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Hawkes Bay RI 30 June 2012 – R 3

ID: JCA10663

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr R Cully - Licensed Jockey

Information Number:
A3100

Hearing Type:
Hearing

Rules:
Rule 638 (1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 30 June 2012

Meet Chair:
TUtikere

Meet Committee Member 1:
PWilliams

Race Date:
2012/06/30

Race Number:
Race 1

Decision:

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

Penalty:

Mr Cully’s licence to ride will be suspended from the conclusion of racing on Wednesday 4 July 2012 until the conclusion of racing on Friday 13 July 2012. This is a total of three (3) days. This incorporates the Waverley (5th), Wanganui (12th) and Timaru (13th) meetings.

Charge:

Following Race 3, Licensed Jockey R Cully was charged with careless riding under Rule 638(1)(d). The information stated: ”Approaching the 800m on the first occasion R Cully permitted his mount MORPHEUS to shift in when not clear of BALLY HEIGHTS which was checked.”

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

Using available films, Mr Goodwin identified Mr Cully’s mount (MORPHEUS) racing four horse widths off the fence. The affected runner, BALLY HEIGHTS (B Lammas) was positioned to Mr Cully’s inside and was entitled to be where he was. Mr Goodwin identified Mr Cully attempting to get a run closer to the running rail approaching the 800m on the first occasion. MORPHEUS shifted in when not the required distance clear of rider Lammas, who had to take a hold of his mount and check.

The film showed Mr Cully taking a good look across at first, before angling his mount inwards. It was noticeable that MORPHEUS was not under any pressure from any other horse, and in moving inwards, has not been clear. Mr Lammas has had to ease his mount, and whilst not losing a lot of ground, has nonetheless been entitled to the position he was in, and Mr Cully has ended up in a good position as a result of his own inwards movement.

Mr Cully was invited to comment on the incident and acknowledged that the films clearly demonstrated that he had taken Rider Lammas’ ground. He said that Mr Lammas had subsequently advised him that he had called during the running, but Mr Cully did not hear him. Mr Cully accepted that he was not the required distance clear.

Submissions for Penalty:

Stipendiary Steward Mr Goodwin sought a period of suspension for this incident. He submitted that Mr Cully was a very capable rider who rides in the North and South Islands, and is in contention to be named the country’s leading jumps rider. He believed that this carelessness fell at the bottom end of the scale, as this happened with a round to go, and the effect to Mr Lammas was not very dramatic. In speaking to Mr Lammas, he had indicated that he had to take a hold and had lost his position; hence the charge. The stewards submitted that a two day period of suspension was appropriate. It was confirmed that Mr Cully’s previous period of suspension was on 8 September 2011 at Foxton when he was suspended for three days.

The Chairman asked Mr Goodwin if the status of the race in which this incident occurred had been considered by the stipendiary stewards and whether this was reflected in their submission for a two day suspension. Mr Goodwin submitted that Mr Lammas had believed there had been no impact on the final placings and the low-level of carelessness was reflected in the stewards' penalty submission of two days.

Mr Cully advised the committee that he had engagements on 4 July at Te Rapa. He was seeking a deferral, if a term of suspension was imposed, to allow him to fulfil these engagements. He acknowledged this was a big race and submitted that it was competitive riding on display.

Reasons for Penalty:

The committee had regard to all of the submissions put before it. We believed that Mr Cully was not the required distance clear, placing his distance at 1 ¾ Lengths when attempting to move inwards. As a result, Mr Lammas has had to ease his mount, albeit marginally. Accordingly, the committee placed this level of carelessness at the low range. 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. The committee also believed a deferment to allow Mr Cully to fulfil engagements at Te Rapa on 4 July was also in order. In mitigation, the committee considered Mr Cully’s early admittance of the breach and his very good riding record for a busy and capable jumps rider. This incident occurred near the 800m on the first occasion, and it could be argued that this had no material impact on the final placings, however; we did give consideration towards the status of the race. This was a Prestige Jumping Race, where it is expected that competitive riding would take place. However, when such riding results in a runner losing its rightful position due to another rider’s carelessness, such as on this occasion, it cannot be deemed as competitive, irrespective of where the carelessness took place during the race, and the committee have factored this as an aggravating feature.

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: 073c6022ca6c328685eb898e88c2fdc7


informantnumber: A3100


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 15/06/2012


hearing_title: Hawkes Bay RI 30 June 2012 - R 3


charge:

Following Race 3, Licensed Jockey R Cully was charged with careless riding under Rule 638(1)(d). The information stated: ”Approaching the 800m on the first occasion R Cully permitted his mount MORPHEUS to shift in when not clear of BALLY HEIGHTS which was checked.”

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

Using available films, Mr Goodwin identified Mr Cully’s mount (MORPHEUS) racing four horse widths off the fence. The affected runner, BALLY HEIGHTS (B Lammas) was positioned to Mr Cully’s inside and was entitled to be where he was. Mr Goodwin identified Mr Cully attempting to get a run closer to the running rail approaching the 800m on the first occasion. MORPHEUS shifted in when not the required distance clear of rider Lammas, who had to take a hold of his mount and check.

The film showed Mr Cully taking a good look across at first, before angling his mount inwards. It was noticeable that MORPHEUS was not under any pressure from any other horse, and in moving inwards, has not been clear. Mr Lammas has had to ease his mount, and whilst not losing a lot of ground, has nonetheless been entitled to the position he was in, and Mr Cully has ended up in a good position as a result of his own inwards movement.

Mr Cully was invited to comment on the incident and acknowledged that the films clearly demonstrated that he had taken Rider Lammas’ ground. He said that Mr Lammas had subsequently advised him that he had called during the running, but Mr Cully did not hear him. Mr Cully accepted that he was not the required distance clear.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Stipendiary Steward Mr Goodwin sought a period of suspension for this incident. He submitted that Mr Cully was a very capable rider who rides in the North and South Islands, and is in contention to be named the country’s leading jumps rider. He believed that this carelessness fell at the bottom end of the scale, as this happened with a round to go, and the effect to Mr Lammas was not very dramatic. In speaking to Mr Lammas, he had indicated that he had to take a hold and had lost his position; hence the charge. The stewards submitted that a two day period of suspension was appropriate. It was confirmed that Mr Cully’s previous period of suspension was on 8 September 2011 at Foxton when he was suspended for three days.

The Chairman asked Mr Goodwin if the status of the race in which this incident occurred had been considered by the stipendiary stewards and whether this was reflected in their submission for a two day suspension. Mr Goodwin submitted that Mr Lammas had believed there had been no impact on the final placings and the low-level of carelessness was reflected in the stewards' penalty submission of two days.

Mr Cully advised the committee that he had engagements on 4 July at Te Rapa. He was seeking a deferral, if a term of suspension was imposed, to allow him to fulfil these engagements. He acknowledged this was a big race and submitted that it was competitive riding on display.


reasonsforpenalty:

The committee had regard to all of the submissions put before it. We believed that Mr Cully was not the required distance clear, placing his distance at 1 ¾ Lengths when attempting to move inwards. As a result, Mr Lammas has had to ease his mount, albeit marginally. Accordingly, the committee placed this level of carelessness at the low range. 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. The committee also believed a deferment to allow Mr Cully to fulfil engagements at Te Rapa on 4 July was also in order. In mitigation, the committee considered Mr Cully’s early admittance of the breach and his very good riding record for a busy and capable jumps rider. This incident occurred near the 800m on the first occasion, and it could be argued that this had no material impact on the final placings, however; we did give consideration towards the status of the race. This was a Prestige Jumping Race, where it is expected that competitive riding would take place. However, when such riding results in a runner losing its rightful position due to another rider’s carelessness, such as on this occasion, it cannot be deemed as competitive, irrespective of where the carelessness took place during the race, and the committee have factored this as an aggravating feature.


penalty:

Mr Cully’s licence to ride will be suspended from the conclusion of racing on Wednesday 4 July 2012 until the conclusion of racing on Friday 13 July 2012. This is a total of three (3) days. This incorporates the Waverley (5th), Wanganui (12th) and Timaru (13th) meetings.


hearing_type: Hearing


Rules: Rule 638 (1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr R Cully - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b9d95c4fc73ae0a3b319e82ab381aaed


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7d93628b38737bb9bae18bb7ada6ccd8


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


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meetdate: 30/06/2012


meet_title: Hawkes Bay RI - 30 June 2012


meet_expappcomment:


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meet_otherexp:


tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: PWilliams


meet_pm2: none


name: Hawkes Bay RI