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Hawkes Bay RI 28 February 2015 – R 5

ID: JCA14360

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr H Tinsley - Licensed Rider

Other Person:
Mr G Whiterod - Stipendiary Steward, Mr Riddell - Rider of SPREADEAGLED

Information Number:
A2703

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 28 February 2015

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2015/02/28

Race Number:
R 5

Decision:

We found the charge of careless riding proved.

Penalty:

Accordingly Mr Tinsley is suspended from riding from the close of racing on Wednesday March 4th up to and including racing on Wednesday March 11th – five riding days.

Race days included in the penalty are:

6/3/15 Otaki
7/3/15 Otago
8/3/15 Tauherenikau
9/3/15 Egmont
11/3/15 Waikato

 

 

Facts:

Following the running of Race 5, Hawke’s Bay Racing Members Maiden Sprint, an information was lodged by Mr N Goodwin alleging a breach of Rule 638(1) (d). The information alleged that Mr Tinsley allowed his mount to shift in in the home straight and check SPREADEAGLED when not clear.

Mr Goodwin read out the careless riding rule. Mr Tinsley acknowledged he understood the nature of the charge and confirmed he did not admit the breach.

Submissions for Decision:

Mr Goodwin called the rider of SPREADEAGLED as a witness. Mr Riddell told the committee his line (of running) was taken by the horse to his outside ridden by Mr Tinsley. He was in a position closest to the fence but got stopped in full stride when THIEN LY moved in. Mr Riddell finished fourth in the race and said the interference cost him a better placing.

Mr Tinsley had no questions of Mr Riddell.

Mr Goodwin said THIEN LY (Mr Tinsley) was being ridden with vigour adjacent to the leader SPREADEAGLED (Mr Riddell) when it moved in near the 250 metres. The head-on films showed the horse’s head turned out slightly but it commenced to move in while under a hard ride. Mr Tinsley was only a “bare horse-length” clear when he crossed in front of Mr Riddell causing that runner to check and change ground to the outside. The connections of SPREADEAGLED viewed footage of the incident immediately after the race with a view to lodging a protest, but elected not to proceed. All three films of the incident were shown. Mr Goodwin said while Mr Tinsley was not riding with the whip he was still pushing hard with hands and heels. He concluded by saying that Mr Tinsley failed to do enough to correct the inward movement of THIEN LY.

Mr Tinsley admitted running in front of SPREADEAGLED but told the committee he had been charged with “allowing” his mount to run inwards. He said we had to determine how careless he was in his actions. In his opinion he would have won by 2 or 3 lengths more if the horse had not been lugging in the whole way and he had been able to ride it out fully. Mr Tinsley said the connections of THIEN LY had told him of its tendency to run around and while he was not discounting cutting the other horse a bit fine, he said if he had stopped riding, to correct its line of running further, he may not have won the race. (There was another horse finishing fast down the outside). He said it came down to a balance between how careless he was against not giving his horse every opportunity.

Reasons for Decision:

The Committee had careful regard to all of the submissions and evidence placed before it by both the Stewards and Mr Tinsley.

We considered all the films with the head-on aspect being the most helpful. While Mr Tinsley was not using his whip he was nonetheless riding very vigorously using hands and heels. THIEN LY and SPREADEAGLED were racing neck and neck out in front when THIEN LY began to gradually move in crowding SPREADEAGLED. The side-on film confirmed Mr Tinsley was not the required distance clear of that runner when he shifted in.

The safety of all horses and riders in a race is paramount and it is the obligation of each rider to ensure they are the correct distance clear of another runner before crossing.

In our opinion Mr Tinsley had the opportunity to straighten his line of running but neglected to do. His comment that he would not have won the race if he had to stop riding further was not an excuse for failing to take due care.

Submissions for Penalty:

Mr Goodwin said Mr Tinsley’s record was very good with his only recent suspensions being:

15/1/15 3 days and $500
6/12/14 4 days

The Stewards’ submission was for a term of suspension of not less than five days.

Mr Tinsley had no submissions to make on penalty but responded when asked about upcoming riding commitments. He said he had upcoming Central Districts race days, he had ridden recently at Matamata and also Mr Pitman had asked him to ride for him at the Otago meeting on March 7th. The committee advised Mr Tinsley that it would not consider including any South Island industry days in a term of suspension unless he could convince us of definite riding engagements at such meetings. Mr Tinsley said Mr Pitman had requested he ride four of his horses at the Otago feature meeting on 7th March including the ride on EL CHICO. In response to a question from the committee Mr Tinsley said he would forgo those Otago days in favour of starting any proposed suspension immediately.

Reasons for Penalty:

In coming to a decision on penalty the committee took into consideration the submissions of both parties. We adopted as a starting point a period of five days suspension and applied mitigating and aggravating factors. Mr Tinsley’s record under the careless riding record is very good and would normally afford him a one day credit however the consequences of his actions today saw SPREADEAGLED get checked at a vital stage of the race and lose significant ground. While a protest was not lodged evidence was put forward that Mr Tinsley’s actions cost that runner a higher place. It was our opinion that a five day suspension was an appropriate penalty.

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: 7a693b0a628617447f403a4c27a78c36


informantnumber: A2703


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: denied


penaltyrequired: 1


decisiondate: 02/03/2015


hearing_title: Hawkes Bay RI 28 February 2015 - R 5


charge:


facts:

Following the running of Race 5, Hawke’s Bay Racing Members Maiden Sprint, an information was lodged by Mr N Goodwin alleging a breach of Rule 638(1) (d). The information alleged that Mr Tinsley allowed his mount to shift in in the home straight and check SPREADEAGLED when not clear.

Mr Goodwin read out the careless riding rule. Mr Tinsley acknowledged he understood the nature of the charge and confirmed he did not admit the breach.


appealdecision:


isappeal:


submissionsfordecision:

Mr Goodwin called the rider of SPREADEAGLED as a witness. Mr Riddell told the committee his line (of running) was taken by the horse to his outside ridden by Mr Tinsley. He was in a position closest to the fence but got stopped in full stride when THIEN LY moved in. Mr Riddell finished fourth in the race and said the interference cost him a better placing.

Mr Tinsley had no questions of Mr Riddell.

Mr Goodwin said THIEN LY (Mr Tinsley) was being ridden with vigour adjacent to the leader SPREADEAGLED (Mr Riddell) when it moved in near the 250 metres. The head-on films showed the horse’s head turned out slightly but it commenced to move in while under a hard ride. Mr Tinsley was only a “bare horse-length” clear when he crossed in front of Mr Riddell causing that runner to check and change ground to the outside. The connections of SPREADEAGLED viewed footage of the incident immediately after the race with a view to lodging a protest, but elected not to proceed. All three films of the incident were shown. Mr Goodwin said while Mr Tinsley was not riding with the whip he was still pushing hard with hands and heels. He concluded by saying that Mr Tinsley failed to do enough to correct the inward movement of THIEN LY.

Mr Tinsley admitted running in front of SPREADEAGLED but told the committee he had been charged with “allowing” his mount to run inwards. He said we had to determine how careless he was in his actions. In his opinion he would have won by 2 or 3 lengths more if the horse had not been lugging in the whole way and he had been able to ride it out fully. Mr Tinsley said the connections of THIEN LY had told him of its tendency to run around and while he was not discounting cutting the other horse a bit fine, he said if he had stopped riding, to correct its line of running further, he may not have won the race. (There was another horse finishing fast down the outside). He said it came down to a balance between how careless he was against not giving his horse every opportunity.


reasonsfordecision:

The Committee had careful regard to all of the submissions and evidence placed before it by both the Stewards and Mr Tinsley.

We considered all the films with the head-on aspect being the most helpful. While Mr Tinsley was not using his whip he was nonetheless riding very vigorously using hands and heels. THIEN LY and SPREADEAGLED were racing neck and neck out in front when THIEN LY began to gradually move in crowding SPREADEAGLED. The side-on film confirmed Mr Tinsley was not the required distance clear of that runner when he shifted in.

The safety of all horses and riders in a race is paramount and it is the obligation of each rider to ensure they are the correct distance clear of another runner before crossing.

In our opinion Mr Tinsley had the opportunity to straighten his line of running but neglected to do. His comment that he would not have won the race if he had to stop riding further was not an excuse for failing to take due care.


Decision:

We found the charge of careless riding proved.


sumissionsforpenalty:

Mr Goodwin said Mr Tinsley’s record was very good with his only recent suspensions being:

15/1/15 3 days and $500
6/12/14 4 days

The Stewards’ submission was for a term of suspension of not less than five days.

Mr Tinsley had no submissions to make on penalty but responded when asked about upcoming riding commitments. He said he had upcoming Central Districts race days, he had ridden recently at Matamata and also Mr Pitman had asked him to ride for him at the Otago meeting on March 7th. The committee advised Mr Tinsley that it would not consider including any South Island industry days in a term of suspension unless he could convince us of definite riding engagements at such meetings. Mr Tinsley said Mr Pitman had requested he ride four of his horses at the Otago feature meeting on 7th March including the ride on EL CHICO. In response to a question from the committee Mr Tinsley said he would forgo those Otago days in favour of starting any proposed suspension immediately.


reasonsforpenalty:

In coming to a decision on penalty the committee took into consideration the submissions of both parties. We adopted as a starting point a period of five days suspension and applied mitigating and aggravating factors. Mr Tinsley’s record under the careless riding record is very good and would normally afford him a one day credit however the consequences of his actions today saw SPREADEAGLED get checked at a vital stage of the race and lose significant ground. While a protest was not lodged evidence was put forward that Mr Tinsley’s actions cost that runner a higher place. It was our opinion that a five day suspension was an appropriate penalty.


penalty:

Accordingly Mr Tinsley is suspended from riding from the close of racing on Wednesday March 4th up to and including racing on Wednesday March 11th – five riding days.

Race days included in the penalty are:

6/3/15 Otaki
7/3/15 Otago
8/3/15 Tauherenikau
9/3/15 Egmont
11/3/15 Waikato

 

 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr H Tinsley - Licensed Rider


Otherperson: Mr G Whiterod - Stipendiary Steward, Mr Riddell - Rider of SPREADEAGLED


PersonPresent:


Respondent:


StipendSteward:


raceid: bb86c0496795425047f68afb1a468cf6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1cf3dd90cbeb6b99463650886fa5df2a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/02/2015


meet_title: Hawkes Bay RI - 28 February 2015


meet_expappcomment:


meet_km:


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tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TCastles


meet_pm2: none


name: Hawkes Bay RI