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Counties RC 30 November 2011 – R 6

ID: JCA12904

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr L Inness - Licensed Rider

Other Person:
Mr A Coles - Stipendiary Steward, Mr Sweeney - Licensed Rider of ROCHALLEN, Mr A Peard - Assistant Trainer to Mr Wallace

Information Number:
A2123

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Counties RC - 30 November 2011

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2011/11/30

Race Number:
R 6

Decision:

The committee accordingly found the charge of careless riding, proved.

Penalty:

Accordingly we impose a suspension on Mr Innes which will commence after racing on Saturday 3rd December 2011 and conclude after racing on 10th December 2011(5 days).

Charge:

Following race 6 an information was filed pursuant to Rule 638(1) (d). The informant Mr Williamson alleged that Mr Innes permitted his mount CONGER to shift inwards near the 1300 metres when not sufficiently clear of AZINCOURT (S Spratt) which was forced inwards onto SNAVE (J McDonald) which was taken into the line of MY BYRON BAY (C Grylls) which was checked.

Facts:

Mr Coles demonstrated the video films which showed at the 1300 metres CONGER ridden by Mr Innes was racing in a 4 wide position. He pointed out to the committee that when Mr Innes shifts ground he is clearly not the required distance clear. This resulted in 3 horses racing on his inside receiving interference, with BYRON BAY racing adjacent to the rail being sharply checked and losing at least 2 lengths in the incident.

Mr Innes questioned Mr Coles as to whether his horse had its head up in the air at the point of interference. Mr Coles responded by saying his horse did have its head up in the air but that was after the interference had occurred to the runners on his inside.

Mr Innes then said the film showed that he was taking corrective action and directing his horses head away from Miss Spratt’s mount on his inside. Mr Coles said he believed the film showed CONGER’s head to be directed straight ahead.

Mr Innes said that his horse was having it's first start in blinkers and was squeezed at the start. He demonstrated to the committee on the video films that Mr J Castano, an apprentice rider having his first race day ride on TREASURE HUNTER had dictated his running line. The films showed Mr Castano racing in the middle of the track with room for 3 horses to improve on his inside; he said he directed his horse CONGER to race into the gap. Mr Innes said that when he did take a hold of his mount it over reacted and raised it’s head up in the air. He said Mr Sweeney had been yelling at Mr Castano to shift over towards the running rail. In summing up Mr Innes said he believed Mr Castano had dictated his line and he should be given the benefit of doubt.

The hearing was then adjourned to after the last race so Mr Innes could call Mr Sweeney as a witness. Mr Innes then approached the committee to call Mr Peard as a witness.

Mr Sweeney told the committee that he was riding ROCHALLEN who was racing on the outside of Mr Castano’s mount. He said he was yelling at the apprentice to move over towards the running rail as he was inclined to stay out in the centre of the track.

Mr Peard told the committee that Mr Castano works for his employer Mr Wallace. Mr Peard had informed Mr Castano to give other riders room and to stay out of trouble in his first race day ride.

Mr Williamson said in summing up that the committee had heard a lot of evidence. He said that Mr Castano shifted in gradually after the start and was 3 lengths clear of CONGER ridden by Mr Innes at the point of interference. He did not support Mr Innes’s evidence that CONGER was racing ungenerously. He said that Mr Innes was not the required distance clear when shifting ground in. This was supported by the margins that he received from the 3 riders affected from the incident, they ranged from ½ a length to ¾ of a length clear.

Submissions for Decision:

As above.

Reasons for Decision:

The committee carefully considered all the evidence and submissions as presented. Having reviewed the films at length we firmly believe that Mr Innes has erred in shifting ground when only ¾ of a length clear which resulted in three horses racing inside of him being affected. We looked at Mr Innes evidence that Mr Castano had dictated his line however the films clearly did not support this with Mr Castano being 3 lengths clear of Mr Innes.

Submissions for Penalty:

Mr Williamson produced Mr Innes’s record which showed 4 previous suspensions in the last 12 months. He submitted the level of carelessness was mid range.

Mr Innes said that he had firm commitments at Ellerslie on the 3rd December 2011. He requested his suspension to start after racing this Saturday. He confirmed he had spoken to his manager Mr Castles re his riding commitments over the next 7 days. Mr Innes confirmed to the committee he rides as far south as Christchurch.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions as presented. We adopted a starting point of 5 days suspension. We assessed there to be no mitigating factors in this case. The aggravating factors are as follows, Mr Innes' record which can only be described as average, the level of carelessness which we have assessed as mid range because Mr Innes was only ¾ length clear when shifting ground, the interference received by Mr Grylls was significant in that he lost at least 2 lengths. We grant Mr Innes’ submission to seek a deferment to his suspension as per rule 1106.

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: 66d1a56d3fff10fb396b7b5afc5447aa


informantnumber: A2123


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 23/11/2011


hearing_title: Counties RC 30 November 2011 - R 6


charge:

Following race 6 an information was filed pursuant to Rule 638(1) (d). The informant Mr Williamson alleged that Mr Innes permitted his mount CONGER to shift inwards near the 1300 metres when not sufficiently clear of AZINCOURT (S Spratt) which was forced inwards onto SNAVE (J McDonald) which was taken into the line of MY BYRON BAY (C Grylls) which was checked.


facts:

Mr Coles demonstrated the video films which showed at the 1300 metres CONGER ridden by Mr Innes was racing in a 4 wide position. He pointed out to the committee that when Mr Innes shifts ground he is clearly not the required distance clear. This resulted in 3 horses racing on his inside receiving interference, with BYRON BAY racing adjacent to the rail being sharply checked and losing at least 2 lengths in the incident.

Mr Innes questioned Mr Coles as to whether his horse had its head up in the air at the point of interference. Mr Coles responded by saying his horse did have its head up in the air but that was after the interference had occurred to the runners on his inside.

Mr Innes then said the film showed that he was taking corrective action and directing his horses head away from Miss Spratt’s mount on his inside. Mr Coles said he believed the film showed CONGER’s head to be directed straight ahead.

Mr Innes said that his horse was having it's first start in blinkers and was squeezed at the start. He demonstrated to the committee on the video films that Mr J Castano, an apprentice rider having his first race day ride on TREASURE HUNTER had dictated his running line. The films showed Mr Castano racing in the middle of the track with room for 3 horses to improve on his inside; he said he directed his horse CONGER to race into the gap. Mr Innes said that when he did take a hold of his mount it over reacted and raised it’s head up in the air. He said Mr Sweeney had been yelling at Mr Castano to shift over towards the running rail. In summing up Mr Innes said he believed Mr Castano had dictated his line and he should be given the benefit of doubt.

The hearing was then adjourned to after the last race so Mr Innes could call Mr Sweeney as a witness. Mr Innes then approached the committee to call Mr Peard as a witness.

Mr Sweeney told the committee that he was riding ROCHALLEN who was racing on the outside of Mr Castano’s mount. He said he was yelling at the apprentice to move over towards the running rail as he was inclined to stay out in the centre of the track.

Mr Peard told the committee that Mr Castano works for his employer Mr Wallace. Mr Peard had informed Mr Castano to give other riders room and to stay out of trouble in his first race day ride.

Mr Williamson said in summing up that the committee had heard a lot of evidence. He said that Mr Castano shifted in gradually after the start and was 3 lengths clear of CONGER ridden by Mr Innes at the point of interference. He did not support Mr Innes’s evidence that CONGER was racing ungenerously. He said that Mr Innes was not the required distance clear when shifting ground in. This was supported by the margins that he received from the 3 riders affected from the incident, they ranged from ½ a length to ¾ of a length clear.


appealdecision:


isappeal:


submissionsfordecision:

As above.


reasonsfordecision:

The committee carefully considered all the evidence and submissions as presented. Having reviewed the films at length we firmly believe that Mr Innes has erred in shifting ground when only ¾ of a length clear which resulted in three horses racing inside of him being affected. We looked at Mr Innes evidence that Mr Castano had dictated his line however the films clearly did not support this with Mr Castano being 3 lengths clear of Mr Innes.


Decision:

The committee accordingly found the charge of careless riding, proved.


sumissionsforpenalty:

Mr Williamson produced Mr Innes’s record which showed 4 previous suspensions in the last 12 months. He submitted the level of carelessness was mid range.

Mr Innes said that he had firm commitments at Ellerslie on the 3rd December 2011. He requested his suspension to start after racing this Saturday. He confirmed he had spoken to his manager Mr Castles re his riding commitments over the next 7 days. Mr Innes confirmed to the committee he rides as far south as Christchurch.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions as presented. We adopted a starting point of 5 days suspension. We assessed there to be no mitigating factors in this case. The aggravating factors are as follows, Mr Innes' record which can only be described as average, the level of carelessness which we have assessed as mid range because Mr Innes was only ¾ length clear when shifting ground, the interference received by Mr Grylls was significant in that he lost at least 2 lengths. We grant Mr Innes’ submission to seek a deferment to his suspension as per rule 1106.


penalty:

Accordingly we impose a suspension on Mr Innes which will commence after racing on Saturday 3rd December 2011 and conclude after racing on 10th December 2011(5 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr L Inness - Licensed Rider


Otherperson: Mr A Coles - Stipendiary Steward, Mr Sweeney - Licensed Rider of ROCHALLEN, Mr A Peard - Assistant Trainer to Mr Wallace


PersonPresent:


Respondent:


StipendSteward:


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meetdate: 30/11/2011


meet_title: Counties RC - 30 November 2011


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name: Counties RC