Archive Decision

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Counties RC 18 September 2016 – R 4 – Chair, Mr A Dooley

ID: JCA11618

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms V Gatu - Apprentice Rider

Other Person:
Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward

Information Number:
A7876

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 18 September 2016

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2016/09/18

Race Number:
R4

Decision:

As Ms Gatu admitted the breach the Committee find the charge proved.

Penalty:

Accordingly, Ms Gatu had her license to ride in races suspended for a period to commence after racing on 24 September and conclude after racing on 1 October 2016 (4 days).

That period of suspension encompasses meetings at Te Aroha, Whangarei, Te Rapa and Hastings.

Facts:

Following the running of race 4, Mount Shop 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that near the 1200 metres Ms Gatu allowed her mount WOODEN EDGE to shift out dictating REBEL ROSE into the line of STREET SMART which was checked.

Ms Gatu acknowledged that she understood the Rule and confirmed her admission of the breach. Mr N Harris assisted Ms Gatu at the hearing.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Jones demonstrated the incident using the available video films. He identified that Ms Gatu eased her mount back and dictated REBEL ROSE out and into the running line of STREET SMART. He said Ms Gatu was only a bare length clear when allowing her mount to shift ground. He said the incident was amplified by the fact Ms Gatu shifted back and then across heels which resulted in STREET SMART losing 1 to 1 and ½ lengths.

Ms Gatu said that WOODEN EDGE had led and faded at his last start and today she wanted to ride the horse back in the field. Ms Gatu identified that when she went to restrain WOODEN EDGE the horse over reacted and she didn’t intend to shift ground outwards.

Submissions for Penalty:

Mr Coles produced Ms Gatu’s record which showed no previous breach under this Rule in the last 12 months. He said Ms Gatu should be given credit for her admission of the breach and her clear record. He said that STREET SMART received a reasonable check and submitted a 4 day suspension would be an appropriate penalty.

Ms Gatu advised that she had upcoming engagements at Ellerslie on 24 September and any proposed suspension could start after that.

In response to a question from the Committee, Mr Williamson said that Ms Gatu had no recent history of riding in the Central Districts on an Industry day. He said Ms Gatu had ridden in the Central Districts on 2 Saturday’s in recent months.

When given the opportunity Ms Gatu was unable to provide any evidence to the contrary. Ms Gatu recognised that Waverley on 29 September would not be included in her penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on mitigating and aggravating factors.

The mitigating factors were Ms Gatu’s admission of the breach and her excellent record in relation to this Rule for which she has been given credit.

However, this has to be balanced against the consequences of Ms Gatu’s actions which resulted in STREET SMART being checked and losing about 2 lengths. We deemed the level of carelessness was low to mid – range and the impact of the carelessness to be mid – range. The interference would not have occurred if Ms Gatu had been her own length and another length clear prior to allowing her mount to shift out.

The Committee was mindful that 1 October is an Iconic race day at Hastings.

After taking into account all the above factors the Committee considers an appropriate suspension to be 4 days.

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: 205b44e9745bfafe017397468dde17a7


informantnumber: A7876


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 19/09/2016


hearing_title: Counties RC 18 September 2016 - R 4 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 4, Mount Shop 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that near the 1200 metres Ms Gatu allowed her mount WOODEN EDGE to shift out dictating REBEL ROSE into the line of STREET SMART which was checked.

Ms Gatu acknowledged that she understood the Rule and confirmed her admission of the breach. Mr N Harris assisted Ms Gatu at the hearing.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Jones demonstrated the incident using the available video films. He identified that Ms Gatu eased her mount back and dictated REBEL ROSE out and into the running line of STREET SMART. He said Ms Gatu was only a bare length clear when allowing her mount to shift ground. He said the incident was amplified by the fact Ms Gatu shifted back and then across heels which resulted in STREET SMART losing 1 to 1 and ½ lengths.

Ms Gatu said that WOODEN EDGE had led and faded at his last start and today she wanted to ride the horse back in the field. Ms Gatu identified that when she went to restrain WOODEN EDGE the horse over reacted and she didn’t intend to shift ground outwards.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Gatu admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Coles produced Ms Gatu’s record which showed no previous breach under this Rule in the last 12 months. He said Ms Gatu should be given credit for her admission of the breach and her clear record. He said that STREET SMART received a reasonable check and submitted a 4 day suspension would be an appropriate penalty.

Ms Gatu advised that she had upcoming engagements at Ellerslie on 24 September and any proposed suspension could start after that.

In response to a question from the Committee, Mr Williamson said that Ms Gatu had no recent history of riding in the Central Districts on an Industry day. He said Ms Gatu had ridden in the Central Districts on 2 Saturday’s in recent months.

When given the opportunity Ms Gatu was unable to provide any evidence to the contrary. Ms Gatu recognised that Waverley on 29 September would not be included in her penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on mitigating and aggravating factors.

The mitigating factors were Ms Gatu’s admission of the breach and her excellent record in relation to this Rule for which she has been given credit.

However, this has to be balanced against the consequences of Ms Gatu’s actions which resulted in STREET SMART being checked and losing about 2 lengths. We deemed the level of carelessness was low to mid – range and the impact of the carelessness to be mid – range. The interference would not have occurred if Ms Gatu had been her own length and another length clear prior to allowing her mount to shift out.

The Committee was mindful that 1 October is an Iconic race day at Hastings.

After taking into account all the above factors the Committee considers an appropriate suspension to be 4 days.


penalty:

Accordingly, Ms Gatu had her license to ride in races suspended for a period to commence after racing on 24 September and conclude after racing on 1 October 2016 (4 days).

That period of suspension encompasses meetings at Te Aroha, Whangarei, Te Rapa and Hastings.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms V Gatu - Apprentice Rider


Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 1ef7840b483f3207546a07a118f55bf0


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: 768a641580756fdb14878fe4b84791a4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/09/2016


meet_title: Counties RC - 18 September 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Counties RC