Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Hawkes Bay RI 21 July 2011 – R3

ID: JCA10954

Applicant:
N Goodwin

Respondent(s):
R Hutchings

Other Person:
J Bary

Information Number:
5313

Hearing Type:
Hearing

Rules:
638 (1) (d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 21 July 2011

Meet Chair:
TCastles

Meet Committee Member 1:
PWilliams

Race Date:
2011/07/21

Race Number:
R3

Decision:

The charge was found proven.

Penalty:

Mr Hutchings you are suspended from race riding after the completion of racing on the 23rd of July until the completion of racing on Saturday the 30th of July 2011 - 4 North Island days.

Charge:

Alledged breach of rule 638 (1) (d).

Facts:

Mr R Hutchings, the rider of Shuffln, allowed his mount to shift inwards near the 1000 metre mark when not clear of Wisteria Girl (J Parkes) which was checked. Mr Hutchings did not admit the breach and being an apprentice was represented by Mr J Bary (trainer). Mr Goodwin read the rule and Mr Hutchings confirmed that he understood the rule and reiterated that he wished to contest the charge.

Submissions for Decision:

Mr Goodwin called as a witness Mr Parkes, the rider of Wisteria Girl. He informed the committee using the available films that his horse was travelling keenly alongside the rail when Shuffln who had drawn 6 at the gate came across onto his line. Under questioning from Mr Goodwin, he confirmed that he did take hold of Wisteria Girl and although contact was not made he was inconvenienced. He felt that Mr Hutchings was only ¾ of a length clear when he came across onto his line. As both jockeys had rides in the upcoming race the hearing was adjourned.
Upon resuming the hearing, Mr Bary asked Mr Parkes if he moved inwards off his line. Mr Parkes replied he did marginally but only after he took hold of his mount. Mr Hutchings informed the committee that he did come across searching for the rail, he believed he looked inwards at least 3 times and didn’t see Mr Parkes. He felt that initially he was sufficiently clear but on viewing the head and side on films agreed he was only about ¾ of a length clear, not the required distance as stated in the rules. Mr Hutchings indicated that perhaps Mr Parkes overreacted and that he did move inward off his line when Shuffln came across.
Mr Bary asked the committee to consider that it was a 2 year old race with a number of first starters, he felt that Mr Parkes did steady his mount, no contact was made and that Shuffln was always travelling well.
Mr. Goodwin told the committee that in his opinion Mr Parkes was entitled to be where he was, he felt that Mr Parkes did take hold and that on coming across Mr Hutchings was only about one length clear leaving Mr Parkes no option but to check of heels. He did confirm that any inward movement from Wisteria Girl happened after Mr Parkes took hold.
Mr Bary in summing up felt that Mr Parkes may have taken hold before Mr Hutchings come across. There was, he believed, sufficient room for both horses.

Reasons for Decision:

The committee revisited the available films. The head on film clearly showed Mr Hutchings looking inwards at least 3 times as he came across. He indicated to the committee that he didn’t notice Mr Parkes on his inside against the rail. Even although Mr Hutchings has only been riding for a short space of time, he has a responsibility to ensure he is aware of other horses and riders around him. The films also showed Mr Parkes taking hold and although contact was not made, inconvenience was suffered. There was slight inward movement from Wisteria Girl but only in the committee's opinion after that horse was checked.

Submissions for Penalty:

At the resumption of the hearing after an adjournment for another race, it was pointed out to the committee Mr Bary was not available to be present during submissions on penalty. Mr Hutchings informed the committee that he was happy not to be represented.
Mr Goodwin told the committee that Mr Hutchings was a promising apprentice attached to a successful stable. He has only been riding for a short period of time and has had one breach of the careless riding rule (3/7/11). He was suspended for 4 days on that occasion.
Stipendiary Steward Goodwin believed this breach was at the lower end of the scale but felt a period of suspension was warranted. He did ask the committee to consider that the charge was contested.
Mr. Hutchings only comment was that on the advice of his manager he asked for any period of suspension to begin after Saturday’s racing.

Reasons for Penalty:

Mr Hutchings, in coming to our decision to impose a period of suspension for this breach we have taken into consideration a number of factors. We believe that the incident could be classed at the lower end of the scale. However, a horse was inconvenienced by your actions.  We wish to reiterate that as a jockey you do have responsibilities to know what is going on around you during a race. We have noted also the respect you have gained amongst the racing fraternity in the short time you have been riding.
Comment was made by Mr Goodwin that you elected to contest the charge. Mr Hutchings that is your right. As a committee we were impressed by the manner that you and your representative Mr Bary presented your submissions. We have also noted that at the moment you are classed as a North Island rider only.

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: 10df19182af21572a776823fed8e7d91


informantnumber: 5313


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 21/07/2011


hearing_title: Hawkes Bay RI 21 July 2011 - R3


charge:

Alledged breach of rule 638 (1) (d).


facts:

Mr R Hutchings, the rider of Shuffln, allowed his mount to shift inwards near the 1000 metre mark when not clear of Wisteria Girl (J Parkes) which was checked. Mr Hutchings did not admit the breach and being an apprentice was represented by Mr J Bary (trainer). Mr Goodwin read the rule and Mr Hutchings confirmed that he understood the rule and reiterated that he wished to contest the charge.

appealdecision:


isappeal:


submissionsfordecision:

Mr Goodwin called as a witness Mr Parkes, the rider of Wisteria Girl. He informed the committee using the available films that his horse was travelling keenly alongside the rail when Shuffln who had drawn 6 at the gate came across onto his line. Under questioning from Mr Goodwin, he confirmed that he did take hold of Wisteria Girl and although contact was not made he was inconvenienced. He felt that Mr Hutchings was only ¾ of a length clear when he came across onto his line. As both jockeys had rides in the upcoming race the hearing was adjourned.
Upon resuming the hearing, Mr Bary asked Mr Parkes if he moved inwards off his line. Mr Parkes replied he did marginally but only after he took hold of his mount. Mr Hutchings informed the committee that he did come across searching for the rail, he believed he looked inwards at least 3 times and didn’t see Mr Parkes. He felt that initially he was sufficiently clear but on viewing the head and side on films agreed he was only about ¾ of a length clear, not the required distance as stated in the rules. Mr Hutchings indicated that perhaps Mr Parkes overreacted and that he did move inward off his line when Shuffln came across.
Mr Bary asked the committee to consider that it was a 2 year old race with a number of first starters, he felt that Mr Parkes did steady his mount, no contact was made and that Shuffln was always travelling well.
Mr. Goodwin told the committee that in his opinion Mr Parkes was entitled to be where he was, he felt that Mr Parkes did take hold and that on coming across Mr Hutchings was only about one length clear leaving Mr Parkes no option but to check of heels. He did confirm that any inward movement from Wisteria Girl happened after Mr Parkes took hold.
Mr Bary in summing up felt that Mr Parkes may have taken hold before Mr Hutchings come across. There was, he believed, sufficient room for both horses.

reasonsfordecision:

The committee revisited the available films. The head on film clearly showed Mr Hutchings looking inwards at least 3 times as he came across. He indicated to the committee that he didn’t notice Mr Parkes on his inside against the rail. Even although Mr Hutchings has only been riding for a short space of time, he has a responsibility to ensure he is aware of other horses and riders around him. The films also showed Mr Parkes taking hold and although contact was not made, inconvenience was suffered. There was slight inward movement from Wisteria Girl but only in the committee's opinion after that horse was checked.

Decision:

The charge was found proven.

sumissionsforpenalty:

At the resumption of the hearing after an adjournment for another race, it was pointed out to the committee Mr Bary was not available to be present during submissions on penalty. Mr Hutchings informed the committee that he was happy not to be represented.
Mr Goodwin told the committee that Mr Hutchings was a promising apprentice attached to a successful stable. He has only been riding for a short period of time and has had one breach of the careless riding rule (3/7/11). He was suspended for 4 days on that occasion.
Stipendiary Steward Goodwin believed this breach was at the lower end of the scale but felt a period of suspension was warranted. He did ask the committee to consider that the charge was contested.
Mr. Hutchings only comment was that on the advice of his manager he asked for any period of suspension to begin after Saturday’s racing.

reasonsforpenalty:

Mr Hutchings, in coming to our decision to impose a period of suspension for this breach we have taken into consideration a number of factors. We believe that the incident could be classed at the lower end of the scale. However, a horse was inconvenienced by your actions.  We wish to reiterate that as a jockey you do have responsibilities to know what is going on around you during a race. We have noted also the respect you have gained amongst the racing fraternity in the short time you have been riding.
Comment was made by Mr Goodwin that you elected to contest the charge. Mr Hutchings that is your right. As a committee we were impressed by the manner that you and your representative Mr Bary presented your submissions. We have also noted that at the moment you are classed as a North Island rider only.

penalty:

Mr Hutchings you are suspended from race riding after the completion of racing on the 23rd of July until the completion of racing on Saturday the 30th of July 2011 - 4 North Island days.

hearing_type: Hearing


Rules: 638 (1) (d)


Informant: N Goodwin


JockeysandTrainer: R Hutchings


Otherperson: J Bary


PersonPresent:


Respondent:


StipendSteward:


raceid: 03b58a036438ab0b6447cc24230323d4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c880ce898ef6d95a6b026735edd117c4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/07/2011


meet_title: Hawkes Bay RI - 21 July 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: TCastles


meet_pm1: PWilliams


meet_pm2: none


name: Hawkes Bay RI