Egmont RC 11 March 2017 – R 6 – Chair, Mr T Utikere
ID: JCA15480
Code:
Thoroughbred
Meet Title:
Egmont RC - 11 March 2017
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Race Date:
2017/03/11
Race Number:
R6
Decision:
As the charge was admitted, the committee deemed the charge proved.
Penalty:
Apprentice Chan is suspended from the close of racing on Saturday 11 March until the close of racing on Thursday 30 March. This incorporates the Wellington (18th), Waipukurau (23rd), Masterton (26th) and Wanganui (30th) meetings.
Facts:
Following the running of Race 6 (STORAGE & EQUIPMENT HIRE 2100), Information A8755 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) and stated that: "Alfred Chan (SAKURA) was careless in that he steadied his mount abruptly on reaching the lead resulting in KING OF STING, ANGEL IN BLUEJEANS both having to steady and GO TO MAN clipping a heel".
Rule 638(1) states: "A rider shall not ride a horse in a manner which the judicial committee considers to be...(d) careless."
Mr Chan confirmed that he understood the rule and that he admitted the breach. He confirmed that his employer Mr A Sharrock was aware of the charge. Mr Chan also confirmed that he had been able to take advice from Mr Kane Sharrock and that he was comfortable for the hearing to proceed.
Mr Chan was assisted by Mr Kane Sharrock, who initially confirmed he was a licensed person. During the course of the hearing, Mr K Sharrock was asked to confirm what classification of licence he held in New Zealand. He at that point advised that he currently had not renewed here, and that he needed to get the paperwork. Mr Goodwin stated that he was the trainer's son, and that he must have had a licence, otherwise he would not be able to have anything to do with horses in the stabling area. After a further question from the committee, Mr K Sharrock advised that he had a current Stablehand Licence, and the committee proceeded on that basis.
All available films were presented to the hearing. Using the side-on film, Mr Balcombe identified SAKURA (A Chan) racing towards the rear of the field as runners entered the back straight. He also identified KING OF STING (C Perrett), ANGEL ON BLUEJEANS (J Riddell) and GO TO MAN (C Johnson). Mr Goodwin believed SAKURA was overacing, and as a result Mr Chan decided to angle his mount outwards. At the 1300m, Mr Chan had allowed his horse to head towards the lead and in doing so had been clear of other runners causing no interference at that point. Mr Goodwin observed that upon realising the lead, Mr Chan had crossed towards the running rail and was still riding with vigour passing the 1000m, with KING OF STING positioned to his inside. The stewards had no issues with Mr Chan crossing towards the rail as he was the required distance clear to do so. Once Mr Chan had taken the lead, Mr Goodwin used the film to demonstrate that Mr Chan had taken two sharp holds, and it was this action that the stewards labelled as careless as the sudden holds taken by him were disruptive, "unnecessary and excessive". As a result, Mr Perrett who was positioned on SAKURA's heels, had no other option but to take evasive action, which had a consequential impact on Mr Riddell and Mr Johnson; with the latter's mount clipping a heel and blundering. Mr Goodwin stated that the suddenness of Mr Chan's actions had caused a concertina effect and that his actions were thus considered careless by the stewards.
Mr Chan told the Committee that his horse was pulling and under some pressure at this stage of the race. He also advised that his horse was on the bridle at about the 800m mark. His initial instructions had been to race handy, but he had got back and with the slow pace, at the 1300m he had decided to go to the lead. When he got there, he had come across and was clear in doing so. Mr Turner (OUTOFTIME) had sat beside him and as his horse was pulling, Mr Chan decided to take a hold. He described his ride as one that was not very comfortable.
Mr Goodwin reiterated the Stewards' belief that this was not a deliberate action but a misjudgement due to Mr Chan's inexperience, who had been an apprentice since August 2015.
Submissions for Penalty:
In presenting Mr Chan's record, Mr Goodwin identified three previous breaches (10 December 2016 at Awapuni, 6 days; 3 September 2016 at Wanganui, 4 days; 17 July 2016 at Oamaru, 2 days). In light of this, he submitted that Mr Chan's record was not a good one. He submitted that a term of suspension was appropriate and that the circumstances that led to this charge were unusual. Mr Goodwin stated that this had occurred in races previously, but that this was the first time circumstances surrounding the nature of this incident had led to a charge of careless riding being placed before a judicial committee. In response to a question from the committee, he advised that the difference was that in previous incidents of a similar nature, stewards had decided not to file an Information that alleged a breach of careless riding with the judicial committee. Mr Goodwin placed the level of carelessness at the mid-range as the severity of the restraint taken by Mr Chan had an impact upon Mr Perrett and Mr Riddell and that ultimately Mr Johnson's mount had clipped a heel. With reference to the comments of those riders regarding this incident, whom he had spoken with, Mr Goodwin explained that they had responded that the film spoke for itself.
Mr Chan had no Submissions on Penalty, except to state that any period of suspension could commence immediately.
Mr Sharrock reinforced that Mr Chan's actions were not intentional, and concurred that Mr Chan's record was not a good one.
Reasons for Penalty:
The committee considered all of the submissions placed before it. We considered a period of suspension as appropriate and adopted the JCA Penalty Guidelines starting point of five days. It is clear upon our review of the films that Mr Chan has made an error of judgement on this occasion. While the pace may have been a tad too slow for his liking, he was entitled to progress forward and move closer towards the running rail. He was the required distance clear when doing this. What he was not permitted to do, was to effectively restrain his horse in such a way that caused consequences to at least three other runners, one of which (GO TO MAN), clipped heels as a result. We do not consider that the racing manners of OUTOFTIME (D Turner) had any impact on the decision taken by Mr Chan to abruptly restrain his mount. Mr Chan has three breaches of this rule within the previous 12 month period. Accordingly, it has been suggested that Mr Chan's record is not good. We do not adopt that view. His previous breaches have been for crossing when not sufficiently clear, which is much different to the incident currently before us. In fact, it has been suggested that this is the first time that a rider has been charged with careless riding in the context of the current charge. As such, we consider Mr Chan's record as a neutral factor. After applying his admission of the breach in mitigation, we consider a four day period of suspension is 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: 995d69e5a3b2a37c4b386a386e007d0f
informantnumber: A8755
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 12/03/2017
hearing_title: Egmont RC 11 March 2017 - R 6 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 6 (STORAGE & EQUIPMENT HIRE 2100), Information A8755 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) and stated that: "Alfred Chan (SAKURA) was careless in that he steadied his mount abruptly on reaching the lead resulting in KING OF STING, ANGEL IN BLUEJEANS both having to steady and GO TO MAN clipping a heel".
Rule 638(1) states: "A rider shall not ride a horse in a manner which the judicial committee considers to be...(d) careless."
Mr Chan confirmed that he understood the rule and that he admitted the breach. He confirmed that his employer Mr A Sharrock was aware of the charge. Mr Chan also confirmed that he had been able to take advice from Mr Kane Sharrock and that he was comfortable for the hearing to proceed.
Mr Chan was assisted by Mr Kane Sharrock, who initially confirmed he was a licensed person. During the course of the hearing, Mr K Sharrock was asked to confirm what classification of licence he held in New Zealand. He at that point advised that he currently had not renewed here, and that he needed to get the paperwork. Mr Goodwin stated that he was the trainer's son, and that he must have had a licence, otherwise he would not be able to have anything to do with horses in the stabling area. After a further question from the committee, Mr K Sharrock advised that he had a current Stablehand Licence, and the committee proceeded on that basis.
All available films were presented to the hearing. Using the side-on film, Mr Balcombe identified SAKURA (A Chan) racing towards the rear of the field as runners entered the back straight. He also identified KING OF STING (C Perrett), ANGEL ON BLUEJEANS (J Riddell) and GO TO MAN (C Johnson). Mr Goodwin believed SAKURA was overacing, and as a result Mr Chan decided to angle his mount outwards. At the 1300m, Mr Chan had allowed his horse to head towards the lead and in doing so had been clear of other runners causing no interference at that point. Mr Goodwin observed that upon realising the lead, Mr Chan had crossed towards the running rail and was still riding with vigour passing the 1000m, with KING OF STING positioned to his inside. The stewards had no issues with Mr Chan crossing towards the rail as he was the required distance clear to do so. Once Mr Chan had taken the lead, Mr Goodwin used the film to demonstrate that Mr Chan had taken two sharp holds, and it was this action that the stewards labelled as careless as the sudden holds taken by him were disruptive, "unnecessary and excessive". As a result, Mr Perrett who was positioned on SAKURA's heels, had no other option but to take evasive action, which had a consequential impact on Mr Riddell and Mr Johnson; with the latter's mount clipping a heel and blundering. Mr Goodwin stated that the suddenness of Mr Chan's actions had caused a concertina effect and that his actions were thus considered careless by the stewards.
Mr Chan told the Committee that his horse was pulling and under some pressure at this stage of the race. He also advised that his horse was on the bridle at about the 800m mark. His initial instructions had been to race handy, but he had got back and with the slow pace, at the 1300m he had decided to go to the lead. When he got there, he had come across and was clear in doing so. Mr Turner (OUTOFTIME) had sat beside him and as his horse was pulling, Mr Chan decided to take a hold. He described his ride as one that was not very comfortable.
Mr Goodwin reiterated the Stewards' belief that this was not a deliberate action but a misjudgement due to Mr Chan's inexperience, who had been an apprentice since August 2015.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee deemed the charge proved.
sumissionsforpenalty:
In presenting Mr Chan's record, Mr Goodwin identified three previous breaches (10 December 2016 at Awapuni, 6 days; 3 September 2016 at Wanganui, 4 days; 17 July 2016 at Oamaru, 2 days). In light of this, he submitted that Mr Chan's record was not a good one. He submitted that a term of suspension was appropriate and that the circumstances that led to this charge were unusual. Mr Goodwin stated that this had occurred in races previously, but that this was the first time circumstances surrounding the nature of this incident had led to a charge of careless riding being placed before a judicial committee. In response to a question from the committee, he advised that the difference was that in previous incidents of a similar nature, stewards had decided not to file an Information that alleged a breach of careless riding with the judicial committee. Mr Goodwin placed the level of carelessness at the mid-range as the severity of the restraint taken by Mr Chan had an impact upon Mr Perrett and Mr Riddell and that ultimately Mr Johnson's mount had clipped a heel. With reference to the comments of those riders regarding this incident, whom he had spoken with, Mr Goodwin explained that they had responded that the film spoke for itself.
Mr Chan had no Submissions on Penalty, except to state that any period of suspension could commence immediately.
Mr Sharrock reinforced that Mr Chan's actions were not intentional, and concurred that Mr Chan's record was not a good one.
reasonsforpenalty:
The committee considered all of the submissions placed before it. We considered a period of suspension as appropriate and adopted the JCA Penalty Guidelines starting point of five days. It is clear upon our review of the films that Mr Chan has made an error of judgement on this occasion. While the pace may have been a tad too slow for his liking, he was entitled to progress forward and move closer towards the running rail. He was the required distance clear when doing this. What he was not permitted to do, was to effectively restrain his horse in such a way that caused consequences to at least three other runners, one of which (GO TO MAN), clipped heels as a result. We do not consider that the racing manners of OUTOFTIME (D Turner) had any impact on the decision taken by Mr Chan to abruptly restrain his mount. Mr Chan has three breaches of this rule within the previous 12 month period. Accordingly, it has been suggested that Mr Chan's record is not good. We do not adopt that view. His previous breaches have been for crossing when not sufficiently clear, which is much different to the incident currently before us. In fact, it has been suggested that this is the first time that a rider has been charged with careless riding in the context of the current charge. As such, we consider Mr Chan's record as a neutral factor. After applying his admission of the breach in mitigation, we consider a four day period of suspension is appropriate.
penalty:
Apprentice Chan is suspended from the close of racing on Saturday 11 March until the close of racing on Thursday 30 March. This incorporates the Wellington (18th), Waipukurau (23rd), Masterton (26th) and Wanganui (30th) meetings.
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: Mr N Goodwin - Sitpendiary Steward
JockeysandTrainer: Mr A Chan - Apprentice Jockey
Otherperson: Mr D Balcombe - Stipendiary Steward, Mr K Sharrock - Stablehand
PersonPresent:
Respondent:
StipendSteward:
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