Counties RC – 21 November 2009 – Race 6
ID: JCA18654
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Counties RC - 21 November 2009
Race Date:
2009/11/21
Race Number:
Race 6
Decision:
Following Race 6 an Information was filed pursuant to rule 638 (1) (d). The Informant, Mr Oatham, alleged that Mr Sweeney permitted his mount SCARLET VANHARA to shift out near the 75 metres. In doing so it was alleged he was not sufficiently clear of ATTALA (V Ho) who was forced into the line of STRIKER (S Spratt) who was checked.
--
Following Race 6 an Information was filed pursuant to rule 638 (1) (d). The Informant, Mr Oatham, alleged that Mr Sweeney permitted his mount SCARLET VANHARA to shift out near the 75 metres. In doing so it was alleged he was not sufficiently clear of ATTALA (V Ho) who was forced into the line of STRIKER (S Spratt) who was checked.
--Mr Sweeney pleaded guilty to the charge.
--Mr G McLaughlin, Stipendiary Steward, demonstrated the video films which showed Mr Sweeney (SCARLET VANHARA) racing in a one off position with 75 metres to run. The films clearly showed Mr Sweeney angle his mount out to gain a better run and in doing so move into the line of ATTALA (V Ho) when a bare length clear. This forced ATTALA out and into the line of STRIKER (S Spratt) who was badly checked.
--Mr Sweeney stated that short of the line he believed he had a marginally clear run. He admitted he angled his mount out because he thought Miss Spratt had weakened out of the gap. He added that Miss Spratt may have made it look worse than it was.
--PENALTY SUBMISSIONS
--Mr Oatham produced Mr Sweeney’s record which showed 2 charges in the last 12 months – 1/8/09 (4 days) and 19/8/09 (2 weeks). Mr Oatham said Mr Sweeney had cooperated fully with the stewards, had pleaded guilty and his record was relatively good. However Mr Sweeney was never entitled to move out from where he was and the resultant interference was quite severe. Mr Oatham submitted Mr Sweeney’s carelessness was at the higher end of the scale and it occurred in a Group 2 race of $110,000. He said that consistent with NZTR policy for Group races a fine and suspension should be imposed. He submitted an 8 to 10 day suspension and a fine of $1000 to $1500 would be appropriate.
--Mr Sweeney said he only had commitments until 22nd November 09. As he was not in the top bracket of riders these days and was married with 2 young children any harsh penalty would affect him severely.
--PENALTY
--The Committee carefully considered all the evidence and submissions as presented. The only mitigating factors are Mr Sweeney’s guilty plea, cooperation with the stewards and his relatively good record. However these are heavily outweighed by the aggravating factors of this offence occurring in a Group 2 race for $100,000 stake. The check received by Miss Spratt was a severe one caused by Mr Sweeney angling out when not sufficiently clear. This action gained Mr Sweeney a Group 2 placing which he may well not have achieved if he had held his correct line. The Committee concurs with Mr Oatham that Mr Sweeney’s carelessness was at the higher end. Taking all the above into account we impose a suspension on Mr Sweeney from riding in races which is to start after the conclusion of racing on 22 November 09 and conclude after the finish of racing on 10 December 09 (9 days). In addition we impose a fine of $1,250.
--Richard Seabrook A Dooley
CHAIR Committee Member
134
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: 164b9e80f8bcb449a60ffb9a2b6dfd7e
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 21/11/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Counties RC - 21 November 2009 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following Race 6 an Information was filed pursuant to rule 638 (1) (d). The Informant, Mr Oatham, alleged that Mr Sweeney permitted his mount SCARLET VANHARA to shift out near the 75 metres. In doing so it was alleged he was not sufficiently clear of ATTALA (V Ho) who was forced into the line of STRIKER (S Spratt) who was checked.
--
Following Race 6 an Information was filed pursuant to rule 638 (1) (d). The Informant, Mr Oatham, alleged that Mr Sweeney permitted his mount SCARLET VANHARA to shift out near the 75 metres. In doing so it was alleged he was not sufficiently clear of ATTALA (V Ho) who was forced into the line of STRIKER (S Spratt) who was checked.
--Mr Sweeney pleaded guilty to the charge.
--Mr G McLaughlin, Stipendiary Steward, demonstrated the video films which showed Mr Sweeney (SCARLET VANHARA) racing in a one off position with 75 metres to run. The films clearly showed Mr Sweeney angle his mount out to gain a better run and in doing so move into the line of ATTALA (V Ho) when a bare length clear. This forced ATTALA out and into the line of STRIKER (S Spratt) who was badly checked.
--Mr Sweeney stated that short of the line he believed he had a marginally clear run. He admitted he angled his mount out because he thought Miss Spratt had weakened out of the gap. He added that Miss Spratt may have made it look worse than it was.
--PENALTY SUBMISSIONS
--Mr Oatham produced Mr Sweeney’s record which showed 2 charges in the last 12 months – 1/8/09 (4 days) and 19/8/09 (2 weeks). Mr Oatham said Mr Sweeney had cooperated fully with the stewards, had pleaded guilty and his record was relatively good. However Mr Sweeney was never entitled to move out from where he was and the resultant interference was quite severe. Mr Oatham submitted Mr Sweeney’s carelessness was at the higher end of the scale and it occurred in a Group 2 race of $110,000. He said that consistent with NZTR policy for Group races a fine and suspension should be imposed. He submitted an 8 to 10 day suspension and a fine of $1000 to $1500 would be appropriate.
--Mr Sweeney said he only had commitments until 22nd November 09. As he was not in the top bracket of riders these days and was married with 2 young children any harsh penalty would affect him severely.
--PENALTY
--The Committee carefully considered all the evidence and submissions as presented. The only mitigating factors are Mr Sweeney’s guilty plea, cooperation with the stewards and his relatively good record. However these are heavily outweighed by the aggravating factors of this offence occurring in a Group 2 race for $100,000 stake. The check received by Miss Spratt was a severe one caused by Mr Sweeney angling out when not sufficiently clear. This action gained Mr Sweeney a Group 2 placing which he may well not have achieved if he had held his correct line. The Committee concurs with Mr Oatham that Mr Sweeney’s carelessness was at the higher end. Taking all the above into account we impose a suspension on Mr Sweeney from riding in races which is to start after the conclusion of racing on 22 November 09 and conclude after the finish of racing on 10 December 09 (9 days). In addition we impose a fine of $1,250.
--Richard Seabrook A Dooley
CHAIR Committee Member
134
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 638.1.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 872fdc918b251c793b57f8f1e5c25b72
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1ef1f9175bd0776b01c0ceee69f74021
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/11/2009
meet_title: Counties RC - 21 November 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Counties RC