Archive Decision

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Counties RC 7 April 2019 – R 3 – Chair, Mr A Dooley

ID: JCA17721

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr M Coleman - Class A Rider

Information Number:
A11268

Hearing Type:
Hearing

New Charge:
Celebratory Gesture

Rules:
638(2)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 7 April 2019

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2019/04/07

Race Number:
R3

Decision:

As Mr Coleman admitted the breach the Committee found the charge proved.

Penalty:

Mr Coleman was fined $150.

Facts:

Following the running of race 3, Ssangyong 1200, an Information was filed pursuant to Rule 638(2). The Informant, Mr Coles, alleged that Mr Coleman made a celebratory gesture prior to the winning post.

Mr Coleman endorsed the Information that he admitted the breach and did not wish to be present at the hearing.

Rule 638(2) provides: A Rider shall not make a celebratory gesture prior to his horse passing the winning post.

Mr Coles demonstrated the incident using the available video footage. He identified that Mr Coleman made a celebratory gesture 3 strides prior to the winning post.

Mr Coles said that during the post-race interview with Mr Coleman he stated that he had never breached this Rule from over 2000 winning rides. He added that Mr Coleman suggested a $75 fine would be appropriate.

Submissions for Penalty:

Mr Coles said that Mr Coleman had a clear record under this Rule. He said the Stewards could understand Mr Coleman’s excitement because this was his first winner since returning to race riding following serious health issues. He submitted that under the circumstances some leniency was warranted and suggested a fine in the vicinity of $100 to $150.

Reasons for Penalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a breach of this Rule is a $300 fine which was adopted.

The Committee found that Mr Coleman made a low range celebratory gesture 3 strides prior to the winning post.

The Committee accepts that this was Mr Coleman’s first winning ride following serious health concerns and we could understand his excitement on this occasion. Precedent cases have resulted in fines ranging from $100 to $500 fines (Group 1). Further mitigating factors were Mr Coleman’s admission of the breach and his clear record under this Rule over many years.

After considering all the circumstances of this particular case we determined that a $150 fine was appropriate.

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: e44698095ca0c5c6492efbd4a3d6925c


informantnumber: A11268


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Celebratory Gesture


plea: admitted


penaltyrequired: 1


decisiondate: 07/04/2019


hearing_title: Counties RC 7 April 2019 - R 3 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 3, Ssangyong 1200, an Information was filed pursuant to Rule 638(2). The Informant, Mr Coles, alleged that Mr Coleman made a celebratory gesture prior to the winning post.

Mr Coleman endorsed the Information that he admitted the breach and did not wish to be present at the hearing.

Rule 638(2) provides: A Rider shall not make a celebratory gesture prior to his horse passing the winning post.

Mr Coles demonstrated the incident using the available video footage. He identified that Mr Coleman made a celebratory gesture 3 strides prior to the winning post.

Mr Coles said that during the post-race interview with Mr Coleman he stated that he had never breached this Rule from over 2000 winning rides. He added that Mr Coleman suggested a $75 fine would be appropriate.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Coleman admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Coles said that Mr Coleman had a clear record under this Rule. He said the Stewards could understand Mr Coleman’s excitement because this was his first winner since returning to race riding following serious health issues. He submitted that under the circumstances some leniency was warranted and suggested a fine in the vicinity of $100 to $150.


reasonsforpenalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a breach of this Rule is a $300 fine which was adopted.

The Committee found that Mr Coleman made a low range celebratory gesture 3 strides prior to the winning post.

The Committee accepts that this was Mr Coleman’s first winning ride following serious health concerns and we could understand his excitement on this occasion. Precedent cases have resulted in fines ranging from $100 to $500 fines (Group 1). Further mitigating factors were Mr Coleman’s admission of the breach and his clear record under this Rule over many years.

After considering all the circumstances of this particular case we determined that a $150 fine was appropriate.


penalty:

Mr Coleman was fined $150.


hearing_type: Hearing


Rules: 638(2)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr M Coleman - Class A Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 36aa1434ee43af43d4df6b1a22882334


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ae7454e5e7e3ab7bb5c67fc25c28990c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/04/2019


meet_title: Counties RC - 7 April 2019


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