Levin RC 26 November 2010 – R 8
ID: JCA12550
Code:
Thoroughbred
Meet Title:
Levin RC - 26 November 2010
Meet Chair:
NMoffatt
Meet Committee Member 1:
ISmith
Race Date:
2010/11/26
Race Number:
R 8
Decision:
As he admitted the breach the charge was found to be proved.
Penalty:
Mr Carmine is suspended from riding from the close of racing on Saturday November 27th until the close of racing on Sunday December 5th which equates to four North Island days.
Charge:
An information was filed by Mr J Oatham alleging a breach of Rule 638 (1) (d) in that near the 600 metres C Carmine the rider of Alignadreams improved his mount into a run when there was insufficient room, resulting in Pendulum being checked.
Facts:
Mr Oatham read Rule 638 (1) (d) and Mr Carmine confirmed that he understood the rule and the procedure to be followed.
Mr Oatham explained the incident using the race video. Mr Carmine was in a position two off the fence with Pendulum on his inside next to the rail. Mr Bosson was directly in front of Mr Carmine and as they rounded the bend Mr Bosson’s horse rolled outwards slightly. Mr Carmine’s horse was racing keenly so when he saw Mr Bosson begin to move outwards he made the decision to improve his mount into the gap that he thought was about to appear. The gap did not really widen far enough with the result being that Pendulum, who was on the rail, received quite a severe check.
Submissions for Penalty:
Mr Oatham said that Mr Carmine did not have any charges in the previous 12 month period however this was a Premier race day and the interference suffered by Pendulum was reasonably severe. His submission was for a suspension in the vicinity of four to six days. He also said that Mr Carmine rides throughout the North Island.
Mr Carmine asked the committee to take into account his clean record and the fact that his horse was racing keenly at the time. He also said that he doesn’t get many rides and advised the committee that he had no riding commitments in the next seven days.
Reasons for Penalty:
In coming to a decision on penalty the committee considered all of the evidence and submissions presented.
We took into account Mr Carmine’s admission of the breach and his excellent record. Pendulum did receive quite a severe check however Mr Carmine’s decision to move forward into the gap was not unreasonable. His horse was racing unkindly and when he noticed Mr Bosson, directly in front of him, roll outwards he made a split second decision to go forward. Unfortunately the gap never widened further and Pendulum to his inside ran out of room up against the rail. In our opinion his degree of carelessness was not at the high end.
Mr Oatham correctly mentioned that this was a Premier race day however the race in question was not a “black-type” race and was not run for a significantly higher stake than other race days therefore we did not believe that Mr Carmine’s breach should attract a higher penalty.
We were satisfied 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: 36e16c6d5d7a46bd9728d254120bb403
informantnumber: 5365
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 22/11/2010
hearing_title: Levin RC 26 November 2010 - R 8
charge:
An information was filed by Mr J Oatham alleging a breach of Rule 638 (1) (d) in that near the 600 metres C Carmine the rider of Alignadreams improved his mount into a run when there was insufficient room, resulting in Pendulum being checked.
facts:
Mr Oatham read Rule 638 (1) (d) and Mr Carmine confirmed that he understood the rule and the procedure to be followed.
Mr Oatham explained the incident using the race video. Mr Carmine was in a position two off the fence with Pendulum on his inside next to the rail. Mr Bosson was directly in front of Mr Carmine and as they rounded the bend Mr Bosson’s horse rolled outwards slightly. Mr Carmine’s horse was racing keenly so when he saw Mr Bosson begin to move outwards he made the decision to improve his mount into the gap that he thought was about to appear. The gap did not really widen far enough with the result being that Pendulum, who was on the rail, received quite a severe check.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As he admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Oatham said that Mr Carmine did not have any charges in the previous 12 month period however this was a Premier race day and the interference suffered by Pendulum was reasonably severe. His submission was for a suspension in the vicinity of four to six days. He also said that Mr Carmine rides throughout the North Island.
Mr Carmine asked the committee to take into account his clean record and the fact that his horse was racing keenly at the time. He also said that he doesn’t get many rides and advised the committee that he had no riding commitments in the next seven days.
reasonsforpenalty:
In coming to a decision on penalty the committee considered all of the evidence and submissions presented.
We took into account Mr Carmine’s admission of the breach and his excellent record. Pendulum did receive quite a severe check however Mr Carmine’s decision to move forward into the gap was not unreasonable. His horse was racing unkindly and when he noticed Mr Bosson, directly in front of him, roll outwards he made a split second decision to go forward. Unfortunately the gap never widened further and Pendulum to his inside ran out of room up against the rail. In our opinion his degree of carelessness was not at the high end.
Mr Oatham correctly mentioned that this was a Premier race day however the race in question was not a “black-type” race and was not run for a significantly higher stake than other race days therefore we did not believe that Mr Carmine’s breach should attract a higher penalty.
We were satisfied that a four day suspension was an appropriate penalty.
penalty:
Mr Carmine is suspended from riding from the close of racing on Saturday November 27th until the close of racing on Sunday December 5th which equates to four North Island days.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J Oatham
JockeysandTrainer: C Carmine
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 34d3af6e4a2fa159610ea941dc4542a6
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: 0887b060e761f130619563182bec9a12
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/11/2010
meet_title: Levin RC - 26 November 2010
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "NMoffatt", "Member": "", "OtherExpenses": "0", "KMs": "160", "Total": "99.2", "kmprice": 99.200000000000003, "Approved": "on"}]
meet_otherexp:
tracklocation: levin-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: ISmith
meet_pm2: none
name: Levin RC