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Canterbury R – Hororata 22 March 2014 – R 4

ID: JCA17527

Applicant:
M Zarb - Stipendiary Steward

Respondent(s):
DM Walsh - Licensed Jockey

Information Number:
A6228

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638(1) A rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) careless

Plea:
denied

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 22 March 2014

Meet Chair:
KHales

Meet Committee Member 1:
SChing

Race Date:
2014/03/22

Race Number:
R4

Decision:

The charge is found proved accordingly.

Penalty:

Mr Walsh is suspended for three race riding days, commencing at the conclusion of racing on Wednesday 26th March until the conclusion of racing on Saturday 29th March. That period takes into account, in Mr Walsh's case, meetings at Wanganui 27th, Paeroa 28th and Auckland 29th March 2014.

Facts:

It was alleged that near the 150 metres mark in the Selwyn-Rakaia Vet Services Open Sprint that Licensed Jockey DM Walsh allowed his mount Toma Valea which was hanging in to shift inwards when insufficiently clear of Tacticall  resulting in that horse having to be checked. It was further alleged that Mr Walsh continued to allow his mount to shift in and near the 100 metres mark shifted in across the line of Cangowest which was steadied.

The Stipendiary Stewards relied on the video evidence using the head on, side and 600 metre camera views to support their case. Mr Zarb showed how Mr Walsh's mount was hanging inwards in the final stages of the race. Mr Walsh was the widest runner and came across the line of two horses. He came across the line of Tacticall  and then across the line of Cangowest. Mr Zarb said that Mr Walsh had an obligation to look after the riders inside of him, and failed in that obligation by coming across the running lines of the horses aforementioned. Mr Walsh was trying to win the race and was riding vigorously with the whip in his left hand, but in the process did not make enough of an effort to watch out for the horses inside of him. One horse received a check and the other had to be steadied. He "did not do enough" in terms of the other riders.

Mr Walsh called Licensed Jockey R Hannam  (Cangowest) to give evidence. Mr Walsh asked Mr Hannam if he made any contact and whether or not his chances of finishing in a better position were affected. Mr Hannam told the hearing that Mr Walsh went across his line quickly. Mr Hannam noticed that Toma Valea  was hanging in. He said that he had to take hold of his mount.   Mr Hannam said that he couldn't tell if Mr Walsh was a length and a half length clear.  Mr Hannam confirmed in answer to a question from the Chair, that he did have to take a hold of his mount.

Mr Walsh then called Licensed Jockey Kylie Williams (Tacticall)  to give evidence. Mr Walsh asked if contact was made and if her chances were affected. Ms Williams said that no contact was made but even though her horse was lugging out she had to take hold to avoid heels. In answer to Mr Zarb Ms Williams confirmed that Mr Walsh was not two lengths clear. Her horse's chances were not affected by the incident.

Mr Walsh in defence said that his horse did run in quickly. However, he said that no contact was made with the other horses involved. He said that he was doing his best to keep his horse's head straight. He agreed that both riders had to steady but both of them finished where they would have expected to finish. His horse has a history of hanging in. He said that he couldn't have done anything else other than to stand up in the stirrups and to pull his horse's head sideways, which was not an option at this stage of the race.

Submissions for Decision:

Mr Walsh in summary, said that there was never any danger of either horse clipping heels, and neither of the other horses had their chances affected. He went past very quickly. He maintained that it was an "optical illusion" that he was going to knock the other horses over. He maintained that neither rider had to check his/her horse - each had to "steady" which he said was quite different to "checking".

Mr Zarb said that there was no allegation of contact and neither was there any suggestion that their chances were affected. He said that two experienced riders gave evidence of having to "take hold", which they didn't do "for the fun of it". Mr Zarb said that they took hold because they wanted to avoid clipping heels. Mr Walsh was not his own length and another length clear when he went across the lines of Tacticall  and Cangowest.

Reasons for Decision:

Mr Walsh crossed the running lines of two other horses in the race when not his own length and another length clear. Mr Walsh's submission that the chances of those horses were not affected is quite irrelevant to this charge. Two experienced riders had to take hold of their mounts and as to whether that constituted a check or steadying is not a defining aspect. The fact of the matter is that a failure to keep the required distance clear constitutes careless riding. It may have been "low level" careless riding because the consequences were not great, but it was careless riding, nevertheless. We are satisfied that the charge has been made out to the required standard.

Submissions for Penalty:

Mr Zarb told the hearing that Mr Walsh received a suspension of six days in June 2013. He said that Mr Walsh is a very busy national rider, and is very helpful to Stipendiary Stewards and young jockeys. He agreed that the level of carelessness was at a low level.

He submitted that a minimum penalty could be imposed.

Reasons for Penalty:

The starting point for the imposition of penalty is a suspension of five race days. Against that we must take into account aggravating and mitigating features.

In this case there are no aggravating features which would warrant an uplift on the starting point.

Mr Walsh is a well respected rider who rides on a national basis. He has only incurred one suspension in the last twelve months. The degree of carelessness was at a low level. As a consequence we can allow Mr Walsh a two day discount on the starting point.

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: ed9a4e2972faa043c9faa2c04f8176fe


informantnumber: A6228


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: denied


penaltyrequired: 1


decisiondate: 21/03/2014


hearing_title: Canterbury R - Hororata 22 March 2014 - R 4


charge:


facts:

It was alleged that near the 150 metres mark in the Selwyn-Rakaia Vet Services Open Sprint that Licensed Jockey DM Walsh allowed his mount Toma Valea which was hanging in to shift inwards when insufficiently clear of Tacticall  resulting in that horse having to be checked. It was further alleged that Mr Walsh continued to allow his mount to shift in and near the 100 metres mark shifted in across the line of Cangowest which was steadied.

The Stipendiary Stewards relied on the video evidence using the head on, side and 600 metre camera views to support their case. Mr Zarb showed how Mr Walsh's mount was hanging inwards in the final stages of the race. Mr Walsh was the widest runner and came across the line of two horses. He came across the line of Tacticall  and then across the line of Cangowest. Mr Zarb said that Mr Walsh had an obligation to look after the riders inside of him, and failed in that obligation by coming across the running lines of the horses aforementioned. Mr Walsh was trying to win the race and was riding vigorously with the whip in his left hand, but in the process did not make enough of an effort to watch out for the horses inside of him. One horse received a check and the other had to be steadied. He "did not do enough" in terms of the other riders.

Mr Walsh called Licensed Jockey R Hannam  (Cangowest) to give evidence. Mr Walsh asked Mr Hannam if he made any contact and whether or not his chances of finishing in a better position were affected. Mr Hannam told the hearing that Mr Walsh went across his line quickly. Mr Hannam noticed that Toma Valea  was hanging in. He said that he had to take hold of his mount.   Mr Hannam said that he couldn't tell if Mr Walsh was a length and a half length clear.  Mr Hannam confirmed in answer to a question from the Chair, that he did have to take a hold of his mount.

Mr Walsh then called Licensed Jockey Kylie Williams (Tacticall)  to give evidence. Mr Walsh asked if contact was made and if her chances were affected. Ms Williams said that no contact was made but even though her horse was lugging out she had to take hold to avoid heels. In answer to Mr Zarb Ms Williams confirmed that Mr Walsh was not two lengths clear. Her horse's chances were not affected by the incident.

Mr Walsh in defence said that his horse did run in quickly. However, he said that no contact was made with the other horses involved. He said that he was doing his best to keep his horse's head straight. He agreed that both riders had to steady but both of them finished where they would have expected to finish. His horse has a history of hanging in. He said that he couldn't have done anything else other than to stand up in the stirrups and to pull his horse's head sideways, which was not an option at this stage of the race.


appealdecision:


isappeal:


submissionsfordecision:

Mr Walsh in summary, said that there was never any danger of either horse clipping heels, and neither of the other horses had their chances affected. He went past very quickly. He maintained that it was an "optical illusion" that he was going to knock the other horses over. He maintained that neither rider had to check his/her horse - each had to "steady" which he said was quite different to "checking".

Mr Zarb said that there was no allegation of contact and neither was there any suggestion that their chances were affected. He said that two experienced riders gave evidence of having to "take hold", which they didn't do "for the fun of it". Mr Zarb said that they took hold because they wanted to avoid clipping heels. Mr Walsh was not his own length and another length clear when he went across the lines of Tacticall  and Cangowest.


reasonsfordecision:

Mr Walsh crossed the running lines of two other horses in the race when not his own length and another length clear. Mr Walsh's submission that the chances of those horses were not affected is quite irrelevant to this charge. Two experienced riders had to take hold of their mounts and as to whether that constituted a check or steadying is not a defining aspect. The fact of the matter is that a failure to keep the required distance clear constitutes careless riding. It may have been "low level" careless riding because the consequences were not great, but it was careless riding, nevertheless. We are satisfied that the charge has been made out to the required standard.


Decision:

The charge is found proved accordingly.


sumissionsforpenalty:

Mr Zarb told the hearing that Mr Walsh received a suspension of six days in June 2013. He said that Mr Walsh is a very busy national rider, and is very helpful to Stipendiary Stewards and young jockeys. He agreed that the level of carelessness was at a low level.

He submitted that a minimum penalty could be imposed.


reasonsforpenalty:

The starting point for the imposition of penalty is a suspension of five race days. Against that we must take into account aggravating and mitigating features.

In this case there are no aggravating features which would warrant an uplift on the starting point.

Mr Walsh is a well respected rider who rides on a national basis. He has only incurred one suspension in the last twelve months. The degree of carelessness was at a low level. As a consequence we can allow Mr Walsh a two day discount on the starting point.


penalty:

Mr Walsh is suspended for three race riding days, commencing at the conclusion of racing on Wednesday 26th March until the conclusion of racing on Saturday 29th March. That period takes into account, in Mr Walsh's case, meetings at Wanganui 27th, Paeroa 28th and Auckland 29th March 2014.


hearing_type: Hearing


Rules: Rule 638(1) A rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) careless


Informant: M Zarb - Stipendiary Steward


JockeysandTrainer: DM Walsh - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 228cea85105ef20356b1abc1ec1f881a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 00ff09a729969679e11ddbdec4d410dd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/03/2014


meet_title: Canterbury Racing - 22 March 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: SChing


meet_pm2: none


name: Canterbury Racing