Counties RC 19 November 2016 – R 9 – Chair, Mr A Dooley
ID: JCA11108
Code:
Thoroughbred
Meet Title:
Counties RC - 19 November 2016
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2016/11/19
Race Number:
R9
Decision:
As Mr McKay admitted the breach the Committee find the charge proved.
Penalty:
We grant Mr McKay’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr McKay had his license to ride in races suspended for a period to commence after racing on 26 November and conclude after racing on 4 December 2016 (4 days).
That period of suspension encompasses meetings at
Counties – 30 November
New Plymouth – 1 December
Ellerslie – 3 December (Premier 2)
Waipukarau – 4 December
Facts:
Following the running of race 9, Franklin Long Roofing, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr McKay allowed his mount BARNABY to shift outwards under pressure, crowding and checking ONLY IF (M Cameron) near the 75 metres.
Mr McKay acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr McKay 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 Davidson demonstrated the incident using the available video footage. He identified Mr McKay and showed that inside the last 100 metres his mount shifted outwards when being ridden out with the whip. He said he was not the required distance clear of Mr Cameron’s mount which was checked.
Mr McKay said that BARNABY went through a gap at the 100 metres and acknowledged that his mount ducked out shortly after that point. He said that Mr Cameron was tightened for room and he believed that Mr Innes was also shifting in near the finish line which contributed to the incident.
Mr Harris said that Mr McKay was a stride too late in putting his whip away.
Submissions for Penalty:
Mr Oatham produced Mr McKay record which showed 1 previous breach under this Rule in the last 12 months. He said this was a relatively good record for a popular rider who predominately rides all over the North Island. He described the level of carelessness as a touch below mid–range. He said when BARNABY ducked out Mr McKay continued to ride his mount out with the whip when it was shifting ground. He identified that affected the chances of IF ONLY to some degree.
Mr McKay advised that he had upcoming engagements at Ellerslie on 26 November and sought a deferment to any proposed suspension.
In response to a question from the Committee, Mr McKay said he had no intention of riding at Cromwell on 27 November or Christchurch on 2 December.
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 the mitigating and aggravating factors.
The mitigating factors were Mr McKay’s admission of the breach and his very good record in relation to this Rule for which a discount was applied.
However, this has to be balanced against the aggravating fact that Mr McKay continued to ride his mount forward with the whip when it was shifting outwards. This resulted in Mr Cameron being tightened for room and he had to stop riding his mount out at a crucial stage in the race. We deemed the level of carelessness was in the low to mid–range.
The Committee had regard for the fact that Mr McKay would be missing a Premier 2 race meeting.
After taking into account all the above factors the Committee considered an appropriate suspension was 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: 0dc2d20e9280c6abdd7ae49182eb3c0b
informantnumber: A6995
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 20/11/2016
hearing_title: Counties RC 19 November 2016 - R 9 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 9, Franklin Long Roofing, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr McKay allowed his mount BARNABY to shift outwards under pressure, crowding and checking ONLY IF (M Cameron) near the 75 metres.
Mr McKay acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr McKay 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 Davidson demonstrated the incident using the available video footage. He identified Mr McKay and showed that inside the last 100 metres his mount shifted outwards when being ridden out with the whip. He said he was not the required distance clear of Mr Cameron’s mount which was checked.
Mr McKay said that BARNABY went through a gap at the 100 metres and acknowledged that his mount ducked out shortly after that point. He said that Mr Cameron was tightened for room and he believed that Mr Innes was also shifting in near the finish line which contributed to the incident.
Mr Harris said that Mr McKay was a stride too late in putting his whip away.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McKay admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr McKay record which showed 1 previous breach under this Rule in the last 12 months. He said this was a relatively good record for a popular rider who predominately rides all over the North Island. He described the level of carelessness as a touch below mid–range. He said when BARNABY ducked out Mr McKay continued to ride his mount out with the whip when it was shifting ground. He identified that affected the chances of IF ONLY to some degree.
Mr McKay advised that he had upcoming engagements at Ellerslie on 26 November and sought a deferment to any proposed suspension.
In response to a question from the Committee, Mr McKay said he had no intention of riding at Cromwell on 27 November or Christchurch on 2 December.
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 the mitigating and aggravating factors.
The mitigating factors were Mr McKay’s admission of the breach and his very good record in relation to this Rule for which a discount was applied.
However, this has to be balanced against the aggravating fact that Mr McKay continued to ride his mount forward with the whip when it was shifting outwards. This resulted in Mr Cameron being tightened for room and he had to stop riding his mount out at a crucial stage in the race. We deemed the level of carelessness was in the low to mid–range.
The Committee had regard for the fact that Mr McKay would be missing a Premier 2 race meeting.
After taking into account all the above factors the Committee considered an appropriate suspension was 4 days.
penalty:
We grant Mr McKay’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr McKay had his license to ride in races suspended for a period to commence after racing on 26 November and conclude after racing on 4 December 2016 (4 days).
That period of suspension encompasses meetings at
Counties – 30 November
New Plymouth – 1 December
Ellerslie – 3 December (Premier 2)
Waipukarau – 4 December
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr S McKay - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 313d046f7dd4f755a711acc67246f3f5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
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meetid: 75f6374d80aabad65f96d3e6b2e4972d
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meet_emailed1: 0
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meetdate: 19/11/2016
meet_title: Counties RC - 19 November 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