Archive Decision

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Kurow JC 30 December 2020 – R 3 – Chair, Prof G Hall

ID: JCA13670

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr R Cuneen - Licensed Jockey

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A11761

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Kurow JC - 30 December 2020

Meet Chair:
GHall

Race Date:
2020/12/30

Race Number:
R 3

Decision:

Mr Cuneen has admitted the charge and it is found proved.

Penalty:

Mr Cuneen is suspended from the end of racing on 3 January 2021 up to and including 10 January. This is four days, and he is fined the sum of $250.

Facts:

Following the running of Race 3 the Stewards charged Mr Cuneen with a breach of r 638(1)(d) in that he permitted his mount TRADITION to shift outwards over the final 100 metres hampering WATCHMAKER which was dictated over extra ground.

Mr Davidson referred to the videos that had been shown during the earlier protest which evidenced that the Respondent had allowed his mount to shift wider on the track over the final 100 metres. He said there it was a significant shift by TRADITION. The obligation on Mr Cuneen was to straighten his mount. He had not done this.

Mr Cuneen said he had thought he was in front of WATCHMAKER far enough for him to shift. He said TRADITION was racing greenly. He thought WATCHMAKER was also green, as it had shifted out a little as well.

Submissions for Penalty:

Mr Davidson produced Mr Cuneen’s record which showed one previous breach of this Rule in the last 12 months. This was Mr Cuneen’s second breach in six months. Mr Davidson described this as a good record. He described the breach as low range but emphasised there had been a relegation as a consequence.

Mr Cuneen did not seek deferment of the suspension.

Reasons for Penalty:

The NZTR Revised Penalty Guidelines for careless riding provide a starting point of a $250 fine and a 4-day suspension for a low-range breach. The Committee accepts the Informant’s description of the breach as being low range as correct. Mr Cuneen has allowed his mount to shift out passing the 100 metres dictating the line of WATCHMAKER. He failed to take corrective action. There was interference to WATCHMAKER, which resulted in the Respondent’s mount being relegated. Taking this into account, together with Mr Cuneen’s good record and his admission of the breach, a penalty at the starting point in the Guidelines is appropriate.

Decision Date: 01/01/2021

Publish Date: 01/01/2021

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: 56662616aff8f04d0747a4dc7f2676b3


informantnumber: A11761


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 01/01/2021


hearing_title: Kurow JC 30 December 2020 - R 3 - Chair, Prof G Hall


charge:


facts:

Following the running of Race 3 the Stewards charged Mr Cuneen with a breach of r 638(1)(d) in that he permitted his mount TRADITION to shift outwards over the final 100 metres hampering WATCHMAKER which was dictated over extra ground.

Mr Davidson referred to the videos that had been shown during the earlier protest which evidenced that the Respondent had allowed his mount to shift wider on the track over the final 100 metres. He said there it was a significant shift by TRADITION. The obligation on Mr Cuneen was to straighten his mount. He had not done this.

Mr Cuneen said he had thought he was in front of WATCHMAKER far enough for him to shift. He said TRADITION was racing greenly. He thought WATCHMAKER was also green, as it had shifted out a little as well.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Cuneen has admitted the charge and it is found proved.


sumissionsforpenalty:

Mr Davidson produced Mr Cuneen’s record which showed one previous breach of this Rule in the last 12 months. This was Mr Cuneen’s second breach in six months. Mr Davidson described this as a good record. He described the breach as low range but emphasised there had been a relegation as a consequence.

Mr Cuneen did not seek deferment of the suspension.


reasonsforpenalty:

The NZTR Revised Penalty Guidelines for careless riding provide a starting point of a $250 fine and a 4-day suspension for a low-range breach. The Committee accepts the Informant’s description of the breach as being low range as correct. Mr Cuneen has allowed his mount to shift out passing the 100 metres dictating the line of WATCHMAKER. He failed to take corrective action. There was interference to WATCHMAKER, which resulted in the Respondent’s mount being relegated. Taking this into account, together with Mr Cuneen’s good record and his admission of the breach, a penalty at the starting point in the Guidelines is appropriate.


penalty:

Mr Cuneen is suspended from the end of racing on 3 January 2021 up to and including 10 January. This is four days, and he is fined the sum of $250.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr R Cuneen - Licensed Jockey


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 519679c100fb8d1003c29ee055aae132


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: b674180fca112beb8d8f7dc43279f1f3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/12/2020


meet_title: Kurow JC - 30 December 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kurow-jc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Kurow JC