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Manawatu RC 26 December 2011 – R 9

ID: JCA18002

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Miss K Scallan - Apprentice Jockey

Other Person:
Mr K Gray - Licensed Trainer

Information Number:
3011

Hearing Type:
Hearing

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Manawatu RC - 26 December 2011

Meet Chair:
TUtikere

Meet Committee Member 1:
NMoffatt

Race Date:
2011/12/26

Race Number:
Race 9

Decision:

As the charge was admitted it was found to be proved.

Penalty:

Apprentice Scallan’s licence to ride will be suspended from the conclusion of racing on Wednesday 28 December 2011 until the conclusion of racing on Sunday 1 January 2012. This is a total of three (3) days. This incorporates the Taupo (30th), Stratford (31st) and Hawke’s Bay (1st) meetings.

Charge:

Following Race 9, Apprentice Jockey, K Scallan, was charged with careless riding under Rule 638(1)(d). The information stated ”that passing the 1000m, K Scallan has allowed her mount CULLEVER to shift in when not clear, causing tightening to POWELKA, which was checked and shifted in on to GUS, which had to steady.”

Facts:

Miss Scallan, assisted by Licensed Trainer Mr K Gray, indicated to the committee that she understood Rule 638 (1)(d), and that she admitted the breach.

Using the head-on film, Mr Goodwin identified the runners concerned: GUS (M Sweeney) racing near the rail, to his outside was POWELKA (D Walker), and Miss Scallan’s mount CULLEVER which was racing ahead of, but positioned to the outside of, POWELKA.

Approximately near the 1000m, Stipendiary Stewards believed Miss Scallan misjudged things and shifted inwards when not sufficiently clear of POWELKA, who as a result was tightened. The Stewards were also of the view that Mr Sweeney’s mount, GUS, was also affected, albeit to a lesser extent, as he had been jostled as a result of the carelessness. Mr Goodwin indicated that the Stewards were mainly concerned about the interference to POWELKA, as a result of Miss Scallan’s horse not being clear when shifting ground. Mr Goodwin also pointed out that the film showed Miss Scallan looking to get a position closer to the running rail, but re-emphasised that when such a move is undertaken, riders must ensure that their mount is the required distance clear before doing so.

As a result of speaking with Mr Walker, Stewards submitted that CULLEVER was approximatey ¾ lengths clear of POWELKA when she had shifted ground and as a result, Mr Walker indicated that he had to take a hold of his mount at approximately the 1000m mark. Mr Goodwin used the side-film to show Mr Walker and Mr Sweeney taking a reasonable hold of their respective mounts.

When asked if Miss Scallan wished to make any comments regarding the incident, Mr Gray commented that Apprentice Scallan did think she was the required distance clear and did not intentionally shift when not clear. He reiterated Miss Scallan’s belief that she was sufficiently clear to make the move.

Submissions for Penalty:

Mr Goodwin submitted that Stewards placed the interference at the relatively low end of the scale, and that Miss Scallan had not been charged, nor appeared before a judicial committee since she commenced riding in New Zealand. Mr Goodwin did not believe a five (5) day suspension was warranted on this basis. He submitted that a four (4) day suspension would be appropriate. In summary, he re-emphasised that Miss Scallan’s carelessness fell at the lower end of the scale, which in the Stewards’ view, was supported by Mr Walker’s comment that he didn’t have to check, but did have to take a firm hold of POWELKA.

In response to a question from the committee, Ms Scallan confirmed that she had been riding in New Zealand for 2 months. Prior to riding in New Zealand, she has ridden nine (9) winners overseas, and three (3) winners whilst in New Zealand. When invited to make submissions on penalty, Miss Scallan indicated a desire for any period of suspension to take effect from the conclusion of racing on Wednesday 28 December. Miss Scallan also commented that she rode, or intended to ride, in the North and South Island on a regular basis.

Reasons for Penalty:

The committee had regard to all of the submissions put before it. The rules of racing exist to ensure the safety and protection of all participants. A careless riding breach therefore incorporates an inherent element of aggravation. It was our opinion that a period of suspension was an appropriate penalty on this occasion, and we adopted a starting point of five (5) days. We are also satisfied, based on the information placed before us, that Miss Scallan is considered as a North and South Island rider. In terms of mitigation, there were a number of factors which the committee took into consideration. Such factors were, Miss Scallan’s early admittance of the breach, her judicial record in New Zealand; having not appeared before a judicial committee before, and her relative inexperience as a new apprentice rider to the domestic scene. We also noted the emphasis by the Stipendiary Stewards that the carelessness fell at the lower end, which we accept. These mitigating factors, in our view, reduced the five (5) day starting point by a quantum of two (2) days.

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: e0b5d04d6e9efb07f6930ab320841474


informantnumber: 3011


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/12/2011


hearing_title: Manawatu RC 26 December 2011 - R 9


charge:

Following Race 9, Apprentice Jockey, K Scallan, was charged with careless riding under Rule 638(1)(d). The information stated ”that passing the 1000m, K Scallan has allowed her mount CULLEVER to shift in when not clear, causing tightening to POWELKA, which was checked and shifted in on to GUS, which had to steady.”


facts:

Miss Scallan, assisted by Licensed Trainer Mr K Gray, indicated to the committee that she understood Rule 638 (1)(d), and that she admitted the breach.

Using the head-on film, Mr Goodwin identified the runners concerned: GUS (M Sweeney) racing near the rail, to his outside was POWELKA (D Walker), and Miss Scallan’s mount CULLEVER which was racing ahead of, but positioned to the outside of, POWELKA.

Approximately near the 1000m, Stipendiary Stewards believed Miss Scallan misjudged things and shifted inwards when not sufficiently clear of POWELKA, who as a result was tightened. The Stewards were also of the view that Mr Sweeney’s mount, GUS, was also affected, albeit to a lesser extent, as he had been jostled as a result of the carelessness. Mr Goodwin indicated that the Stewards were mainly concerned about the interference to POWELKA, as a result of Miss Scallan’s horse not being clear when shifting ground. Mr Goodwin also pointed out that the film showed Miss Scallan looking to get a position closer to the running rail, but re-emphasised that when such a move is undertaken, riders must ensure that their mount is the required distance clear before doing so.

As a result of speaking with Mr Walker, Stewards submitted that CULLEVER was approximatey ¾ lengths clear of POWELKA when she had shifted ground and as a result, Mr Walker indicated that he had to take a hold of his mount at approximately the 1000m mark. Mr Goodwin used the side-film to show Mr Walker and Mr Sweeney taking a reasonable hold of their respective mounts.

When asked if Miss Scallan wished to make any comments regarding the incident, Mr Gray commented that Apprentice Scallan did think she was the required distance clear and did not intentionally shift when not clear. He reiterated Miss Scallan’s belief that she was sufficiently clear to make the move.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was found to be proved.


sumissionsforpenalty:

Mr Goodwin submitted that Stewards placed the interference at the relatively low end of the scale, and that Miss Scallan had not been charged, nor appeared before a judicial committee since she commenced riding in New Zealand. Mr Goodwin did not believe a five (5) day suspension was warranted on this basis. He submitted that a four (4) day suspension would be appropriate. In summary, he re-emphasised that Miss Scallan’s carelessness fell at the lower end of the scale, which in the Stewards’ view, was supported by Mr Walker’s comment that he didn’t have to check, but did have to take a firm hold of POWELKA.

In response to a question from the committee, Ms Scallan confirmed that she had been riding in New Zealand for 2 months. Prior to riding in New Zealand, she has ridden nine (9) winners overseas, and three (3) winners whilst in New Zealand. When invited to make submissions on penalty, Miss Scallan indicated a desire for any period of suspension to take effect from the conclusion of racing on Wednesday 28 December. Miss Scallan also commented that she rode, or intended to ride, in the North and South Island on a regular basis.


reasonsforpenalty:

The committee had regard to all of the submissions put before it. The rules of racing exist to ensure the safety and protection of all participants. A careless riding breach therefore incorporates an inherent element of aggravation. It was our opinion that a period of suspension was an appropriate penalty on this occasion, and we adopted a starting point of five (5) days. We are also satisfied, based on the information placed before us, that Miss Scallan is considered as a North and South Island rider. In terms of mitigation, there were a number of factors which the committee took into consideration. Such factors were, Miss Scallan’s early admittance of the breach, her judicial record in New Zealand; having not appeared before a judicial committee before, and her relative inexperience as a new apprentice rider to the domestic scene. We also noted the emphasis by the Stipendiary Stewards that the carelessness fell at the lower end, which we accept. These mitigating factors, in our view, reduced the five (5) day starting point by a quantum of two (2) days.


penalty:

Apprentice Scallan’s licence to ride will be suspended from the conclusion of racing on Wednesday 28 December 2011 until the conclusion of racing on Sunday 1 January 2012. This is a total of three (3) days. This incorporates the Taupo (30th), Stratford (31st) and Hawke’s Bay (1st) meetings.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Miss K Scallan - Apprentice Jockey


Otherperson: Mr K Gray - Licensed Trainer


PersonPresent:


Respondent:


StipendSteward:


raceid: e9f14d8408e60d5b063e7060a2e11972


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


submittochair:


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meetid: 13c0074a304c2beef8368adf4ab5cec1


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meetdate: 26/12/2011


meet_title: Manawatu RC - 26 December 2011


meet_expappcomment:


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tracklocation: manawatu-rc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: NMoffatt


meet_pm2: none


name: Manawatu RC