Dargaville RC 11 November 2011 – R 9 (heard at Tauranga on 12 November 2011)

hearingid: bda4a2e3e8194b4ad51de7c4e33a678a

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hearing_racingtype: thoroughbred-racing

startdate: 11/11/2011

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hearing_title: Dargaville RC 11 November 2011 - R 9 (heard at Tauranga on 12 November 2011)

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr M Williamson - Stipendiary Steward
Defendant: Miss M Vance - Rider of APATCHEE TUTE
Information No: 2119
Meeting: Dargaville Racing Club
Date: 11th November 2011(heard at Tauranga on 12 November 2011)
Venue: Dargaville
Race: 9
Rule No: 638(1) (d)
Judicial Committee: R Seabrook, Chairman – A Godsalve, Committee Member
Plea: Admitted
Also Present: Mr A Scott, representing Miss M Vance, Mr J Oatham, Stipendiary Steward.

CHARGES:
Careless Riding

FACTS:
This is an adjourned enquiry arising from the Dargaville meeting on the 11th November. This was due to time constraints and travel commitments.

Following Race 9 an information was filed pursuant to rule 638 (1) (d). The informant Mr M Williamson alleged that Miss M Vance being the rider of APATCHEE TUTE permitted her mount to shift inwards near the 300 metres when not sufficiently clear of SIMPLY IRRESISTIBLE (M Cameron) which was checked.

SUBMISSION(s):
Mr Oatham demonstrated the video films and pointed out to the committee APATCHEE TUTE racing in a 3 wide position turning for home. It was clear on the films that shortly after straightening Miss Vance directed her mount towards the running rail. In doing so she was not the required distance clear of SIMPLY IRRESISTIBLE which had to be checked by its rider Mr M Cameron. Mr Oatham said Miss Vance was a bare length clear when moving in and said that Mr Cameron who finished 3rd lodged a protest against Miss Vance who had finished 2nd. The margin between 2nd and 3rd was ½ a head and the protest was upheld.

Miss Vance in admitting the breach said her mount overreacted when she asked it to ease over to the rail. She believed the check received by Mr Cameron was at the low end of the scale because he only stopped riding for a few strides.

Mr Scott concurred with Miss Vance saying the breach was at the low end.

DECISION:
As the breach was admitted we find the charge proven.

SUBMISSION(s) ON PENALTY:
Mr Williamson said Miss Vance had incurred 2 suspensions in the last 12 months and submitted the penalty should be in the mid range.

Miss Vance said she had commitments up to and including 17 November. She also said she had unconfirmed rides in Timaru on 24 November which she intended to honour.

REASON(s):
The committee carefully considered all the evidence and submissions as presented. In Miss Vance’s favour are her admission of the breach and her good record. However the aggravating factors include the check received by Mr Cameron caused by Miss Vance taking his line when insufficiently clear. The committee has also considered that this check may well have cost Mr Cameron the chance of winning the race as well as the connections of APATCHEE TUTE incurring losses resulting from the protest being upheld.

PENALTY:
After taking all the above into account the committee has determined a 5 day suspension appropriate. When questioning Miss Vance as to where she normally rides she confirmed she had not ridden in the South Island since last year. As the Timaru meeting is well outside the 7 day deferral rule and she had no firm engagements at that meeting the committee has disregarded that day. Accordingly and under the provisions of rule 1106 we impose a suspension on Miss Vance from riding in races which is to start after racing on 17 November and conclude after racing on 25 November (5 riding days).

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hearing_type: Old Hearing

Rules: 638(1)(d)

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