Counties RC 10 August 2013 – R 4
ID: JCA16621
Code:
Thoroughbred
Meet Title:
Counties RC - 10 August 2013
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2013/08/10
Race Number:
R 4
Decision:
As Mr P Turner admitted the breach we find the charge proved.
Penalty:
We grant Mr P Turner's request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr P Turner which will commence after racing on 12 August and conclude after racing on 21 August 2013 (5 days).
The penalty did not include any South Island meetings as Mr P Turner confirmed that he did not intend riding at any upcoming South Island meetings.
Charge:
Following race 4, GRAEME THOMSON ANTIQUE JEWELLERY 2200, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Coles, alleged that Mr P Turner permitted his mount LITTLE MATEY to shift inwards near the winning post on the first occasion when not sufficiently clear of BUCKLES which was checked and shifted out resulting in a check to XALTED.
Mr P Turner acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Facts:
Mr P Turner confirmed that he admitted the breach.
Mr Oatham demonstrated on the head on film that approaching the winning post on the first occasion Mr P Turner was racing in a 4 wide position. Shortly after this point he permitted his mount LITTLE MATEY to shift inwards when only a bare length clear. This resulted in BUCKLES being placed in restricted room and checked. BUCKLES then shifted out into EXALTED which was hampered. He also showed where both IRENE ALICE and BAHHTON received tightening and backwash from Mr Turner’s inward movement. He added Mr Turner did take some remedial action however it was too little too late.
Mr P Turner advised the Committee that he had not planned on going forward but heard a call from a rider on his outside that it was clear to shift in. He conceded that he took a gamble when moving in and was not aware that there was a horse on the inside of BUCKLES. He acknowledged that he was a bare length clear when moving in.
Submissions for Penalty:
Mr Coles produced Mr P Turner's record which showed 2 previous breaches under this Rule in the last 12 months. He said this was a very good record and he should be given credit for his admission of the breach. He assessed the level of carelessness as mid range and submitted a suspension at the low end would be appropriate.
Mr Turner advised that he had upcoming commitments at Matamata on 12 August, and that any period of suspension could commence after that. Mr P Turner confirmed he rode all over the North Island.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr Turner's admission of the breach and his good record in relation to this Rule. The aggravating fact is the level of carelessness which we assess as mid range which resulted in 4 horses being checked to varying degrees.
We note that Mr Turner was only a bare length clear when allowing his mount to shift in, this is an aggravating fact.
After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.
JCA Decision Fields (raw)
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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: cd94af1b9a31bcebac9ed778e772ced0
informantnumber: A2766
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/08/2013
hearing_title: Counties RC 10 August 2013 - R 4
charge:
Following race 4, GRAEME THOMSON ANTIQUE JEWELLERY 2200, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Coles, alleged that Mr P Turner permitted his mount LITTLE MATEY to shift inwards near the winning post on the first occasion when not sufficiently clear of BUCKLES which was checked and shifted out resulting in a check to XALTED.
Mr P Turner acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
facts:
Mr P Turner confirmed that he admitted the breach.
Mr Oatham demonstrated on the head on film that approaching the winning post on the first occasion Mr P Turner was racing in a 4 wide position. Shortly after this point he permitted his mount LITTLE MATEY to shift inwards when only a bare length clear. This resulted in BUCKLES being placed in restricted room and checked. BUCKLES then shifted out into EXALTED which was hampered. He also showed where both IRENE ALICE and BAHHTON received tightening and backwash from Mr Turner’s inward movement. He added Mr Turner did take some remedial action however it was too little too late.
Mr P Turner advised the Committee that he had not planned on going forward but heard a call from a rider on his outside that it was clear to shift in. He conceded that he took a gamble when moving in and was not aware that there was a horse on the inside of BUCKLES. He acknowledged that he was a bare length clear when moving in.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr P Turner admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr P Turner's record which showed 2 previous breaches under this Rule in the last 12 months. He said this was a very good record and he should be given credit for his admission of the breach. He assessed the level of carelessness as mid range and submitted a suspension at the low end would be appropriate.
Mr Turner advised that he had upcoming commitments at Matamata on 12 August, and that any period of suspension could commence after that. Mr P Turner confirmed he rode all over the North Island.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr Turner's admission of the breach and his good record in relation to this Rule. The aggravating fact is the level of carelessness which we assess as mid range which resulted in 4 horses being checked to varying degrees.
We note that Mr Turner was only a bare length clear when allowing his mount to shift in, this is an aggravating fact.
After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.
penalty:
We grant Mr P Turner's request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr P Turner which will commence after racing on 12 August and conclude after racing on 21 August 2013 (5 days).
The penalty did not include any South Island meetings as Mr P Turner confirmed that he did not intend riding at any upcoming South Island meetings.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr P Turner - Licensed Rider
Otherperson: Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f80125ab083f85b17452197839624cce
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4c785375e7b8215781c6ca7bfa4929bc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/08/2013
meet_title: Counties RC - 10 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Counties RC