Archive Decision

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Hawkes Bay RI 5 April 2014 – R 8

ID: JCA16472

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Ms R Smyth - Apprentice Rider, Mr P Campbell - Licensed Trainer

Information Number:
A4031

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hawkes Bay RI - 5 April 2014

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2014/04/05

Race Number:
R 8

Decision:

As Ms Smyth admitted the breach we found the charge proved.

Penalty:

Ms Smyth is suspended from the close of racing on Saturday April 19th up to and including racing on Wednesday April 30th. Race days in this period are:

21/4/14 Auckland
23/4/14 Te Aroha
25/4/14 Avondale
26/4/14 Cambridge
28/4/14 Woodville
30/4/14 Avondale

Facts:

Following the running of Race 8, the Desert Gold Club Sprint, an Information was lodged by Mr N Goodwin alleging a breach of Rule 638(1) (d) in that R Smyth allowed her mount HESTOLEMYROSES to shift out in the final straight dictating HESALLJAZZ (J Riddell) over extra ground.

Ms Smyth is apprenticed to Nigel Tiley but was assisted today by licensed trainer Mr P Campbell.

Mr Goodwin said Ms Smyth was racing adjacent to the running rail on the home turn when her horse began to lug outwards. As she came around the corner she commenced to shift outwards and did not take enough steps to keep her mount in a straight line. Under a vigorous ride she forced Mr Riddell over extra ground and in the process also hit his horse over the head with her whip.

Ms Smyth explained that her horse had hung the whole way and she didn’t believe she had hit Mr Riddell’s horse across the head with her whip. She showed on the film that prior to the finish she did put the stick away briefly and try to straighten her mount’s line of running.

Mr Campbell told the committee that the only time Mr Riddell called out to Ms Smyth was on the turn and that because it was a gradual outward movement and there was no more calling from Mr Riddell she did not realise the extent to which she was drifting outwards.

Submissions for Penalty:

Mr Goodwin produced Ms Smyth’s riding record which showed three careless riding charges within the last 12 months. She was suspended very recently on March 29th for 7 days, on March 1st for 4 days and in September 2013 for 4 days. He placed today’s breach as midrange explaining that she threw “caution to the wind” to enable her horse to gain the best possible placing. Mr Goodwin asked the committee to take into account that connections and punters missed out as a result of her mount being relegated after a protest was lodged. The Steward’s submission was for a suspension of not less than 7 days.

Mr Campbell said Ms Smyth was resurrecting her career after time away and that a lengthy suspension would not help her in this respect. He reiterated that her outward movement was only gradual.

Ms Smyth said she was about to commence a suspension after today’s race meeting for 7 days. She said she only rode in the North Island.

Reasons for Penalty:

In coming to a decision on penalty the committee took into account all of the submissions and adopted as a starting point a period of five days suspension. In applying mitigating and aggravating factors we have given Ms Smyth credit for her admission of the breach. Her record may seem poor in light of two very recent careless riding charges but prior to March she had only one breach of the rule. The degree of carelessness we assessed as midrange due to the gradual shift outwards and the fact that she did make some attempt to straighten her mount, albeit too late. Taking into account also that a relegation occurred it was our opinion that a seven day suspension was appropriate however we have afforded Ms Smyth some leniency and reduced that by one day in recognition of her attempt to restart her riding career.

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: b8e1d4b50a6a7bb76c7734fa292e1e8d


informantnumber: A4031


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 07/04/2014


hearing_title: Hawkes Bay RI 5 April 2014 - R 8


charge:


facts:

Following the running of Race 8, the Desert Gold Club Sprint, an Information was lodged by Mr N Goodwin alleging a breach of Rule 638(1) (d) in that R Smyth allowed her mount HESTOLEMYROSES to shift out in the final straight dictating HESALLJAZZ (J Riddell) over extra ground.

Ms Smyth is apprenticed to Nigel Tiley but was assisted today by licensed trainer Mr P Campbell.

Mr Goodwin said Ms Smyth was racing adjacent to the running rail on the home turn when her horse began to lug outwards. As she came around the corner she commenced to shift outwards and did not take enough steps to keep her mount in a straight line. Under a vigorous ride she forced Mr Riddell over extra ground and in the process also hit his horse over the head with her whip.

Ms Smyth explained that her horse had hung the whole way and she didn’t believe she had hit Mr Riddell’s horse across the head with her whip. She showed on the film that prior to the finish she did put the stick away briefly and try to straighten her mount’s line of running.

Mr Campbell told the committee that the only time Mr Riddell called out to Ms Smyth was on the turn and that because it was a gradual outward movement and there was no more calling from Mr Riddell she did not realise the extent to which she was drifting outwards.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Smyth admitted the breach we found the charge proved.


sumissionsforpenalty:

Mr Goodwin produced Ms Smyth’s riding record which showed three careless riding charges within the last 12 months. She was suspended very recently on March 29th for 7 days, on March 1st for 4 days and in September 2013 for 4 days. He placed today’s breach as midrange explaining that she threw “caution to the wind” to enable her horse to gain the best possible placing. Mr Goodwin asked the committee to take into account that connections and punters missed out as a result of her mount being relegated after a protest was lodged. The Steward’s submission was for a suspension of not less than 7 days.

Mr Campbell said Ms Smyth was resurrecting her career after time away and that a lengthy suspension would not help her in this respect. He reiterated that her outward movement was only gradual.

Ms Smyth said she was about to commence a suspension after today’s race meeting for 7 days. She said she only rode in the North Island.


reasonsforpenalty:

In coming to a decision on penalty the committee took into account all of the submissions and adopted as a starting point a period of five days suspension. In applying mitigating and aggravating factors we have given Ms Smyth credit for her admission of the breach. Her record may seem poor in light of two very recent careless riding charges but prior to March she had only one breach of the rule. The degree of carelessness we assessed as midrange due to the gradual shift outwards and the fact that she did make some attempt to straighten her mount, albeit too late. Taking into account also that a relegation occurred it was our opinion that a seven day suspension was appropriate however we have afforded Ms Smyth some leniency and reduced that by one day in recognition of her attempt to restart her riding career.


penalty:

Ms Smyth is suspended from the close of racing on Saturday April 19th up to and including racing on Wednesday April 30th. Race days in this period are:

21/4/14 Auckland
23/4/14 Te Aroha
25/4/14 Avondale
26/4/14 Cambridge
28/4/14 Woodville
30/4/14 Avondale


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Ms R Smyth - Apprentice Rider, Mr P Campbell - Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: c6ac97eda1cb6fca65ce6a0572abb625


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ae4743ead181aaf90b6e546769c10ef6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/04/2014


meet_title: Hawkes Bay RI - 5 April 2014


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