Archive Decision

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Hawkes Bay RI 29 January 2015 – R 4

ID: JCA17877

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr J Gracioso - Licensed Rider

Other Person:
Mr S Alexander - Representative for Temperton Stable, Mr G Whiterod - Stipendiary Steward

Information Number:
A6793

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 29 January 2015

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2015/01/29

Race Number:
R 4

Decision:

As Mr Gracioso admitted the breach we found the charge proved.

Penalty:

Accordingly Mr Gracioso is suspended from riding from the conclusion of racing today, Thursday January 29th, up to and including racing on Sunday February 15th. The days included in this suspension (only Central Districts dates were considered) are:

6/2/15 Wairarapa
7/2/15 Manawatu
12/2/15 Wanganui
14/2/15 Taranaki
15/2/15 Poverty Bay

Facts:

Following the running of Race 4, the Waimea Nurseries 3YO Sprint, an Information was lodged by Mr N Goodwin alleging a breach of Rule 638(1) (d) in that Mr Gracioso allowed his mount to shift in with approximately 150 metres to run and caused checks to POP HIT and DAL DUNVEGAN.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

When questioned by the Committee Mr Gracioso acknowledged he understood the nature of the rule and confirmed he admitted the breach. Mr Alexander, who is the employer of Mr Gracioso, was present to help as English is not Mr Gracioso’s first language.

Mr Whitrod explained the incident using the available films. The head –on showed Mr Gracioso (NOM DE BEEL) racing in a midfield position four off the fence. Back and to his inside, the horses affected were POP HIT and DAL DUNVEGAN. Mr Gracioso was having some difficulty maintaining a straight line with his mount. One two occasions, when his horse ran inwards, he straightened it up without causing any interference however on the final occasion he caused considerable interference to the two horses behind him on the rail. Any action he took was far too late to be effective. Both the riders had to take a hold and were checked sharply backwards.

Mr Grasioso said that when he used the whip NOM DE BEEL ran inwards. He made the mistake of thinking he was clear because there was a gap to his inside but unfortunately he was not aware of the horses racing behind him.

Submissions for Penalty:

Mr Goodwin submitted that Mr Gracioso was not an inexperienced rider having had 500 rides in the Philippines for 35 wins. The stewards would have expected him to have recognised the horse’s tendency to run away from the whip after NOM DE BEEL ran inwards on the first occasion the whip was used. Mr Goodwin conceded that Mr Gracioso’s mount was a difficult ride however Mr Gracioso did not appear to have very good control allowing NOM DE BEEL to continuously move in and then being slow to correct its line of running.

Mr Goodwin said Mr Gracioso’s record was clear since he began riding in New Zealand in August 2014.The Stewards’ submission was for a suspension in the vicinity of five days.

Mr Gracioso said he accepted the submissions of the stewards.

Reasons for Penalty:

In coming to a decision on penalty the committee took into account all of the submissions presented and adopted, as a starting point, a five day suspension. In assessing the consequences of Mr Gracioso’s inward movement we found that the two riders affected suffered quite severe interference. Both were squeezed up and buffeted against the running rail. Mitigating this was evidence produced by the stewards of the horse’s poor racing manners. We have added a day on for Mr Gracioso’s degree of carelessness taking the suspension to one of six days. Mitigating factors were Mr Gracioso’s good riding record and his admission of the breach, for which we have afforded him a one day reduction.

Accordingly we have imposed a five day suspension. It was established that Mr Gracioso rode predominantly in the Central Districts for the Temperton stable.

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: f90d29f98cb98150a34c84c5acdd2d04


informantnumber: A6793


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 01/02/2015


hearing_title: Hawkes Bay RI 29 January 2015 - R 4


charge:


facts:

Following the running of Race 4, the Waimea Nurseries 3YO Sprint, an Information was lodged by Mr N Goodwin alleging a breach of Rule 638(1) (d) in that Mr Gracioso allowed his mount to shift in with approximately 150 metres to run and caused checks to POP HIT and DAL DUNVEGAN.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

When questioned by the Committee Mr Gracioso acknowledged he understood the nature of the rule and confirmed he admitted the breach. Mr Alexander, who is the employer of Mr Gracioso, was present to help as English is not Mr Gracioso’s first language.

Mr Whitrod explained the incident using the available films. The head –on showed Mr Gracioso (NOM DE BEEL) racing in a midfield position four off the fence. Back and to his inside, the horses affected were POP HIT and DAL DUNVEGAN. Mr Gracioso was having some difficulty maintaining a straight line with his mount. One two occasions, when his horse ran inwards, he straightened it up without causing any interference however on the final occasion he caused considerable interference to the two horses behind him on the rail. Any action he took was far too late to be effective. Both the riders had to take a hold and were checked sharply backwards.

Mr Grasioso said that when he used the whip NOM DE BEEL ran inwards. He made the mistake of thinking he was clear because there was a gap to his inside but unfortunately he was not aware of the horses racing behind him.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Gracioso admitted the breach we found the charge proved.


sumissionsforpenalty:

Mr Goodwin submitted that Mr Gracioso was not an inexperienced rider having had 500 rides in the Philippines for 35 wins. The stewards would have expected him to have recognised the horse’s tendency to run away from the whip after NOM DE BEEL ran inwards on the first occasion the whip was used. Mr Goodwin conceded that Mr Gracioso’s mount was a difficult ride however Mr Gracioso did not appear to have very good control allowing NOM DE BEEL to continuously move in and then being slow to correct its line of running.

Mr Goodwin said Mr Gracioso’s record was clear since he began riding in New Zealand in August 2014.The Stewards’ submission was for a suspension in the vicinity of five days.

Mr Gracioso said he accepted the submissions of the stewards.


reasonsforpenalty:

In coming to a decision on penalty the committee took into account all of the submissions presented and adopted, as a starting point, a five day suspension. In assessing the consequences of Mr Gracioso’s inward movement we found that the two riders affected suffered quite severe interference. Both were squeezed up and buffeted against the running rail. Mitigating this was evidence produced by the stewards of the horse’s poor racing manners. We have added a day on for Mr Gracioso’s degree of carelessness taking the suspension to one of six days. Mitigating factors were Mr Gracioso’s good riding record and his admission of the breach, for which we have afforded him a one day reduction.

Accordingly we have imposed a five day suspension. It was established that Mr Gracioso rode predominantly in the Central Districts for the Temperton stable.


penalty:

Accordingly Mr Gracioso is suspended from riding from the conclusion of racing today, Thursday January 29th, up to and including racing on Sunday February 15th. The days included in this suspension (only Central Districts dates were considered) are:

6/2/15 Wairarapa
7/2/15 Manawatu
12/2/15 Wanganui
14/2/15 Taranaki
15/2/15 Poverty Bay


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr J Gracioso - Licensed Rider


Otherperson: Mr S Alexander - Representative for Temperton Stable, Mr G Whiterod - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 37b99d7be70271a9c8b17a98384667ac


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f8a0ec34cfffd5f5dfbd2e9f0177476d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/01/2015


meet_title: Hawkes Bay RI - 29 January 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TCastles


meet_pm2: none


name: Hawkes Bay RI