Hawkes Bay RI 1 January 2017 – R 3 – Chair, Mr T Utikere
ID: JCA12543
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 1 January 2017
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Race Date:
2017/01/01
Race Number:
R3
Decision:
As the charge was admitted, the Committee found the charge proved.
Penalty:
Mr Turner's licence is suspended from the close of racing on Saturday 7 January 2017, up to and including racing on Saturday 28 January 2017. This period of suspension incorporates the Wanganui (12th), Wellington (14th), Wellington (21st), Woodville (23rd) and Wellington (28th) meetings.
ADDENDUM
Subsequent to the issue of this decision Mr Neill contacted the JCA requesting that the date on which Mr Turner's suspension commenced be amended. The reason for this amendment was that Mr Neill had recently taken over as Mr Turner's Agent and was not fully conversant with upcoming engagements. He sought the period of suspension to commence after racing at Otaki on 4 January. The RIU has advised this Committee that they do not have any objections to this amendment.
In light of this, the Committee accepts that it was likely he felt ill-prepared to make adequate and well-considered submissions at the time.
Mr Turner's suspension will be amended as follows:
Mr Turner's licence is suspended from the close of racing on Wednesday 4 January 2017, up to and including racing on Monday 23 January 2017. This period of suspension incorporates the Marton (7th), Wanganui (12th), Wellington (14th), Wellington (21st) and Woodville (23rd) meetings.
Facts:
Following the running of Race 3 (Best Travel 3YO Maiden 1200m), Information A7304 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) and stated that "Dylan Turner (DEB) allowed his mount to shift in approaching the 1000 metres when not clear of AILEEN GRACE (V Gatu) which clipped a heel and CHOUXPERB (T Johnson) which checked".
Mr Turner confirmed that he understood the rule, and that he admitted the breach.
Using the head-on, side-on and turn films, Stipendiary Steward, Neil Goodwin identified ROLL THE GOLD (E Farr) racing closest to the rail, with CHOUXPERB (T Johnson) to its outside and AILEEN GRACE (V Gatu) to his outside. All of those runners were racing to the inside of DEB (D Turner). Approaching the 1000m, Mr Turner was observed to move across closer to the running rail and in doing so, applied pressure on to Ms Gatu’s mount, which in turn tightened Mr Johnson. Mr Turner’s action of angling his mount inwards had a concertina effect upon those horses racing to his inside. He had predominantly moved into the line of Ms Gatu who, as a result, had clipped heels and blundered. There was secondary tightening to Mr Johnson who was required to take a sharp hold of his mount as a result.
With reference to the incident, Mr Turner stated that the side-on view had clearly shown that he had simply crossed too quickly on this occasion, and had applied some pressure, mainly onto Ms Gatu. He did concede that Mr Johnson was also inconvenienced as a result.
Submissions for Penalty:
In presenting Mr Turner’s record, Stipendiary Steward, Mr Jones identified one previous breach of the rule; at the Auckland Racing Club's meeting on 12 March 2016 for which he received a 6 day suspension. He submitted that Mr Turner had a good record for someone with his number of rides per season. He believed the level of carelessness fell at the mid to high range as Ms Gatu had almost been dislodged.
Mr Turner submitted that he had a very good record and that his only breach of the rule was last year in a Group 1 race. He also advised the Committee that he had recently engaged an agent, Andre Neill, and that he had not spoken to him about his upcoming commitments. The Committee was aware that Mr Neill was on course and adjourned the hearing to allow Mr Turner the opportunity to speak with him about his upcoming engagements. The Committee also advised Mr Jones that it would be expecting him to provide Mr Turner’s riding history in relation to when he last rode at northern meetings.
When the hearing resumed, Mr Jones informed the committee that Mr Turner had previously ridden at Waikato on 16 July, Te Aroha on 24 July and Taupo on 19 August 2016. Mr Neill was also present and advised that Mr Turner was predominantly a Central Districts rider and that the period of suspension could commence after racing on Saturday 7 January.
Reasons for Penalty:
The Committee considered all of the submissions placed before it and determined that a period of suspension was appropriate; adopting a five day starting point. We assessed the level of carelessness to be placed at the mid-range. It is clear from the head-on and side-on films that Mr Turner moved across soon after dispatch when not the required distance clear. This had a significant consequence for Ms Gatu, who clipped heels and was almost dislodged. There was also some supplementary impact on Mr Johnson who was required to take a hold of his horse. In our view, this results in an uplift of 1 day. In mitigation we applied Mr Turner's good record for a busy rider and his early admission of the breach. We are prepared to afford Mr Turner a discount of 1 day in mitigation. When looking at upcoming race meetings, we do not consider that Mr Turner has recent riding history outside of the Central Districts. Now that he has engaged a Riding Agent, this may be to his advantage and may change; but based on the current evidence placed before the committee, he will be treated as a Central Districts rider.
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: 6a96394c601171fd43045acd54cc5079
informantnumber: A7304
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 04/01/2017
hearing_title: Hawkes Bay RI 1 January 2017 - R 3 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 3 (Best Travel 3YO Maiden 1200m), Information A7304 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) and stated that "Dylan Turner (DEB) allowed his mount to shift in approaching the 1000 metres when not clear of AILEEN GRACE (V Gatu) which clipped a heel and CHOUXPERB (T Johnson) which checked".
Mr Turner confirmed that he understood the rule, and that he admitted the breach.
Using the head-on, side-on and turn films, Stipendiary Steward, Neil Goodwin identified ROLL THE GOLD (E Farr) racing closest to the rail, with CHOUXPERB (T Johnson) to its outside and AILEEN GRACE (V Gatu) to his outside. All of those runners were racing to the inside of DEB (D Turner). Approaching the 1000m, Mr Turner was observed to move across closer to the running rail and in doing so, applied pressure on to Ms Gatu’s mount, which in turn tightened Mr Johnson. Mr Turner’s action of angling his mount inwards had a concertina effect upon those horses racing to his inside. He had predominantly moved into the line of Ms Gatu who, as a result, had clipped heels and blundered. There was secondary tightening to Mr Johnson who was required to take a sharp hold of his mount as a result.
With reference to the incident, Mr Turner stated that the side-on view had clearly shown that he had simply crossed too quickly on this occasion, and had applied some pressure, mainly onto Ms Gatu. He did concede that Mr Johnson was also inconvenienced as a result.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee found the charge proved.
sumissionsforpenalty:
In presenting Mr Turner’s record, Stipendiary Steward, Mr Jones identified one previous breach of the rule; at the Auckland Racing Club's meeting on 12 March 2016 for which he received a 6 day suspension. He submitted that Mr Turner had a good record for someone with his number of rides per season. He believed the level of carelessness fell at the mid to high range as Ms Gatu had almost been dislodged.
Mr Turner submitted that he had a very good record and that his only breach of the rule was last year in a Group 1 race. He also advised the Committee that he had recently engaged an agent, Andre Neill, and that he had not spoken to him about his upcoming commitments. The Committee was aware that Mr Neill was on course and adjourned the hearing to allow Mr Turner the opportunity to speak with him about his upcoming engagements. The Committee also advised Mr Jones that it would be expecting him to provide Mr Turner’s riding history in relation to when he last rode at northern meetings.
When the hearing resumed, Mr Jones informed the committee that Mr Turner had previously ridden at Waikato on 16 July, Te Aroha on 24 July and Taupo on 19 August 2016. Mr Neill was also present and advised that Mr Turner was predominantly a Central Districts rider and that the period of suspension could commence after racing on Saturday 7 January.
reasonsforpenalty:
The Committee considered all of the submissions placed before it and determined that a period of suspension was appropriate; adopting a five day starting point. We assessed the level of carelessness to be placed at the mid-range. It is clear from the head-on and side-on films that Mr Turner moved across soon after dispatch when not the required distance clear. This had a significant consequence for Ms Gatu, who clipped heels and was almost dislodged. There was also some supplementary impact on Mr Johnson who was required to take a hold of his horse. In our view, this results in an uplift of 1 day. In mitigation we applied Mr Turner's good record for a busy rider and his early admission of the breach. We are prepared to afford Mr Turner a discount of 1 day in mitigation. When looking at upcoming race meetings, we do not consider that Mr Turner has recent riding history outside of the Central Districts. Now that he has engaged a Riding Agent, this may be to his advantage and may change; but based on the current evidence placed before the committee, he will be treated as a Central Districts rider.
penalty:
Mr Turner's licence is suspended from the close of racing on Saturday 7 January 2017, up to and including racing on Saturday 28 January 2017. This period of suspension incorporates the Wanganui (12th), Wellington (14th), Wellington (21st), Woodville (23rd) and Wellington (28th) meetings.
ADDENDUM
Subsequent to the issue of this decision Mr Neill contacted the JCA requesting that the date on which Mr Turner's suspension commenced be amended. The reason for this amendment was that Mr Neill had recently taken over as Mr Turner's Agent and was not fully conversant with upcoming engagements. He sought the period of suspension to commence after racing at Otaki on 4 January. The RIU has advised this Committee that they do not have any objections to this amendment.
In light of this, the Committee accepts that it was likely he felt ill-prepared to make adequate and well-considered submissions at the time.
Mr Turner's suspension will be amended as follows:
Mr Turner's licence is suspended from the close of racing on Wednesday 4 January 2017, up to and including racing on Monday 23 January 2017. This period of suspension incorporates the Marton (7th), Wanganui (12th), Wellington (14th), Wellington (21st) and Woodville (23rd) meetings.
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr D Turner - Licensed Jockey
Otherperson: Mr N Goodwin - Stipendiary Steward, Mr A Neill - Agent for Mr Turner
PersonPresent:
Respondent:
StipendSteward:
raceid: ea29de40330bca3739b2b7c1d5a21b9a
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
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meetdate: 01/01/2017
meet_title: Hawkes Bay RI - 1 January 2017
meet_expappcomment:
meet_km:
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tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: NMoffatt
meet_pm2: none
name: Hawkes Bay RI