Archive Decision

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Counties RC 9 April 2017 – R 4 – Chair, Mr A Dooley

ID: JCA11320

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms H Moki - Apprentice Rider

Other Person:
Mr S Clotworthy - Trainer assisting Ms Moki, Mr B Jones - Stipendiary Steward

Information Number:
A8868

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 9 April 2017

Meet Chair:
ADooley

Meet Committee Member 1:
NMcCutcheon

Race Date:
2017/04/09

Race Number:
R4

Decision:

As Ms Moki admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Ms Moki had her license to ride in races suspended for a period to commence after racing on 9 April and conclude after racing on 21 April 2017 (4 days).

That period of suspension encompasses meetings at

12 April – Rotorua

15 April – Tauranga

17 April – Taupo

21 April – Te Aroha

Facts:

Following the running of race 4, Securi – Com Ltd 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Moki allowed her mount HILARIOUS to shift in passing the 1000 metres when not sufficiently clear of AL PACINO and MARISSA who were both crowded and checked.

Ms Moki acknowledged that she understood the Rule and confirmed her admission of the breach. Mr S Clotworthy assisted Ms Moki at the hearing.

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

Mr Jones demonstrated the incident using the available video footage. He identified that Ms Moki allowed her mount to shift in when no more than 1 length clear. He said this resulted in AL PACINO and MARISSA being crowded and checked near the point of the bend.

Ms Moki stated that she didn’t make a huge effort to correct the inward shift. She added that her mount did race in an erratic manner.

Mr Clotworthy said that Ms Moki was making a comeback to raceday riding after a 1 year absence. He was of the view the 2 riders that were crowded and checked over reacted a touch to the incident.

Submissions for Penalty:

Mr Coles advised that Ms Moki had a clear record from only 5 rides in the last 12 months. He said Ms Moki made an error of judgement in allowing her mount to shift in when not sufficiently clear. He said the level of carelessness was towards the low end and submitted a suspension in line with that be imposed.

Ms Moki advised that she had no engagements in the next 7 days and any proposed suspension could start immediately.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.

The mitigating fact was Ms Moki’s admission of the breach for which she was given credit.

When reviewing the video footage the Committee observed that Ms Moki was only a bare length clear when she allowed her mount to shift in. This resulted in 2 horses being crowded and checked. We deemed the level of carelessness was in the low to mid – range.

After taking into account all factors the Committee considered an appropriate suspension was 4 days.

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: 241958ecd40087c229881ef3a3a72c61


informantnumber: A8868


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 10/04/2017


hearing_title: Counties RC 9 April 2017 - R 4 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 4, Securi – Com Ltd 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Moki allowed her mount HILARIOUS to shift in passing the 1000 metres when not sufficiently clear of AL PACINO and MARISSA who were both crowded and checked.

Ms Moki acknowledged that she understood the Rule and confirmed her admission of the breach. Mr S Clotworthy assisted Ms Moki at the hearing.

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

Mr Jones demonstrated the incident using the available video footage. He identified that Ms Moki allowed her mount to shift in when no more than 1 length clear. He said this resulted in AL PACINO and MARISSA being crowded and checked near the point of the bend.

Ms Moki stated that she didn’t make a huge effort to correct the inward shift. She added that her mount did race in an erratic manner.

Mr Clotworthy said that Ms Moki was making a comeback to raceday riding after a 1 year absence. He was of the view the 2 riders that were crowded and checked over reacted a touch to the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Moki admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Coles advised that Ms Moki had a clear record from only 5 rides in the last 12 months. He said Ms Moki made an error of judgement in allowing her mount to shift in when not sufficiently clear. He said the level of carelessness was towards the low end and submitted a suspension in line with that be imposed.

Ms Moki advised that she had no engagements in the next 7 days and any proposed suspension could start immediately.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.

The mitigating fact was Ms Moki’s admission of the breach for which she was given credit.

When reviewing the video footage the Committee observed that Ms Moki was only a bare length clear when she allowed her mount to shift in. This resulted in 2 horses being crowded and checked. We deemed the level of carelessness was in the low to mid – range.

After taking into account all factors the Committee considered an appropriate suspension was 4 days.


penalty:

Accordingly, Ms Moki had her license to ride in races suspended for a period to commence after racing on 9 April and conclude after racing on 21 April 2017 (4 days).

That period of suspension encompasses meetings at

12 April – Rotorua

15 April – Tauranga

17 April – Taupo

21 April – Te Aroha


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms H Moki - Apprentice Rider


Otherperson: Mr S Clotworthy - Trainer assisting Ms Moki, Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3045b1a57aef48cc515221e26f9d9b36


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7430ea0ab4f353216a2a7eb457250cc3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/04/2017


meet_title: Counties RC - 9 April 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: NMcCutcheon


meet_pm2: none


name: Counties RC