Archive Decision

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Marlborough RC 29 April 2018 – R 1 – Chair, Mr P Williams

ID: JCA12915

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Ms A Comignaghi - Apprentice Jockey

Other Person:
Mr J McLaughlin - Stipendiary Steward, Mr D Walsh - Apprentice Jockey Mentor assisting Miss Comignaghi

Information Number:
8160

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Marlborough RC - 29 April 2018

Meet Chair:
PWilliams

Meet Committee Member 1:
MConway

Race Date:
2018/04/29

Race Number:
R 1

Decision:

As Ms Comignaghi admitted the breach the charge is found proved.

Penalty:

Ms Comignaghi is suspended from the close of racing on Saturday 5 May 2018 to the close of racing on Wednesday 16 May 2018.

Facts:

Following the running of race 1, the “Brian Gardiner Clean Maiden 1000”, Information A8160 was filed by Stipendiary Steward, Mr M Davidson under Rule 638(1)(d). The Information stated “that A Comignaghi (Mahidun) allowed her mount to shift inwards near the 800m causing “Mathieu” (J Bassett) to be taken inwards resulting in “Happy Sea Dragon” (T Johnson) to be (sic) severely restrained and checked.”
 
Ms Comignaghi signed the Information stating she admitted the breach and at the beginning of the hearing confirmed that was correct and also that she understood the Rule under which she was charged. Ms Comignaghi was assisted during the hearing by Mr Walsh, Apprentice Jockey Mentor.
 
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be..........careless”.

Submissions for Decision:

Stipendiary Steward, Mr McLaughlin, using the head-on and side-on films, identified Ms Comignaghi who had drawn 12 in the 13 horse field shortly after the start of the 1000m race. He said approaching the 800m mark Ms Comignaghi could be seen moving across to take up a position closer to the rail. He said as she continued to come across she was no more than 1-1.25 lengths in front of Ms Bassett on “Mathieu” which was dictated inwards onto “Happy Sea Dragon” which had to be severely restrained and checked.
 
Ms Comignaghi said she thought she was clear of Ms Bassett as she continued to move across and never heard her call out but after viewing the films of the incident conceded that she had caused the crowding to “Mathieu” and “Happy Sea Dragon”. To a question from the Committee Ms Comignaghi confirmed “Mahidun” was racing kindly for her as she was moving inwards.
 
Mr Walsh did not dispute Mr McLaughlin’s interpretation of the films although he felt “Happy Sea Dragon” had overreacted to the pressure it received from “Mathieu” and this made the incident look worse than it was. He also felt Ms Comignaghi was 1.5 lengths in front of Ms Bassett when crossing her but conceded she was not the required 2 lengths in front as required.

Submissions for Penalty:

Mr Davidson said Ms Comignaghi had breached this Rule only once in the previous 12 months, that being on 7 April 2018 at Riccarton where she received a 6 national riding days suspension. He said this was a good record for a busy South Island jockey. He submitted the degree of severity was in the low/mid-range and added that the relative inexperience of Ms Bassett should be taken into account when determining an appropriate penalty and that a more experienced rider may have been able to anticipate what was going to happen and avoid being taken inwards to the extent she was. He also said he agreed with Mr Walsh that Mr Johnson’s mount had overreacted somewhat to the inwards movement of Ms Bassett - this being confirmed by Mr Johnson when talking to the Stewards after the race - but conceded that both Ms Bassett and Mr Johnson were entitled to their lines of running.
 
Mr Davidson said the Stewards believed a suspension of 7 national riding days was an appropriate penalty on this occasion.
 
Mr Walsh said that had there been more experienced riders on the two horses impacted by Ms Comignaghi’s inwards movement the incident may well have been avoided. He also asked the Committee to take into account Ms Comignaghi’s good riding record with only one breach of this Rule in the previous 12 months.

Reasons for Penalty:

The Committee has reviewed films of the incident and taken into account all the submissions made. Both views of the incident clearly show Ms Comignaghi moving across shortly after the start in order to take up a position closer to the running rail. As she moves across she can be seen looking to her inside but clearly misjudged how far she was in front of Ms Bassett which resulted in Ms Bassett being taken in onto Mr Johnson with the latter receiving a significant check. Whilst noting that Mr Johnson’s mount may have overreacted to the pressure received from Ms Bassett, had Ms Comignaghi been the required 2 lengths in front of Ms Bassett when crossing her the interference received by Ms Bassett and Mr Johnson would not have occurred.
 
The Committee assesses the severity of the breach to be in the mid-range. The starting point penalty for a mid-range breach of this Rule is a suspension of 8 national riding days. There are no aggravating factors to justify an increase in that starting point. On this occasion the Committee believes a reduction of 1 day is appropriate given Ms Comignaghi’s admittance of the breach and her good riding record over the past 12 months, notwithstanding the previous breach was only 3 weeks ago. Ms Comignaghi is therefore suspended for 7 national riding days.
 
Ms Comignaghi confirmed she wished her suspension to commence after racing on Saturday 5 May 2018 and the deferment of the penalty imposed today as requested by her was approved in terms of Rule 1106(2).

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: 685d483f6f20ffa182c374a9892b1748


informantnumber: 8160


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 30/04/2018


hearing_title: Marlborough RC 29 April 2018 - R 1 - Chair, Mr P Williams


charge:


facts:

Following the running of race 1, the “Brian Gardiner Clean Maiden 1000”, Information A8160 was filed by Stipendiary Steward, Mr M Davidson under Rule 638(1)(d). The Information stated “that A Comignaghi (Mahidun) allowed her mount to shift inwards near the 800m causing “Mathieu” (J Bassett) to be taken inwards resulting in “Happy Sea Dragon” (T Johnson) to be (sic) severely restrained and checked.”
 
Ms Comignaghi signed the Information stating she admitted the breach and at the beginning of the hearing confirmed that was correct and also that she understood the Rule under which she was charged. Ms Comignaghi was assisted during the hearing by Mr Walsh, Apprentice Jockey Mentor.
 
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be..........careless”.

appealdecision:


isappeal:


submissionsfordecision:

Stipendiary Steward, Mr McLaughlin, using the head-on and side-on films, identified Ms Comignaghi who had drawn 12 in the 13 horse field shortly after the start of the 1000m race. He said approaching the 800m mark Ms Comignaghi could be seen moving across to take up a position closer to the rail. He said as she continued to come across she was no more than 1-1.25 lengths in front of Ms Bassett on “Mathieu” which was dictated inwards onto “Happy Sea Dragon” which had to be severely restrained and checked.
 
Ms Comignaghi said she thought she was clear of Ms Bassett as she continued to move across and never heard her call out but after viewing the films of the incident conceded that she had caused the crowding to “Mathieu” and “Happy Sea Dragon”. To a question from the Committee Ms Comignaghi confirmed “Mahidun” was racing kindly for her as she was moving inwards.
 
Mr Walsh did not dispute Mr McLaughlin’s interpretation of the films although he felt “Happy Sea Dragon” had overreacted to the pressure it received from “Mathieu” and this made the incident look worse than it was. He also felt Ms Comignaghi was 1.5 lengths in front of Ms Bassett when crossing her but conceded she was not the required 2 lengths in front as required.

reasonsfordecision:


Decision:

As Ms Comignaghi admitted the breach the charge is found proved.

sumissionsforpenalty:

Mr Davidson said Ms Comignaghi had breached this Rule only once in the previous 12 months, that being on 7 April 2018 at Riccarton where she received a 6 national riding days suspension. He said this was a good record for a busy South Island jockey. He submitted the degree of severity was in the low/mid-range and added that the relative inexperience of Ms Bassett should be taken into account when determining an appropriate penalty and that a more experienced rider may have been able to anticipate what was going to happen and avoid being taken inwards to the extent she was. He also said he agreed with Mr Walsh that Mr Johnson’s mount had overreacted somewhat to the inwards movement of Ms Bassett - this being confirmed by Mr Johnson when talking to the Stewards after the race - but conceded that both Ms Bassett and Mr Johnson were entitled to their lines of running.
 
Mr Davidson said the Stewards believed a suspension of 7 national riding days was an appropriate penalty on this occasion.
 
Mr Walsh said that had there been more experienced riders on the two horses impacted by Ms Comignaghi’s inwards movement the incident may well have been avoided. He also asked the Committee to take into account Ms Comignaghi’s good riding record with only one breach of this Rule in the previous 12 months.

reasonsforpenalty:

The Committee has reviewed films of the incident and taken into account all the submissions made. Both views of the incident clearly show Ms Comignaghi moving across shortly after the start in order to take up a position closer to the running rail. As she moves across she can be seen looking to her inside but clearly misjudged how far she was in front of Ms Bassett which resulted in Ms Bassett being taken in onto Mr Johnson with the latter receiving a significant check. Whilst noting that Mr Johnson’s mount may have overreacted to the pressure received from Ms Bassett, had Ms Comignaghi been the required 2 lengths in front of Ms Bassett when crossing her the interference received by Ms Bassett and Mr Johnson would not have occurred.
 
The Committee assesses the severity of the breach to be in the mid-range. The starting point penalty for a mid-range breach of this Rule is a suspension of 8 national riding days. There are no aggravating factors to justify an increase in that starting point. On this occasion the Committee believes a reduction of 1 day is appropriate given Ms Comignaghi’s admittance of the breach and her good riding record over the past 12 months, notwithstanding the previous breach was only 3 weeks ago. Ms Comignaghi is therefore suspended for 7 national riding days.
 
Ms Comignaghi confirmed she wished her suspension to commence after racing on Saturday 5 May 2018 and the deferment of the penalty imposed today as requested by her was approved in terms of Rule 1106(2).

penalty:

Ms Comignaghi is suspended from the close of racing on Saturday 5 May 2018 to the close of racing on Wednesday 16 May 2018.

hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Ms A Comignaghi - Apprentice Jockey


Otherperson: Mr J McLaughlin - Stipendiary Steward, Mr D Walsh - Apprentice Jockey Mentor assisting Miss Comignaghi


PersonPresent:


Respondent:


StipendSteward:


raceid: dee2ce7acff745a9d85fe7db40350c3c


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race_noreport: 0


race_emailed1: 0


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race_title: R 1


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meetdate: 29/04/2018


meet_title: Marlborough RC - 29 April 2018


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meet_racingtype: thoroughbred-racing


meet_chair: PWilliams


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name: Marlborough RC