Archive Decision

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Counties RC 20 June 2018 – R 7 – Chair, Mr A Dooley

ID: JCA17068

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms K Cowan - Apprentice Jockey

Other Person:
Mr N Harris - Apprentice Jockey Mentor assisting Ms Cowan, Mr M Williamson - Senior Stipendiary Steward

Information Number:
A10135

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 20 June 2018

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2018/06/20

Race Number:
R7

Decision:

As Ms Cowan admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Ms Cowan had her license to ride in races suspended for a period to commence after racing on 19 July and conclude after racing on 2 August 2018.

Facts:

Following the running of race 7, Vivo Hair & Beauty 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Cowan allowed CABALLO NOIR to shift in when not clear of THEE AULD CRUIZER which was hampered and checked near the 50 metres.

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

Ms Cowan acknowledged that she understood the Rule and confirmed that she admitted the breach. Mr Harris assisted Ms Cowan at the hearing.

Mr Williamson demonstrated the incident using the available video footage. He identified that near the final 50 metres CABALLO NOIR commenced to shift in under pressure when being ridden forward with the whip. He said that Ms Cowan failed to exercise sufficient effort to straighten her mount and as a result THEE AULD CRUIZER received a severe check. He pointed out that when the incident occurred Ms Cowan was only ½ to ¾ of a length clear of THEE AULD CRUIZER.

Ms Cowan said that CABALLO NOIR was going straight until she used the whip. She said as a result her mount shifted in sharply and the interference happened quickly. She stated that she has been making lots of mistakes and should have done more to avoid the interference.

Mr Harris said that Mr Clotworthy, the Trainer of CABALLO NOIR, said that his horse was fresh up and the horse got a bit tired in the final stages of the race. Mr Harris said that Ms Cowan was going through a “bad trot”.

Submissions for Penalty:

Mr Coles produced Ms Cowan’s record which showed 4 previous breaches under this Rule in the last 12 months.

5/10/2017 - 5 day suspension
3/11/2017 - 5 day suspension
17/6/2018 - 6 day suspension
18/6/2018 – 7 day suspension

Mr Coles said the video films were self-explanatory and he believed that CABALLO NOIR shifted in quickly. He said that Ms Cowan’s shift inwards was low but the interference was mid-range. He said that Ms Cowan admitted the breach and her record needed to be taken into account. Mr Coles submitted that he would leave it up to the Committee to impose an appropriate penalty.

Mr Coles confirmed that Ms Cowan is currently suspended up to and including 19 July 2018.

Ms Cowan submitted that she was trying really hard and recognised her recent suspensions.

Mr Harris had no submissions on penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

Our assessment of the incident was that near the final 50 metres Ms Cowan was riding her mount forward with the whip when CABALLO NOIR shifted in 2 horse widths. Ms Cowan continued to ride her mount forward and into the rightful line of THEE AULD CRUIZER. At the point of interference Ms Cowan was only ¾ of a length clear of THEE AULD CRUIZER. This resulted in its rider Mr T Harris having to take evasive action when badly checked. The shift inwards fell well below the standard expected of a rider in such circumstances. The Committee deemed the level of carelessness was at least midrange and we adopted 8 national riding days as the starting point.

The Committee is very concerned that this is Ms Cowan’s third suspension for careless riding during the last three northern region race meetings. Ms Cowan’s record in the last week has gone from being good to poor and an aggravating factor.

The only mitigating factor was Ms Cowan’s admission of the breach, albeit inevitable given the compelling video film evidence.

The Committee had regard for the cumulative effect this suspension, coupled with the two she is already serving, would have on Ms Cowan.

After taking into account all the above factors the Committee considered that an appropriate suspension was 8 national riding 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: c969480b6f70fabf895fd0fc338ea616


informantnumber: A10135


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 21/06/2018


hearing_title: Counties RC 20 June 2018 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Vivo Hair & Beauty 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Cowan allowed CABALLO NOIR to shift in when not clear of THEE AULD CRUIZER which was hampered and checked near the 50 metres.

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

Ms Cowan acknowledged that she understood the Rule and confirmed that she admitted the breach. Mr Harris assisted Ms Cowan at the hearing.

Mr Williamson demonstrated the incident using the available video footage. He identified that near the final 50 metres CABALLO NOIR commenced to shift in under pressure when being ridden forward with the whip. He said that Ms Cowan failed to exercise sufficient effort to straighten her mount and as a result THEE AULD CRUIZER received a severe check. He pointed out that when the incident occurred Ms Cowan was only ½ to ¾ of a length clear of THEE AULD CRUIZER.

Ms Cowan said that CABALLO NOIR was going straight until she used the whip. She said as a result her mount shifted in sharply and the interference happened quickly. She stated that she has been making lots of mistakes and should have done more to avoid the interference.

Mr Harris said that Mr Clotworthy, the Trainer of CABALLO NOIR, said that his horse was fresh up and the horse got a bit tired in the final stages of the race. Mr Harris said that Ms Cowan was going through a “bad trot”.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Cowan admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Coles produced Ms Cowan’s record which showed 4 previous breaches under this Rule in the last 12 months.

5/10/2017 - 5 day suspension
3/11/2017 - 5 day suspension
17/6/2018 - 6 day suspension
18/6/2018 – 7 day suspension

Mr Coles said the video films were self-explanatory and he believed that CABALLO NOIR shifted in quickly. He said that Ms Cowan’s shift inwards was low but the interference was mid-range. He said that Ms Cowan admitted the breach and her record needed to be taken into account. Mr Coles submitted that he would leave it up to the Committee to impose an appropriate penalty.

Mr Coles confirmed that Ms Cowan is currently suspended up to and including 19 July 2018.

Ms Cowan submitted that she was trying really hard and recognised her recent suspensions.

Mr Harris had no submissions on penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

Our assessment of the incident was that near the final 50 metres Ms Cowan was riding her mount forward with the whip when CABALLO NOIR shifted in 2 horse widths. Ms Cowan continued to ride her mount forward and into the rightful line of THEE AULD CRUIZER. At the point of interference Ms Cowan was only ¾ of a length clear of THEE AULD CRUIZER. This resulted in its rider Mr T Harris having to take evasive action when badly checked. The shift inwards fell well below the standard expected of a rider in such circumstances. The Committee deemed the level of carelessness was at least midrange and we adopted 8 national riding days as the starting point.

The Committee is very concerned that this is Ms Cowan’s third suspension for careless riding during the last three northern region race meetings. Ms Cowan’s record in the last week has gone from being good to poor and an aggravating factor.

The only mitigating factor was Ms Cowan’s admission of the breach, albeit inevitable given the compelling video film evidence.

The Committee had regard for the cumulative effect this suspension, coupled with the two she is already serving, would have on Ms Cowan.

After taking into account all the above factors the Committee considered that an appropriate suspension was 8 national riding days.


penalty:

Accordingly, Ms Cowan had her license to ride in races suspended for a period to commence after racing on 19 July and conclude after racing on 2 August 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms K Cowan - Apprentice Jockey


Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Ms Cowan, Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f3936a22b0bbab245c4c6762e30ab154


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 83606e5657e69604444d330cb80cf077


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/06/2018


meet_title: Counties RC - 20 June 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Counties RC