Archive Decision

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Manawatu RC 28 July 2016 – R 7 – Chair, Mrs N Moffatt

ID: JCA10464

Applicant:
Mr G Whiterod - Stipendiary Steward

Respondent(s):
Mr S O'Malley - Apprentice Rider

Other Person:
Mr B Lammas - Licensed Trainer assisting Mr O'Malley, Mr N Goodwin - Stipendiary Steward

Information Number:
A6844

Hearing Type:
Hearing

New Charge:
Failing to ride out

Rules:
636(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Manawatu RC - 28 July 2016

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2016/07/28

Race Number:
R 7

Decision:

As the breach was admitted, the charge was found proved.

Penalty:

Accordingly Mr O’Malley is suspended from the conclusion of racing today up to and including racing on Thursday August 25th.

Facts:

Following the running of Race 7, an Information was lodged by Mr G Whiterod alleging a breach of Rule 636 (1)(d) in that Sam O’Malley (KING MAX) failed to ride his mount out fully to the line and was beaten for third placing by half a head.

Rule 636 (1) (d) reads:

A person:

being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.

Mr O’Malley acknowledged he understood the rule and the nature of the charge. He confirmed his admission of the breach and was assisted at the hearing by his employer Mr B Lammas.

Mr Goodwin showed side-on and head-on films of the concluding stages of the race explaining the reason for the charge. Mr O’Malley was holding third place when 3-4 strides from the line he could be seen to relax his ride. The fast finishing TRISHEA LEA, wider out on the track, got up to beat KING MAX by half a head. Mr Goodwin played the side-on film in slow motion drawing the Committee’s attention to the body position of Mr O’Malley. Over the concluding stages he was crouched low urging his horse forward but four strides short of the line Mr O’Malley raised his back-end which clearly indicated he was easing up.

Mr Lammas spoke on behalf of Mr O’Malley. He agreed with Mr Goodwin’s interpretation of the incident but said there were mitigating factors (outlined below under penalty submissions).

Submissions for Penalty:

Mr Whiterod said this was Mr O’Malley’s first ever race-day and his second ride for the day. It was quite clear that he “sat up” on KING MAX and was beaten out of third place. Punters who had backed his mount had been affected by Mr O’Malley’s misjudgement which resulted in him missing a dividend bearing placing. Mr Whiterod submitted a penalty in line with the Judicial Committee penalty guide was appropriate.

Mr Lammas submitted that KING MAX had tended to roll out over the final stages and Mr O’Malley was trying to keep a straight line. While accepting that he had not ridden his horse out completely to the finish line Mr Lammas urged the Committee to consider Mr O’Malley’s inexperience. He said at that stage of the race his legs would have been burning and it was not a foregone conclusion that even if he had kept riding KING MAX would have held third place.

Reasons for Penalty:

The Committee had regard to all of the submissions. Mr O’Malley clearly stopped urging his mount forward four strides prior to the finish line and finished in fourth place. Punters must have confidence in jockeys pushing right to the line and the charge was warranted. The penalty guide for Judicial Committees has a sliding scale for breaches of this rule. A rider missing out on third place faces a starting point of three weeks suspension. There are mitigating factors in today’s breach. Mr O’Malley is an inexperienced apprentice and presented today for his first ever race-day riding. He would have had much on his mind. We also took into account the track conditions and the fact that horses do stop quickly in heavy ground. The horse that beat KING MAX into third placing was racing wider out on the track and came quickly from back in the field. Mr O’Malley’s inexperience may have prevented him being aware of this runner. We also had regard to his admission of the breach.

The mitigating factors identified would usually have resulted in a reduction from the three week starting point however the Committee, on viewing the racing calendar, note that there are very few Central Districts race days over the next month. We considered a three week period to be a fair penalty taking into account the limited number of days available to Mr O’Malley over this time frame.

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: 0368436022c095ffcdbe664e7f25abbc


informantnumber: A6844


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failing to ride out


plea: admitted


penaltyrequired: 1


decisiondate: 29/07/2016


hearing_title: Manawatu RC 28 July 2016 - R 7 - Chair, Mrs N Moffatt


charge:


facts:

Following the running of Race 7, an Information was lodged by Mr G Whiterod alleging a breach of Rule 636 (1)(d) in that Sam O’Malley (KING MAX) failed to ride his mount out fully to the line and was beaten for third placing by half a head.

Rule 636 (1) (d) reads:

A person:

being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.

Mr O’Malley acknowledged he understood the rule and the nature of the charge. He confirmed his admission of the breach and was assisted at the hearing by his employer Mr B Lammas.

Mr Goodwin showed side-on and head-on films of the concluding stages of the race explaining the reason for the charge. Mr O’Malley was holding third place when 3-4 strides from the line he could be seen to relax his ride. The fast finishing TRISHEA LEA, wider out on the track, got up to beat KING MAX by half a head. Mr Goodwin played the side-on film in slow motion drawing the Committee’s attention to the body position of Mr O’Malley. Over the concluding stages he was crouched low urging his horse forward but four strides short of the line Mr O’Malley raised his back-end which clearly indicated he was easing up.

Mr Lammas spoke on behalf of Mr O’Malley. He agreed with Mr Goodwin’s interpretation of the incident but said there were mitigating factors (outlined below under penalty submissions).


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted, the charge was found proved.


sumissionsforpenalty:

Mr Whiterod said this was Mr O’Malley’s first ever race-day and his second ride for the day. It was quite clear that he “sat up” on KING MAX and was beaten out of third place. Punters who had backed his mount had been affected by Mr O’Malley’s misjudgement which resulted in him missing a dividend bearing placing. Mr Whiterod submitted a penalty in line with the Judicial Committee penalty guide was appropriate.

Mr Lammas submitted that KING MAX had tended to roll out over the final stages and Mr O’Malley was trying to keep a straight line. While accepting that he had not ridden his horse out completely to the finish line Mr Lammas urged the Committee to consider Mr O’Malley’s inexperience. He said at that stage of the race his legs would have been burning and it was not a foregone conclusion that even if he had kept riding KING MAX would have held third place.


reasonsforpenalty:

The Committee had regard to all of the submissions. Mr O’Malley clearly stopped urging his mount forward four strides prior to the finish line and finished in fourth place. Punters must have confidence in jockeys pushing right to the line and the charge was warranted. The penalty guide for Judicial Committees has a sliding scale for breaches of this rule. A rider missing out on third place faces a starting point of three weeks suspension. There are mitigating factors in today’s breach. Mr O’Malley is an inexperienced apprentice and presented today for his first ever race-day riding. He would have had much on his mind. We also took into account the track conditions and the fact that horses do stop quickly in heavy ground. The horse that beat KING MAX into third placing was racing wider out on the track and came quickly from back in the field. Mr O’Malley’s inexperience may have prevented him being aware of this runner. We also had regard to his admission of the breach.

The mitigating factors identified would usually have resulted in a reduction from the three week starting point however the Committee, on viewing the racing calendar, note that there are very few Central Districts race days over the next month. We considered a three week period to be a fair penalty taking into account the limited number of days available to Mr O’Malley over this time frame.


penalty:

Accordingly Mr O’Malley is suspended from the conclusion of racing today up to and including racing on Thursday August 25th.


hearing_type: Hearing


Rules: 636(1)(d)


Informant: Mr G Whiterod - Stipendiary Steward


JockeysandTrainer: Mr S O'Malley - Apprentice Rider


Otherperson: Mr B Lammas - Licensed Trainer assisting Mr O'Malley, Mr N Goodwin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2836c8539de8cd855c15a1320206d18d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c6a6756aae4d2096cc45992ab967e205


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/07/2016


meet_title: Manawatu RC - 28 July 2016


meet_expappcomment:


meet_km:


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tracklocation: manawatu-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TCastles


meet_pm2: none


name: Manawatu RC