Archive Decision

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Hawkes Bay RI 4 October 2014 – R 6

ID: JCA13037

Applicant:
Mr R Neal - Co-Chief Stipendiary Steward

Respondent(s):
Mr V Colgan - Licensed Rider

Other Person:
Mr J Oatham - Stipendiary Steward

Information Number:
A3320

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 4 October 2014

Meet Chair:
NMoffatt

Meet Committee Member 1:
TUtikere

Race Date:
2014/10/04

Race Number:
R 6

Decision:

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

Penalty:

Accordingly Mr Colgan is suspended from riding from the conclusion of racing on Saturday October 11th up to and including racing on Wednesday October 22nd. The days included in this suspension (only Northern dates were considered) are:

15/10/14 Avondale
17/10/14 Tauranga
18/10/14 Rotorua
22/10/14 Te Aroha

Facts:

Following the running of Race 6, The Desert Gold Club Sprint, an Information was lodged by Mr R Neal alleging a breach of Rule 638(1) (d) in that V Colgan permitted his mount THE LAST SHOWER to shift out passing the 400m when not clear of AGENT ZIVA which was checked.

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 Colgan acknowledged that he understood the nature of the rule and confirmed he admitted the breach.

Mr Oatham used films from four different camera positions to identify the runners involved and outline the incident. The back straight camera showed Mr Colgan racing adjacent to the running rail with Ms Jones (AGENT ZIVA) to his outside. Mr Colgan began to slowly come away from the rail dictating Ms Jones outwards until it got to a point on the turn where Ms Jones had to check her mount when becoming awkwardly placed and in danger of clipping heels. Remaining films showed Mr Colgan only a bare length in front of Ms Jones’ mount when she was forced to check sharply.

Mr Colgan had nothing further to add.

Submissions for Penalty:

Mr Neal informed the committee that Mr Colgan’s New Zealand record showed no suspensions for the previous 12 months. He said Mr Colgan had a period of riding in Queensland and while the Stewards did not have knowledge of his Australian record Mr Colgan had told them he had not been suspended for some time. Mr Neal submitted that the severity of the breach was in the midrange as Ms Jones was checked out of a run. He added that an aggravating factor was the breach occurred at a premier race meeting.

Mr Colgan did not wish to make any submissions on penalty.

Reasons for Penalty:

In coming to a decision on penalty the committee took into account all of the submissions presented. Mitigating factors were Mr Colgan’s good riding record and his admission of the breach for which we have afforded him a one day reduction from the usual five day starting point.

We placed the severity of the breach at midrange and based this on the fact that although Ms Jones suffered quite a severe check Mr Colgan’s outward movement was a slow and gradual one.

The Committee did not believe that the overall premier status of the race day was an aggravating factor. There were three Group races on the programme and while these “black-type” races do carry a higher status and usually attract higher penalties this race did not fall into that category.

Balancing up all of these factors it was our opinion that a four 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: 3957f990196f3626db6a032c2f68803e


informantnumber: A3320


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 03/10/2014


hearing_title: Hawkes Bay RI 4 October 2014 - R 6


charge:


facts:

Following the running of Race 6, The Desert Gold Club Sprint, an Information was lodged by Mr R Neal alleging a breach of Rule 638(1) (d) in that V Colgan permitted his mount THE LAST SHOWER to shift out passing the 400m when not clear of AGENT ZIVA which was checked.

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 Colgan acknowledged that he understood the nature of the rule and confirmed he admitted the breach.

Mr Oatham used films from four different camera positions to identify the runners involved and outline the incident. The back straight camera showed Mr Colgan racing adjacent to the running rail with Ms Jones (AGENT ZIVA) to his outside. Mr Colgan began to slowly come away from the rail dictating Ms Jones outwards until it got to a point on the turn where Ms Jones had to check her mount when becoming awkwardly placed and in danger of clipping heels. Remaining films showed Mr Colgan only a bare length in front of Ms Jones’ mount when she was forced to check sharply.

Mr Colgan had nothing further to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Neal informed the committee that Mr Colgan’s New Zealand record showed no suspensions for the previous 12 months. He said Mr Colgan had a period of riding in Queensland and while the Stewards did not have knowledge of his Australian record Mr Colgan had told them he had not been suspended for some time. Mr Neal submitted that the severity of the breach was in the midrange as Ms Jones was checked out of a run. He added that an aggravating factor was the breach occurred at a premier race meeting.

Mr Colgan did not wish to make any submissions on penalty.


reasonsforpenalty:

In coming to a decision on penalty the committee took into account all of the submissions presented. Mitigating factors were Mr Colgan’s good riding record and his admission of the breach for which we have afforded him a one day reduction from the usual five day starting point.

We placed the severity of the breach at midrange and based this on the fact that although Ms Jones suffered quite a severe check Mr Colgan’s outward movement was a slow and gradual one.

The Committee did not believe that the overall premier status of the race day was an aggravating factor. There were three Group races on the programme and while these “black-type” races do carry a higher status and usually attract higher penalties this race did not fall into that category.

Balancing up all of these factors it was our opinion that a four day suspension was an appropriate penalty.


penalty:

Accordingly Mr Colgan is suspended from riding from the conclusion of racing on Saturday October 11th up to and including racing on Wednesday October 22nd. The days included in this suspension (only Northern dates were considered) are:

15/10/14 Avondale
17/10/14 Tauranga
18/10/14 Rotorua
22/10/14 Te Aroha


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr R Neal - Co-Chief Stipendiary Steward


JockeysandTrainer: Mr V Colgan - Licensed Rider


Otherperson: Mr J Oatham - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 4687bb06eb59ba9ac5bdad90532ae2d7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c459ccf79b6c6ddf098628a7569d037b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/10/2014


meet_title: Hawkes Bay RI - 4 October 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawkes-bay-ri


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TUtikere


meet_pm2: none


name: Hawkes Bay RI