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Hawke’s Bay RI 15 January 2012 – R 6

ID: JCA16403

Applicant:
Mr R Neal - Stipendiary Steward

Respondent(s):
D Nolan - Licensed Jockey

Other Person:
Mr N Goodwin - Stipendiary Steward

Information Number:
A3464

Hearing Type:
Hearing

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 15 January 2012

Meet Chair:
TUtikere

Meet Committee Member 1:
PWilliams

Race Date:
2012/01/15

Race Number:
Race 6

Decision:

As the charge was admitted it was found to be proved.

Penalty:

Mr Nolan’s licence to ride will be suspended from the conclusion of racing on Saturday 21 January 2012 until the conclusion of racing on Sunday 29 January 2012. This is a total of five (5) days. This incorporates the Wellington (23rd), Hawke’s Bay (25th), Rotorua (27th), Wellington (28th) and Auckland (29th) meetings.

Charge:

Following Race 6, Licensed Jockey D Nolan was charged with careless riding under Rule 638(1)(d). The information stated ”D Nolan (HACKENSACK) allowed his mount to shift in near the 800m resulting in a check to CLAN O’CEIRAN (R Jones).”

Rule 638(1)(d) states:

 “A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”

Facts:

Mr Nolan indicated to the committee that he understood Rule 638 (1)(d), and that he admitted the breach.

Using the head-on and side-on films, Mr Goodwin identified the runners concerned: HACKENSACK (D Nolan), DASHING DOTTIE (K Myers), FALZANO (L Allpress) and CLAN O’CEIRIN (R Jones).  He indicated that Mr Nolan was placed five (5) – six (6) horse widths off the rail, and that it was apparent that he wanted to get closer to the rail as the film clearly showed him looking over his shoulder on at least two (2) occasions. He then allowed his mount to shift in, causing tightening to the runners on his inside: DASHING DOTTIE, FALZANO AND CLAN O’CEIRIN. As a result of the tightening, Mr Jones ran out of room and had to check his mount. This resulted in CLAN O’CEIRIN moving out onto other runners.
Mr Goodwin pointed out that while there had been a significant check to CLAN O’CEIRIN, Mr Nolan’s movement was minimal; he allowed his mount to move in approximately one (1) horse width, then realised what the trouble was and did attempt to relieve the pressure; albeit a touch too late. Mr Goodwin also used the films to show Mr Jones taking a hold of CLAN O’CEIRIN in anticipation of the trouble that was about to take place. In Mr Goodwin’s opinion, the check to Mr Jones had cost him 2 – 2 1/2 lengths. Mr Goodwin also clarified that the incident occurred at approximately the 800m mark, which was right on a bend which could be characterised as a difficult bend, requiring riders to give each other room.
Mr Nolan stated that he was aware his mount shifted inwards abruptly, but that he did straighten after the initial movement, but conceded that it was already too late at that stage. He also stated that when HACKENSACK shifted inwards, the gelding also changed its legs which did not help the situation. Mr Nolan believed that he was edging across nicely, but with the rail being out five (5) metres, his movement had been exacerbated.

Submissions for Penalty:

Stipendiary Steward Mr Neal submitted that the consequences had been quite dramatic as evidenced on the films; however, movement by Mr Nolan had been quite minimal. He also believed that in the bigger scheme of things Mr Nolan had not moved a huge amount of ground. The stipendiary stewards submitted that at the end of the back straight, an obligation rested with Mr Nolan to keep his mount out, and allow those riders to his inside to have sufficient ground. Mr Neal stated that Mr Nolan had shifted in approximately one (1) horse width on this occasion, which had been enough to create some pressure on those to his inside. The stewards were of the view that Mr Jones had suffered the most as a result of Mr Nolan’s inwards movement. Mr Neal submitted that the degree of carelessness fell at the low end, however, the consequences on this occasion appeared to be more significant.

In presenting Mr Nolan’s record, Mr Neal indicated he had been suspended on three (3) occasions within the previous 12 months, with the most recent being on 2 October 2011 at Waikato. Mr Nolan had only recently returned to race riding from a foot injury and had been trying very hard to establish himself in the riding ranks, and he was doing an admirable job. Mr Neal considered Mr Nolan as a good rider who, apart from his previous periods of suspensions during the last 12 months, did not regularly come to the attention of the stewards. Mr Neal, for the stewards, submitted that given all the circumstances a suspension in the vicinity of four (4) to five (5) days would be appropriate.
Mr Nolan indicated that he had riding engagements at Counties on 21 January, and would like to avail himself of the seven (7) day deferral option if a period of suspension was to be imposed. Mr Nolan also stated that he was a north island rider, which was a statement supported by the stipendiary stewards. Mr Nolan did not wish to make any further submissions on the issue of penalty.

Reasons for Penalty:

The committee had regard to all of the submissions put before it. We believed that Mr Nolan made a significant error of judgement on this occasion. It was clear from the films that DASHING DOTTIE (K Myers) was much closer than Mr Nolan had originally thought. We also, in our assessment, considered that Mr Jones did suffer the most inconvenience as a result of Mr Nolan’s movement, and that Mr Jones was very fortunate to have received nothing more than a significant check. It was also clear to the committee that Mr Nolan’s action caused interference to a significant number of subsequent runners, at least six (6), and as this associated interference was as a direct result of Mr Nolan’s carelessness, the committee placed this level of carelessness at the mid-range. Whilst the rail may have been out five (5) metres on raceday, and there is acknowledgement by other riders that the bend in this state was a difficult one that required riders to give each other additional racing room, a duty of care still lies with Mr Nolan to ensure that safety is not compromised. The committee believed that a period of suspension was an appropriate penalty to impose on this occasion, and adopted a starting point of five (5) days. In mitigation, the committee considered Mr Nolan’s early admittance of the breach and his credible conduct during the hearing. However, these mitigating factors need to be balanced against, in the committee’s view, the significant aggravating nature of the interference to runners and riders in the race, as a result of Mr Nolan’s inwards movement. The committee acknowledged that Mr Nolan had had a recent period of incapacitation which prevented him from race riding; however, the committee accepted that he was to be treated as a ‘North Island’ rider and the period of suspension was to reflect the inclusion of meetings at which Mr Nolan was highly likely to have had genuine engagements.

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: afc56d18dbef6f8bab696e9c50c6c3c9

informantnumber: A3464

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 01/01/2012

hearing_title: Hawke's Bay RI 15 January 2012 - R 6

charge:

Following Race 6, Licensed Jockey D Nolan was charged with careless riding under Rule 638(1)(d). The information stated ”D Nolan (HACKENSACK) allowed his mount to shift in near the 800m resulting in a check to CLAN O’CEIRAN (R Jones).”

Rule 638(1)(d) states:

 “A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”

facts:

Mr Nolan indicated to the committee that he understood Rule 638 (1)(d), and that he admitted the breach.

Using the head-on and side-on films, Mr Goodwin identified the runners concerned: HACKENSACK (D Nolan), DASHING DOTTIE (K Myers), FALZANO (L Allpress) and CLAN O’CEIRIN (R Jones).  He indicated that Mr Nolan was placed five (5) – six (6) horse widths off the rail, and that it was apparent that he wanted to get closer to the rail as the film clearly showed him looking over his shoulder on at least two (2) occasions. He then allowed his mount to shift in, causing tightening to the runners on his inside: DASHING DOTTIE, FALZANO AND CLAN O’CEIRIN. As a result of the tightening, Mr Jones ran out of room and had to check his mount. This resulted in CLAN O’CEIRIN moving out onto other runners.
Mr Goodwin pointed out that while there had been a significant check to CLAN O’CEIRIN, Mr Nolan’s movement was minimal; he allowed his mount to move in approximately one (1) horse width, then realised what the trouble was and did attempt to relieve the pressure; albeit a touch too late. Mr Goodwin also used the films to show Mr Jones taking a hold of CLAN O’CEIRIN in anticipation of the trouble that was about to take place. In Mr Goodwin’s opinion, the check to Mr Jones had cost him 2 – 2 1/2 lengths. Mr Goodwin also clarified that the incident occurred at approximately the 800m mark, which was right on a bend which could be characterised as a difficult bend, requiring riders to give each other room.
Mr Nolan stated that he was aware his mount shifted inwards abruptly, but that he did straighten after the initial movement, but conceded that it was already too late at that stage. He also stated that when HACKENSACK shifted inwards, the gelding also changed its legs which did not help the situation. Mr Nolan believed that he was edging across nicely, but with the rail being out five (5) metres, his movement had been exacerbated.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

As the charge was admitted it was found to be proved.

sumissionsforpenalty:

Stipendiary Steward Mr Neal submitted that the consequences had been quite dramatic as evidenced on the films; however, movement by Mr Nolan had been quite minimal. He also believed that in the bigger scheme of things Mr Nolan had not moved a huge amount of ground. The stipendiary stewards submitted that at the end of the back straight, an obligation rested with Mr Nolan to keep his mount out, and allow those riders to his inside to have sufficient ground. Mr Neal stated that Mr Nolan had shifted in approximately one (1) horse width on this occasion, which had been enough to create some pressure on those to his inside. The stewards were of the view that Mr Jones had suffered the most as a result of Mr Nolan’s inwards movement. Mr Neal submitted that the degree of carelessness fell at the low end, however, the consequences on this occasion appeared to be more significant.

In presenting Mr Nolan’s record, Mr Neal indicated he had been suspended on three (3) occasions within the previous 12 months, with the most recent being on 2 October 2011 at Waikato. Mr Nolan had only recently returned to race riding from a foot injury and had been trying very hard to establish himself in the riding ranks, and he was doing an admirable job. Mr Neal considered Mr Nolan as a good rider who, apart from his previous periods of suspensions during the last 12 months, did not regularly come to the attention of the stewards. Mr Neal, for the stewards, submitted that given all the circumstances a suspension in the vicinity of four (4) to five (5) days would be appropriate.
Mr Nolan indicated that he had riding engagements at Counties on 21 January, and would like to avail himself of the seven (7) day deferral option if a period of suspension was to be imposed. Mr Nolan also stated that he was a north island rider, which was a statement supported by the stipendiary stewards. Mr Nolan did not wish to make any further submissions on the issue of penalty.

reasonsforpenalty:

The committee had regard to all of the submissions put before it. We believed that Mr Nolan made a significant error of judgement on this occasion. It was clear from the films that DASHING DOTTIE (K Myers) was much closer than Mr Nolan had originally thought. We also, in our assessment, considered that Mr Jones did suffer the most inconvenience as a result of Mr Nolan’s movement, and that Mr Jones was very fortunate to have received nothing more than a significant check. It was also clear to the committee that Mr Nolan’s action caused interference to a significant number of subsequent runners, at least six (6), and as this associated interference was as a direct result of Mr Nolan’s carelessness, the committee placed this level of carelessness at the mid-range. Whilst the rail may have been out five (5) metres on raceday, and there is acknowledgement by other riders that the bend in this state was a difficult one that required riders to give each other additional racing room, a duty of care still lies with Mr Nolan to ensure that safety is not compromised. The committee believed that a period of suspension was an appropriate penalty to impose on this occasion, and adopted a starting point of five (5) days. In mitigation, the committee considered Mr Nolan’s early admittance of the breach and his credible conduct during the hearing. However, these mitigating factors need to be balanced against, in the committee’s view, the significant aggravating nature of the interference to runners and riders in the race, as a result of Mr Nolan’s inwards movement. The committee acknowledged that Mr Nolan had had a recent period of incapacitation which prevented him from race riding; however, the committee accepted that he was to be treated as a ‘North Island’ rider and the period of suspension was to reflect the inclusion of meetings at which Mr Nolan was highly likely to have had genuine engagements.

penalty:

Mr Nolan’s licence to ride will be suspended from the conclusion of racing on Saturday 21 January 2012 until the conclusion of racing on Sunday 29 January 2012. This is a total of five (5) days. This incorporates the Wellington (23rd), Hawke’s Bay (25th), Rotorua (27th), Wellington (28th) and Auckland (29th) meetings.

hearing_type: Hearing

Rules: Rule 638(1)(d)

Informant: Mr R Neal - Stipendiary Steward

JockeysandTrainer: D Nolan - Licensed Jockey

Otherperson: Mr N Goodwin - Stipendiary Steward

PersonPresent:

Respondent:

StipendSteward:

raceid: 1beb7694218a8da9693c0de528c68435

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 6

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 102f8f52bb6fe39417a85b36afaf28a1

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 15/01/2012

meet_title: Hawkes Bay RI - 15 January 2012

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: hawkes-bay-ri

meet_racingtype: thoroughbred-racing

meet_chair: TUtikere

meet_pm1: PWilliams

meet_pm2: none

name: Hawkes Bay RI