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Dargaville RC 14 November 2014 – R 6

ID: JCA17436

Applicant:
A Coles-Stipendiary Steward

Respondent(s):
Ms R Smyth - Licensed Apprentice Rider

Other Person:
Mr J Oatham - Stipendiary Steward, Mr Bishara-Licensed trainer assisting Ms Smyth

Information Number:
A4360

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Dargaville RC - 14 November 2014

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2014/11/14

Race Number:
R6

Decision:

As Ms Smyth has admitted this breach the Committee finds the charge proved.

Penalty:

Accordingly the Committee imposes a suspension on Ms Smyth which will commence after racing on 15 November and conclude after racing on 27 November 2014.

The meetings involved in this suspension are:

Woodville         19 November

New Plymouth  21 November

Counties          22 November

Te Rapa           23 November

Te Aroha         26 November

Te Awamutu    27 November

Facts:

Following the running of Race 6, the CITY OF AUCKLAND SUPPORTERS GROUP MAIDEN 3YO 1200, an Information was lodged by Stipendiary Steward Mr A Coles alleging that Apprentice Rider Ms Smyth permitted her mount GIANT TURTLE to shift inwards passing the 300 metres when not sufficiently clear of MERITAGGIO which was checked making contact with CODE OF SILENCE.

Ms Smyth was assisted at the hearing by Licensed Trainer Mr N Bishara. She acknowledged that she understood the nature of the charge and the Rule and confirmed that she admitted the breach.

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

Mr Oatham identified the horses GIANT TURTLE and MERITAGGIO on the head on film. As the horses passed the 300 metre mark he pointed out that GIANT TURTLE, ridden by Ms Smyth, shifted outwards towards MERITAGGIO ridden by Ms S Collett. At the time GIANT TURTLE was barely a length clear of MERITAGGIO and GIANT TURTLE'S outwards movement caused a reasonably severe check to MERITAGGIO. As a result of being checked MERITAGGIO made contact with CODE OF SILENCE ridden by Ms A Schwerin. Mr Oatham used the side on film to demonstrate further that Ms Collett had to take a firm hold of her mount to avoid the heels of GIANT TURTLE.

Ms Smyth stated that her mount GIANT TURTLE was having its first raceday start and was racing 'greenly'. She added that another runner had rolled in slightly towards her and she had allowed her horse to shift out without being aware that MERITAGGIO was as close as it was.

Mr Bishara stated that he did not believe Ms Smyth's actions had been in any way deliberate.

Submissions for Penalty:

Mr Coles produced Ms Smyth's riding record. He stated that she had had 5 previous breaches of this Rule within the past 12 months, the most recent at Te Aroha on 22 October when she had been suspended for 6 days. He added that she was a busy rider and in the Stewards' opinion her record was a fair one. He said that Ms Smyth had put Ms Collett in an awkward position, and that the Stewards considered the level of carelessness to be mid-range. Mr Coles submitted that a period of suspension was called for and that the Stewards felt that a penalty of 5 or 6 days would be required.

Ms Smyth stated that she rode extensively in the North Island and that any suspension could commence after racing at Tauranga on 15 November.

Reasons for Penalty:

The Committee adopted a starting point of 5 days suspension when considering an appropriate penalty. In Ms Smyth's favour is that she had made an admission of the breach.  Balancing that is Ms Smyth's record of breaches of this Rule within the past 12 months. The Committee believe that 5 breaches of this Rule constitutes a poor record. Ms Smyth has been suspended for periods of between 4 days and 7 days for these breaches. It is of concern to this Committee that Ms Smyth's last period of suspension for a breach of this Rule was only 3 weeks ago. We accepted that the level of severity was in the mid range, and that Ms Smyth could be considered a North Island rider. Balancing these factors we believe an appropriate penalty today is a 6 day suspension.

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: e33aa42f4162926f848eddfe090abd6b


informantnumber: A4360


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 12/11/2014


hearing_title: Dargaville RC 14 November 2014 - R 6


charge:


facts:

Following the running of Race 6, the CITY OF AUCKLAND SUPPORTERS GROUP MAIDEN 3YO 1200, an Information was lodged by Stipendiary Steward Mr A Coles alleging that Apprentice Rider Ms Smyth permitted her mount GIANT TURTLE to shift inwards passing the 300 metres when not sufficiently clear of MERITAGGIO which was checked making contact with CODE OF SILENCE.

Ms Smyth was assisted at the hearing by Licensed Trainer Mr N Bishara. She acknowledged that she understood the nature of the charge and the Rule and confirmed that she admitted the breach.

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

Mr Oatham identified the horses GIANT TURTLE and MERITAGGIO on the head on film. As the horses passed the 300 metre mark he pointed out that GIANT TURTLE, ridden by Ms Smyth, shifted outwards towards MERITAGGIO ridden by Ms S Collett. At the time GIANT TURTLE was barely a length clear of MERITAGGIO and GIANT TURTLE'S outwards movement caused a reasonably severe check to MERITAGGIO. As a result of being checked MERITAGGIO made contact with CODE OF SILENCE ridden by Ms A Schwerin. Mr Oatham used the side on film to demonstrate further that Ms Collett had to take a firm hold of her mount to avoid the heels of GIANT TURTLE.

Ms Smyth stated that her mount GIANT TURTLE was having its first raceday start and was racing 'greenly'. She added that another runner had rolled in slightly towards her and she had allowed her horse to shift out without being aware that MERITAGGIO was as close as it was.

Mr Bishara stated that he did not believe Ms Smyth's actions had been in any way deliberate.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Smyth has admitted this breach the Committee finds the charge proved.


sumissionsforpenalty:

Mr Coles produced Ms Smyth's riding record. He stated that she had had 5 previous breaches of this Rule within the past 12 months, the most recent at Te Aroha on 22 October when she had been suspended for 6 days. He added that she was a busy rider and in the Stewards' opinion her record was a fair one. He said that Ms Smyth had put Ms Collett in an awkward position, and that the Stewards considered the level of carelessness to be mid-range. Mr Coles submitted that a period of suspension was called for and that the Stewards felt that a penalty of 5 or 6 days would be required.

Ms Smyth stated that she rode extensively in the North Island and that any suspension could commence after racing at Tauranga on 15 November.


reasonsforpenalty:

The Committee adopted a starting point of 5 days suspension when considering an appropriate penalty. In Ms Smyth's favour is that she had made an admission of the breach.  Balancing that is Ms Smyth's record of breaches of this Rule within the past 12 months. The Committee believe that 5 breaches of this Rule constitutes a poor record. Ms Smyth has been suspended for periods of between 4 days and 7 days for these breaches. It is of concern to this Committee that Ms Smyth's last period of suspension for a breach of this Rule was only 3 weeks ago. We accepted that the level of severity was in the mid range, and that Ms Smyth could be considered a North Island rider. Balancing these factors we believe an appropriate penalty today is a 6 day suspension.


penalty:

Accordingly the Committee imposes a suspension on Ms Smyth which will commence after racing on 15 November and conclude after racing on 27 November 2014.

The meetings involved in this suspension are:

Woodville         19 November

New Plymouth  21 November

Counties          22 November

Te Rapa           23 November

Te Aroha         26 November

Te Awamutu    27 November


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: A Coles-Stipendiary Steward


JockeysandTrainer: Ms R Smyth - Licensed Apprentice Rider


Otherperson: Mr J Oatham - Stipendiary Steward, Mr Bishara-Licensed trainer assisting Ms Smyth


PersonPresent:


Respondent:


StipendSteward:


raceid: f4e0d288dbaf6f9138a7c307484471c0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 97e398fda084fbf91833e435c1e35892


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/11/2014


meet_title: Dargaville RC - 14 November 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: dargaville-rc


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Dargaville RC