Archive Decision

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Manawatu RC – 28 March 2009 – Race 8

ID: JCA18562

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Manawatu RC - 28 March 2009

Race Date:
2009/03/28

Race Number:
Race 8

Decision:

Following the running of Race 8, The Fairdale/Goodwood Studs Flying Handicap (Listed Race), Mr J. Walsh was charged with careless riding under rule 871 (1) (d). The information alleged Mr J. Walsh rounding the home turn permitted his mount FRIVOLOUS to shift out taking ELCEES GOLD (B.Lammas) outwards into the rightful running of HITCHCOCK (N.Harris) which resulted in HITCHCOCK being severely checked. ELCEES GOLD has also been hampered.

--

 



Following the running of Race 8, The Fairdale/Goodwood Studs Flying Handicap (Listed Race), Mr J. Walsh was charged with careless riding under rule 871 (1) (d). The information alleged Mr J. Walsh rounding the home turn permitted his mount FRIVOLOUS to shift out taking ELCEES GOLD (B.Lammas) outwards into the rightful running of HITCHCOCK (N.Harris) which resulted in HITCHCOCK being severely checked. ELCEES GOLD has also been hampered.

--

 Mr Walsh did not admit the breach of rule 871(1) (d).
A hearing was opened on the day but was adjourned to allow Mr Walsh to call a witness, Ms. Sam Collett, who had already left the course.
Mr Walsh was also unhappy with the quality of the films showing the alleged incident.

--

The hearing resumed at Woodville on Wednesday April 1st and after viewing the films on a higher quality monitor and listening to the evidence supplied by Ms. S. Collett Mr Walsh indicated that he wished to admit the breach.

--

The incident had already been outlined by Mr Sanders and the videos interpreted by Mr Goodwin on the day of the race.
 At about the 400 meters Mr Walsh found himself behind Ms. S. Collett with his horse full of running. In order to obtain a clear run he turned his mounts head outwards to try and obtain a position to her outside.  There was only marginal room and he bumped the weakening ELCEES GOLD forcing that horse outwards which closed a gap on HITCHCOCK” who suffered severe interference.

--


Mr Walsh has been back riding for five months after four years away from racing and has had no suspensions in that time.
The Stewards placed the interference at the top end of the scale. HITCHCOCK” suffered a career-ending injury as a result of the interference and was one of the favourites for the listed race.
They called for a lengthy suspension and a monetary penalty of between $1000.00 and $1500.00.

--

Mr Walsh told the committee that he deeply regretted the situation with HITCHCOCK and accepted that a suspension was inevitable however as he hadn’t been back riding for very long he did not yet have a steady income from racing and said he was not in a position to pay a fine of that magnitude
He indicated that he had confirmed rides for Awapuni on Friday April 3rd.

--

Penalty
In coming to a decision on penalty the committee carefully considered all of the submissions put before it.
We have taken into account Mr Walsh’s admittance of the breach and his very good riding record however this has to be balanced by the degree of carelessness (high end) and the stake and status of the race.
We have also had regard to the consequential effects suffered by HITCHCOCK as a result of the interference and we have considered recent penalties imposed in listed races.
Mr Walsh is suspended from riding from the close of racing on Friday April 3rd until the close of racing on Monday May 1st, a period of four weeks. In the interests of consistency a monetary penalty is also imposed but acknowledging Mr Walsh’s financial circumstances this has been set at a lower level of $500.00.

--

N. Moffatt  T. Castles
Chair

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: 0878e887f982466b39b01e6ecd5dcebd


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 28/03/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Manawatu RC - 28 March 2009 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 8, The Fairdale/Goodwood Studs Flying Handicap (Listed Race), Mr J. Walsh was charged with careless riding under rule 871 (1) (d). The information alleged Mr J. Walsh rounding the home turn permitted his mount FRIVOLOUS to shift out taking ELCEES GOLD (B.Lammas) outwards into the rightful running of HITCHCOCK (N.Harris) which resulted in HITCHCOCK being severely checked. ELCEES GOLD has also been hampered.

--

 



Following the running of Race 8, The Fairdale/Goodwood Studs Flying Handicap (Listed Race), Mr J. Walsh was charged with careless riding under rule 871 (1) (d). The information alleged Mr J. Walsh rounding the home turn permitted his mount FRIVOLOUS to shift out taking ELCEES GOLD (B.Lammas) outwards into the rightful running of HITCHCOCK (N.Harris) which resulted in HITCHCOCK being severely checked. ELCEES GOLD has also been hampered.

--

 Mr Walsh did not admit the breach of rule 871(1) (d).
A hearing was opened on the day but was adjourned to allow Mr Walsh to call a witness, Ms. Sam Collett, who had already left the course.
Mr Walsh was also unhappy with the quality of the films showing the alleged incident.

--

The hearing resumed at Woodville on Wednesday April 1st and after viewing the films on a higher quality monitor and listening to the evidence supplied by Ms. S. Collett Mr Walsh indicated that he wished to admit the breach.

--

The incident had already been outlined by Mr Sanders and the videos interpreted by Mr Goodwin on the day of the race.
 At about the 400 meters Mr Walsh found himself behind Ms. S. Collett with his horse full of running. In order to obtain a clear run he turned his mounts head outwards to try and obtain a position to her outside.  There was only marginal room and he bumped the weakening ELCEES GOLD forcing that horse outwards which closed a gap on HITCHCOCK” who suffered severe interference.

--


Mr Walsh has been back riding for five months after four years away from racing and has had no suspensions in that time.
The Stewards placed the interference at the top end of the scale. HITCHCOCK” suffered a career-ending injury as a result of the interference and was one of the favourites for the listed race.
They called for a lengthy suspension and a monetary penalty of between $1000.00 and $1500.00.

--

Mr Walsh told the committee that he deeply regretted the situation with HITCHCOCK and accepted that a suspension was inevitable however as he hadn’t been back riding for very long he did not yet have a steady income from racing and said he was not in a position to pay a fine of that magnitude
He indicated that he had confirmed rides for Awapuni on Friday April 3rd.

--

Penalty
In coming to a decision on penalty the committee carefully considered all of the submissions put before it.
We have taken into account Mr Walsh’s admittance of the breach and his very good riding record however this has to be balanced by the degree of carelessness (high end) and the stake and status of the race.
We have also had regard to the consequential effects suffered by HITCHCOCK as a result of the interference and we have considered recent penalties imposed in listed races.
Mr Walsh is suspended from riding from the close of racing on Friday April 3rd until the close of racing on Monday May 1st, a period of four weeks. In the interests of consistency a monetary penalty is also imposed but acknowledging Mr Walsh’s financial circumstances this has been set at a lower level of $500.00.

--

N. Moffatt  T. Castles
Chair


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


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meetdate: 28/03/2009


meet_title: Manawatu RC - 28 March 2009


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