Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Counties RC – 21 November 2009 – Race 8

ID: JCA22629

Hearing Type:
Old Hearing

Rules:
638.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Counties RC - 21 November 2009

Race Date:
2009/11/21

Race Number:
Race 8

Decision:

Following Race 8 an Information was filed pursuant to rule 638 (1) (d).  The Informant, Mr Oatham, alleged that Mr V Colgan, rider of CASA DE CAMPO, permitted his mount to shift inwards near the 1000 metres.  It was alleged that he was not sufficiently clear of GASNIER (D Johnson) who was checked.

--

 



Following Race 8 an Information was filed pursuant to rule 638 (1) (d).  The Informant, Mr Oatham, alleged that Mr V Colgan, rider of CASA DE CAMPO, permitted his mount to shift inwards near the 1000 metres.  It was alleged that he was not sufficiently clear of GASNIER (D Johnson) who was checked.

--

Mr Colgan pleaded guilty to the charge.

--

Mr G McLaughlin, Stipendiary Steward, demonstrated the video films which clearly showed at a point approaching the 1000 metres, Mr Colgan (CASA DE CAMPO) begin to shift inwards.  Mr McLaughlin said Mr Colgan moved in from a 3 wide position to one of 2 wide.  He said Mr Colgan was not the required distance clear of GASNIER (D Johnson) when he took that runner’s line.  As a result Miss Johnson had to check.

--

Mr Colgan said that at the 1000 metres he had a look to his inside and thought Miss Johnson was easing back.  He therefore moved in but admitted he did not give her enough room which he said was an error of judgement on his part.

--

PENALTY SUBMISSIONS

--

Mr Oatham produced Mr Colgan’s record which showed 3 previous suspensions in the last 12 months:  1/1/09 – 3 weeks and a $2000 fine; 6/2/09 – 4 days; 1/3/09 – 1 month and a $2500 fine.
Mr Oatham said Mr Colgan had been clear for the last 8 months so his record was good.  However he reminded the Committee that this was a Group 2 race for $125,000.  He believed Mr Colgan’s carelessness was mid range and therefore a 6 – 7 day suspension and a fine of $500 - $1000 would be appropriate.

--

Mr Colgan said he had no commitments after racing on 22/11/09.

--

PENALTY

--

The Committee carefully considered all the evidence and submissions as presented.  Mitigating facts taken into account were Mr Colgan’s guilty plea, his clear record for the last 8 months and that the interference took place 1000 metres from home with only one horse being affected.

--

However the aggravating facts must also be carefully considered, the main one being that this was a Group 2 race for $125,000.  Miss Johnson was entitled to be where she was and did receive a moderate check as Mr Colgan took her line when insufficiently clear.

--

Taking all the above facts into account we impose a suspension on Mr Colgan from riding in races which is to start after the conclusion of racing on 22 November 09 and finish after the conclusion of racing on 3 December 09 (5 days). In addition we impose a fine of $1,000.  In setting the term of suspension the Committee is mindful that 2 premier days fall within that period.

--

Richard Seabrook       Adrian Dooley
CHAIR                           Committee Member
135 

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: de14dbc895954e50ecd509de0544758e


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 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following Race 8 an Information was filed pursuant to rule 638 (1) (d).  The Informant, Mr Oatham, alleged that Mr V Colgan, rider of CASA DE CAMPO, permitted his mount to shift inwards near the 1000 metres.  It was alleged that he was not sufficiently clear of GASNIER (D Johnson) who was checked.

--

 



Following Race 8 an Information was filed pursuant to rule 638 (1) (d).  The Informant, Mr Oatham, alleged that Mr V Colgan, rider of CASA DE CAMPO, permitted his mount to shift inwards near the 1000 metres.  It was alleged that he was not sufficiently clear of GASNIER (D Johnson) who was checked.

--

Mr Colgan pleaded guilty to the charge.

--

Mr G McLaughlin, Stipendiary Steward, demonstrated the video films which clearly showed at a point approaching the 1000 metres, Mr Colgan (CASA DE CAMPO) begin to shift inwards.  Mr McLaughlin said Mr Colgan moved in from a 3 wide position to one of 2 wide.  He said Mr Colgan was not the required distance clear of GASNIER (D Johnson) when he took that runner’s line.  As a result Miss Johnson had to check.

--

Mr Colgan said that at the 1000 metres he had a look to his inside and thought Miss Johnson was easing back.  He therefore moved in but admitted he did not give her enough room which he said was an error of judgement on his part.

--

PENALTY SUBMISSIONS

--

Mr Oatham produced Mr Colgan’s record which showed 3 previous suspensions in the last 12 months:  1/1/09 – 3 weeks and a $2000 fine; 6/2/09 – 4 days; 1/3/09 – 1 month and a $2500 fine.
Mr Oatham said Mr Colgan had been clear for the last 8 months so his record was good.  However he reminded the Committee that this was a Group 2 race for $125,000.  He believed Mr Colgan’s carelessness was mid range and therefore a 6 – 7 day suspension and a fine of $500 - $1000 would be appropriate.

--

Mr Colgan said he had no commitments after racing on 22/11/09.

--

PENALTY

--

The Committee carefully considered all the evidence and submissions as presented.  Mitigating facts taken into account were Mr Colgan’s guilty plea, his clear record for the last 8 months and that the interference took place 1000 metres from home with only one horse being affected.

--

However the aggravating facts must also be carefully considered, the main one being that this was a Group 2 race for $125,000.  Miss Johnson was entitled to be where she was and did receive a moderate check as Mr Colgan took her line when insufficiently clear.

--

Taking all the above facts into account we impose a suspension on Mr Colgan from riding in races which is to start after the conclusion of racing on 22 November 09 and finish after the conclusion of racing on 3 December 09 (5 days). In addition we impose a fine of $1,000.  In setting the term of suspension the Committee is mindful that 2 premier days fall within that period.

--

Richard Seabrook       Adrian Dooley
CHAIR                           Committee Member
135 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 638.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4dcad329f11e90b2ebed2ff025c7b47f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 8


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