, with a breach of this Rule for a 3rd placing, the Stewards would be seeking a 3 week suspension. With Mr Smith being an amateur rider there is no precedent for penalty under this Rule. He stated that Mr Smith had limited means to pay a fine and that due to the very limited opportunities available to South Island Amateur riders with no Amateur races set down for the next few months, an appropriate suspension would be difficult to quantify. He stated that the next possible Amateur race to be scheduled in the South Island could be in May next year at Riverton. He submitted that if a fine be imposed, that penalty to be no less than $500.
Mr Smith submitted that if he was to be fined $500 he would be very disappointed and that a fine at that level was ludicrous for what he had done. He submitted that he would prefer a suspension even if that included dates next year.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr Smith’s clean penalty record. The Committee also took into consideration all other factors which we believe are aggravating. The owners of MOONOFKLAIRESSA having been denied the opportunity to gain a higher stake and may have cost them an increased stake of $625. The betting public who had Place, Trifecta and First 4 bets on the event were denied the opportunity of a better placing. We also find the breach at the higher end of the scale. The Committee believe that a suspension is not an appropriate penalty having regard to the limited opportunities available to amateur riders in the South Island as it would difficult to quantify an appropriate term of suspension. We therefore decided that a fine is an appropriate penalty on this occasion. After taking all factors into consideration the Committee believed that a fine in excess of $500 is justified but after taking Mr Smiths limited means and his amateur rider status into consideration, have decided that a fine of $500 be imposed.
penalty:
On resumption of the hearing Mr Smith was advised that he was fined the sum of $500.
hearing_type: Hearing
Rules: 636(1)(c)
Informant: M Zarb-Stipendiary Steward
JockeysandTrainer: B Smith-Licensed Amateur Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fd571fe09f93b42b7f380397375e89f0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a048fa0917e2339cb509199f27d55241
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/08/2013
meet_title: Canterbury Racing - 7 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing