Hawke’s Bay RI 5 October 2019 – R 3 – Chair, Mrs N Moffatt
ID: JCA11274
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 5 October 2019
Meet Chair:
NMoffatt
Meet Committee Member 1:
NMcCutcheon
Race Date:
2019/10/05
Race Number:
R 3
Decision:
As Ms O’Beirne admitted the breach, it was deemed to be proved.
Penalty:
Accordingly, Ms O’Beirne’s license is suspended from the close of racing on Wednesday October 23rd up to and including racing on Saturday November 2nd 2019.
Facts:
Following the running of Race 3 (TUMU ITM 1200), an Information was lodged by Mr Oatham alleging a breach of Rule 638(1)(d) in that C O’Beirne angled her mount RAINBOW DUNDEE outwards near the 250m when not sufficiently clear of TIMES TICKING which was hampered having to avoid that runners heels.
At the outset of the hearing, Ms O’Beirne confirmed she understood the Rule and that she admitted the breach. She was assisted by Ms Clapperton.
The incident occurred near the 250m when Ms O’Beirne was racing back on the fence on RAINBOW DUNDEE. Suddenly she angled out sharply and took the line of Mr Riddell who was forced to take evasive action by steading to avoid heels. As a result he lost significant momentum yet his mount ran on over the final stages to get 6th. The side-on view, indicated Ms O’Beirne to be only 1 length clear of Mr Riddell when she crossed.
Ms O’Beirne said she simply erred in her judgement.
Submissions for Penalty:
Mr Oatham said Ms O’Beirne had an excellent record until today having been charged with careless riding in Race 2. The Stewards considered her level of carelessness to be reasonably high but said the degree of interference was less so. Looking at the incident in its entirety Mr Oatham said Ms O’Beirne’s culpability was, in his opinion, just above midrange.
Ms O’Beirne was invited to make submissions on penalty but declined to do so.
Reasons for Penalty:
The Committee considered all submissions. Ms O’Beirne made a very sharp and sudden outward movement resulting in her crossing Mr Riddell’s mount when only approximately 1 length clear of that runner. The interference resulted in a loss of momentum to TIMES TICKING who finished off the race well to run into 6th place. It was perhaps fortunate that Mr Riddell was an experienced rider and was able to take immediate evasive action otherwise, the consequences may have been more severe.
It was the opinion of the Committee that the incident was higher than midrange and we adopted a starting point of 9 days suspension. In mitigation, we considered Ms O’Beirne’s ready admission of the breach and notwithstanding her charge in the previous race, her record to be good.
It was our opinion that an 8-day suspension was an appropriate penalty. This is to follow on from the suspension imposed after Race 2 today.
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: 13c5332cab27d82461f4a37ed1b760b0
informantnumber: A11532
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 07/10/2019
hearing_title: Hawke's Bay RI 5 October 2019 - R 3 - Chair, Mrs N Moffatt
charge:
facts:
Following the running of Race 3 (TUMU ITM 1200), an Information was lodged by Mr Oatham alleging a breach of Rule 638(1)(d) in that C O’Beirne angled her mount RAINBOW DUNDEE outwards near the 250m when not sufficiently clear of TIMES TICKING which was hampered having to avoid that runners heels.
At the outset of the hearing, Ms O’Beirne confirmed she understood the Rule and that she admitted the breach. She was assisted by Ms Clapperton.
The incident occurred near the 250m when Ms O’Beirne was racing back on the fence on RAINBOW DUNDEE. Suddenly she angled out sharply and took the line of Mr Riddell who was forced to take evasive action by steading to avoid heels. As a result he lost significant momentum yet his mount ran on over the final stages to get 6th. The side-on view, indicated Ms O’Beirne to be only 1 length clear of Mr Riddell when she crossed.
Ms O’Beirne said she simply erred in her judgement.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms O’Beirne admitted the breach, it was deemed to be proved.
sumissionsforpenalty:
Mr Oatham said Ms O’Beirne had an excellent record until today having been charged with careless riding in Race 2. The Stewards considered her level of carelessness to be reasonably high but said the degree of interference was less so. Looking at the incident in its entirety Mr Oatham said Ms O’Beirne’s culpability was, in his opinion, just above midrange.
Ms O’Beirne was invited to make submissions on penalty but declined to do so.
reasonsforpenalty:
The Committee considered all submissions. Ms O’Beirne made a very sharp and sudden outward movement resulting in her crossing Mr Riddell’s mount when only approximately 1 length clear of that runner. The interference resulted in a loss of momentum to TIMES TICKING who finished off the race well to run into 6th place. It was perhaps fortunate that Mr Riddell was an experienced rider and was able to take immediate evasive action otherwise, the consequences may have been more severe.
It was the opinion of the Committee that the incident was higher than midrange and we adopted a starting point of 9 days suspension. In mitigation, we considered Ms O’Beirne’s ready admission of the breach and notwithstanding her charge in the previous race, her record to be good.
It was our opinion that an 8-day suspension was an appropriate penalty. This is to follow on from the suspension imposed after Race 2 today.
penalty:
Accordingly, Ms O’Beirne’s license is suspended from the close of racing on Wednesday October 23rd up to and including racing on Saturday November 2nd 2019.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Ms C O'Beirne - Apprentice Rider
Otherperson: Ms K Clapperton - Central Districts Apprentice Mentor, Mr D Balcombe - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 0c5cf759e602773793ca351009acb175
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d02c4d82dfe3cdd32d1da6859395f895
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/10/2019
meet_title: Hawkes Bay RI - 5 October 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: NMcCutcheon
meet_pm2: none
name: Hawkes Bay RI