Marlborough RC – 23 April 2009 – Race 3
ID: JCA22319
Hearing Type (Code):
harness-racing
Meet Title:
Marlborough RC - 23 April 2009
Race Date:
2009/04/23
Race Number:
Race 3
Decision:
Information 057 was filed by Stipendiary Steward Mr R Neal against Mr J Bates under rule 871(1)(d) alleging that “near the 1000m he (J Bates) permitted his mount FLYING TRIO to shift in when not clear of BELLE MAREE (J Morris) which had to be checked”
--
Information 057 was filed by Stipendiary Steward Mr R Neal against Mr J Bates under rule 871(1)(d) alleging that “near the 1000m he (J Bates) permitted his mount FLYING TRIO to shift in when not clear of BELLE MAREE (J Morris) which had to be checked”
--Rule 871(1)(d)) states “Every rider commits a breach of these rules who in the opinion of the Judicial Committee is guilty of riding that was ......careless”.
--Mr Bates said he understood the charge and the rule it was laid under. He indicated on the information he admitted this breach of the rules and he confirmed this at the hearing. The charge is therefore deemed to be proved.
Chief Stipendiary Steward Mr Sanders showed the film which showed Mr Bates positioned outside the leader at approximately the 1000m mark. He said at that point he decided to pull out of a speed dual to get to the front and drop back to get a better position. In doing so he moved across to the rail when not the required length plus another length ahead of Ms Morris who was trailing the leader. Ms Morris had to then restrain BELLE MAREE out of the trailing position.
Mr Bates agreed with Mr Sanders interpretation of the film and also said that having moved in he looked behind to make sure Ms Morris was OK as he realised he had come across when not the required distance ahead of her.
--Penalty Submissions
--Mr Neal advised Mr Bates had not been charged under this rule during the previous 12 months. He described the incident at the low end of the scale but also that his actions did require Ms Morris to check and as a result she was denied her rightful place in the race. He indicated a period of suspension was an appropriate penalty.
--Mr Bates said that he wanted to ride at the premier meeting at Riccarton on Saturday 2 May 2009. He also said he intended riding at the Hawkes Bay meeting on Thursday 30 April but confirmed he did not wish to seek a deferment to the commencement of any suspension that might be imposed.
--Decision
--In coming to a decision on penalty we have taken into account your admittance of the breach and your exemplary riding record. The Stipendiary Steward has described the degree of carelessness as low and we concur with that assessment. Normally we would consider a 4 day suspension, however, given the mitigating factors detailed above we are prepared to reduce the 4 days to 3 days. You are suspended from the close of racing today Thursday 23 April 2009 until the close of racing on Friday 1 May 2009 ie 3 days being Blenheim (26 April), Hawkes Bay (30 April), and Riverton (1 May).
--
P Williams J Phelan
Chair Committee Member
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: b3a9eddc2d87dd09a50e691b3489a005
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 23/04/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Marlborough RC - 23 April 2009 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Information 057 was filed by Stipendiary Steward Mr R Neal against Mr J Bates under rule 871(1)(d) alleging that “near the 1000m he (J Bates) permitted his mount FLYING TRIO to shift in when not clear of BELLE MAREE (J Morris) which had to be checked”
--
Information 057 was filed by Stipendiary Steward Mr R Neal against Mr J Bates under rule 871(1)(d) alleging that “near the 1000m he (J Bates) permitted his mount FLYING TRIO to shift in when not clear of BELLE MAREE (J Morris) which had to be checked”
--Rule 871(1)(d)) states “Every rider commits a breach of these rules who in the opinion of the Judicial Committee is guilty of riding that was ......careless”.
--Mr Bates said he understood the charge and the rule it was laid under. He indicated on the information he admitted this breach of the rules and he confirmed this at the hearing. The charge is therefore deemed to be proved.
Chief Stipendiary Steward Mr Sanders showed the film which showed Mr Bates positioned outside the leader at approximately the 1000m mark. He said at that point he decided to pull out of a speed dual to get to the front and drop back to get a better position. In doing so he moved across to the rail when not the required length plus another length ahead of Ms Morris who was trailing the leader. Ms Morris had to then restrain BELLE MAREE out of the trailing position.
Mr Bates agreed with Mr Sanders interpretation of the film and also said that having moved in he looked behind to make sure Ms Morris was OK as he realised he had come across when not the required distance ahead of her.
--Penalty Submissions
--Mr Neal advised Mr Bates had not been charged under this rule during the previous 12 months. He described the incident at the low end of the scale but also that his actions did require Ms Morris to check and as a result she was denied her rightful place in the race. He indicated a period of suspension was an appropriate penalty.
--Mr Bates said that he wanted to ride at the premier meeting at Riccarton on Saturday 2 May 2009. He also said he intended riding at the Hawkes Bay meeting on Thursday 30 April but confirmed he did not wish to seek a deferment to the commencement of any suspension that might be imposed.
--Decision
--In coming to a decision on penalty we have taken into account your admittance of the breach and your exemplary riding record. The Stipendiary Steward has described the degree of carelessness as low and we concur with that assessment. Normally we would consider a 4 day suspension, however, given the mitigating factors detailed above we are prepared to reduce the 4 days to 3 days. You are suspended from the close of racing today Thursday 23 April 2009 until the close of racing on Friday 1 May 2009 ie 3 days being Blenheim (26 April), Hawkes Bay (30 April), and Riverton (1 May).
--
P Williams J Phelan
Chair Committee Member
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 871.1.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d99547ad94158d1ed473c13d688f5da7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f4f0f520fbfa7d73293d2913bef83145
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/04/2009
meet_title: Marlborough RC - 23 April 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-rc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Marlborough RC