Counties RC 28 May 2014 – R 10 (adjourned hearing heard at Te Rapa on 7 June 2014)

hearingid: 09715e48cd3e0f649660ad3942819a98

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hearing_racingtype: thoroughbred-racing

startdate: 28/05/2014

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decisiondate: no date provided

hearing_title: Counties RC 28 May 2014 - R 10 (adjourned hearing heard at Te Rapa on 7 June 2014)

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

COUNTIES RC 28 May 2014 – R 10 (heard at Te Rapa on 7 June 2014)

Informant: Mr A Coles – Stipendiary Steward
Respondent: Mr M Sweeney - Licensed Rider of SIR SUNNY
Information No: A4120
Meeting: Counties RC
Date: 28 May 2014
Rule No: 638(1) (d)
Race: 10
Committee: A Dooley, Chairman - R Seabrook, Committee Member
Plea: Admitted
Person's Present:
Mr J Oatham – Senior Stipendiary Steward on behalf of Mr Coles
Mr M Williamson – Stipendiary Steward

Charge:

This is an adjourned hearing arising from Race 10 at the Counties RC on the 28 May 2014. This hearing took place during the race meeting at Te Rapa on the 7th June 2014.

Following the running of race 10, Brian Roberts Panelbeating & Towing Ltd 1600, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Coles, alleged that Mr Sweeney permitted his mount SIR SUNNY to shift outwards when not clear of GALVANISED (R Hutchings) which was forced out onto THE HAWK (M Cameron) resulting in severe crowding to a number of runners and MY LOCKETT (K Myers) falling near the 500 metres.

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

Mr Sweeney acknowledged that he understood the nature of the charge, the Rule and admitted the breach.

Mr Oatham represented Mr Coles at the hearing.

Mr Williamson demonstrated on the video films at a point near the 650 metres SIR SUNNY racing in a position 4 to 5 horse widths off the inside rail. He said SIR SUNNY was improving to the inside of 7 horses while being ridden forward and on an outward movement. He pointed out SIR SUNNY taking the rightful line of GALVANISED when not the required distance clear. This resulted in GALVANISED being forced out which caused severe crowding to 6 horses on its outside.

Mr Williamson pointed out on the turn tower film that Mr Sweeney had shifted from an original 4 to 5 horse width position to one of 10 horse widths when the incident occurred. He said this meant all the horses racing on the outside of GALVANISED had insufficient room which resulted in MY LOCKETT, who was on the extreme outside of the track running out of room, contacting the running rail, and falling.

Mr Williamson said none of the 8 horses involved leading up to the incident were their own length and another length clear.

Mr Sweeney told the Committee there were mitigating factors surrounding this charge and believed his carelessness was at the lower end. He asked the Committee to focus on the careless riding aspect of the charge and not the fall.

Mr Sweeney said the back-on film showed there was enough room at the 600 metres for 5 or 6 horses. He said soon after this Mr Hutchings, the rider of GALVANISED, called out and he relieved the pressure. Mr Sweeney believed that the configuration of the track did not help as it created a “funnel situation”. He believed Mr Cameron contributed to the incident by riding his mount forward with the whip after he had relieved the pressure. Mr Sweeney was of the view all the other riders were caught out because of the “funnel effect”. He stated that post-race all riders were taken into the Stewards' room where they complained the rail should not have been in the position it was.

In response to questions from the Committee, Mr Williamson said the pattern on the day was for horses to get to the extreme outside of the track but not to the degree of race 10. He advised us it was 15 metres from the inside rail to the outside rail and the distance had not materially changed. He added the outside rail had been in place at Counties for one full racing season.

Mr Oatham was given the opportunity to respond to Mr Sweeney’s evidence surrounding the track configuration. He said the outside rail had been there since the start of last year after complaints were received about the undulation of the track in the home straight. He said the Stewards had safety concerns with the ground where the old steeplechase track was and had unanimous support to install a new outside running rail. He added prior to May 28 incident there had been nothing but positive feedback.

Mr Oatham said there was no intent on Mr Sweeney’s part regarding his carelessness.

Decision:

As Mr Sweeney admitted the breach we find the charge proved.

Submissions For Penalty:

Mr Oatham produced Mr Sweeney’s record which showed 2 previous breaches under this Rule in the last 12 months. He described this as a relatively good record. He submitted it was the policy of Stewards to submit a 4 week suspension when the consequences of the interference involved a fall. Mr Oatham judged the level of carelessness in the low to mid–range and the level of interference at the higher end.

Mr Oatham produced a record which detailed 7 careless riding breaches resulting in falls dating back to 2011. The penalties imposed ranged from 8 days up to 14 days with mitigating and aggravating factors taken into account. He said Mr Sweeney’s breach ranked at the higher end because the interference was severe and it was fortunate only one horse fell. He said Miss Myers was still recovering from the fall. Mr Oatham submitted a 4 week suspension would be an appropriate penalty. He added that if the Committee was to adjust the penalty a 3 week suspension would be the minimum period.

Mr Oatham submitted there needs to be a clear message for riders when there are a number of them going well to get to the outside, the onus rests on riders to be the required distance clear.

Mr Sweeney submitted the configuration of the track was a mitigating factor and this was supported by fellow riders on the day. Mr Sweeney submitted he had a good record, was a fair rider and believed he did not dictate other horses.

Mr Sweeney submitted the level of carelessness was at the low end.

Mr Sweeney advised that he had no upcoming commitments and any proposed suspension could start immediately.

Mr Sweeney submitted that he rode in the South Island. The Committee sought evidence of this from the Stewards. Mr Williamson produced Mr Sweeney's riding record for the last 12 months, this showed no record of him riding there.

The Committee advised Mr Sweeney we would announce the penalty after the last race.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. The JCA Penalty Guide recommends a Judicial Committee should be aware of the need to impose a penalty substantially in excess of the normal starting point of 5 days where aggravating features are present. The non–exhaustive list includes a horse falling/jockey injured.

The mitigating factors are Mr Sweeney’s admission of the breach and his good record under this Rule in the last 12 months.

The aggravating factors are it was clear on all the available films that Mr Sweeney did move out approximately 6 horse widths when cutting the corner. This manoeuvre dictated and compromised the rightful running line of 7 horses on his outside. We are of the view Mr Sweeney failed to exercise the degree of care and attention that a reasonable and prudent rider would exercise in the circumstances. For these reasons we assess the level of carelessness as mid to high range.

The Committee note that there were a total of 8 horses all within one and a half lengths of each other shortly prior to the incident occurring.

The films show that Mr Sweeney continued to shift out when only 3/4 of a length of GALVANISED. This resulted in GALVANISED being dictated out into the rightful running line of THE HAWK who was racing directly on its outside. This movement caused severe crowding and a concertina effect to SILVERADO, REBEL ROSE, LOOK WHOS ASKING, AMBITIOUS HERO and MY LOCKETT. The consequences of this severe crowding was that MY LOCKETT who was racing on the extreme outside of these 7 runners ran out of room resulting in the horse hitting the outside rail and falling dislodging Miss Myers. This interference was at the high end of the scale.

The Committee accepts there was no intent on Mr Sweeney’s part.

The Committee considered Mr Sweeney’s submission regarding Mr Cameron's mount THE HAWK contributing to the incident. While the Committee accepts there was half a horse width gap between GALVANISED and THE HAWK the tightening had already occurred to the other 5 horses on the outside of THE HAWK. Therefore the Committee rejects this submission as a mitigating factor.

In conclusion it was obvious had Mr Sweeney not shifted approximately 6 horse widths, when cutting the corner, the severe crowding to numerous horses would not have occurred. The films showed near the 650 metres all 8 horses had their rightful running line and an unimpeded run.

The Committee were familiar with and considered the 7 cases resulting in falls Mr Oatham provided as a reference to this breach.

Mr Sweeney has no history of riding in the South Island in the last 12 months, therefore these dates are not included in his penalty.

After taking into account all the above factors we consider an appropriate penalty is a 13 day suspension.

Penalty:

Accordingly, we impose a suspension on Mr Sweeney which will commence after racing on June 9 and conclude after racing on June 30 (13 North Island days).

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hearing_type: Old Hearing

Rules: 638(1)(d)

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