Marton JC – 16 September 2006 –
ID: JCA21934
Hearing Type (Code):
thoroughbred-racing
Decision:
Following the running of race 9, the Nufarm Handicap, apprentice rider J Parkes was charged with breaching the provisions of Rule 530 (2)(b).
Following the running of race 9, the Nufarm Handicap, apprentice rider J Parkes was charged with breaching the provisions of Rule 530 (2)(b).
--It was alleged that Mr Parkes, the rider of DANIEL SAMPSON used his whip in an excessive manner in the home straight.
--Mr Parkes, who was assisted by trainer Mr G Searle, admitted the breach.
--Mr Oatham when making his submission stated that, in his view, Mr Parkes had struck DANIEL SAMPSON at least fifteen times while improving from rearward position, such being as the field moved into the home straight.
--Mr Oatham submitted that this was clearly outside of the established guidelines.
--Mr Searle, in his submissions, agreed that Mr Parkes had exceeded the guidelines however made the point that he did not agree with the rule and felt it to be unfair to owners who were looking to obtain the best possible position for their horses.
--Mr Oatham in summation stated that all riders were expected to abide by the rules and in this case Mr Parkes had not done so.
--PENALTY
--Prior to making his penalty submission Mr Oatham presented Mr Parkes record which demonstrated one previous breach of this rule, such occurring in July this year. On that occasion Mr Parkes was suspended for two days and with regard to this charge
--Mr Oatham believed that the incident was deserving of a term of suspension also.
--Mr Searle made no beneficial statement in relation to penalty other than to outline Mr Parkes prospective upcoming engagements.
--The committee finds that as this is Mr Parkes second breach of the same rule within a relatively short time that the penalty imposed must reflect our concern regarding this, and accordingly the matter needs to be dealt with by way of suspension.
--When considering the quantum to be imposed we are mindful that Mr Parkes has readily admitted the breach and for this he is to be given some credit.
--The committee also records that we see the breach as somewhere about mid-range.
--Therefore after weighing all considerations we find that Mr Parkes be suspended from the conclusion of racing today up to and including racing on Sunday 24th September 2006. Effectively three days.
----
--
RLH Neal C MacLeod
--Chairman
--
Decision Date: 16/09/2006
Publish Date: 16/09/2006
JCA Decision Fields (raw)
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hearingid: d78e4f70bf7274645f3ee4dbb927a8ae
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 16/09/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Marton JC - 16 September 2006 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race 9, the Nufarm Handicap, apprentice rider J Parkes was charged with breaching the provisions of Rule 530 (2)(b).
Following the running of race 9, the Nufarm Handicap, apprentice rider J Parkes was charged with breaching the provisions of Rule 530 (2)(b).
--It was alleged that Mr Parkes, the rider of DANIEL SAMPSON used his whip in an excessive manner in the home straight.
--Mr Parkes, who was assisted by trainer Mr G Searle, admitted the breach.
--Mr Oatham when making his submission stated that, in his view, Mr Parkes had struck DANIEL SAMPSON at least fifteen times while improving from rearward position, such being as the field moved into the home straight.
--Mr Oatham submitted that this was clearly outside of the established guidelines.
--Mr Searle, in his submissions, agreed that Mr Parkes had exceeded the guidelines however made the point that he did not agree with the rule and felt it to be unfair to owners who were looking to obtain the best possible position for their horses.
--Mr Oatham in summation stated that all riders were expected to abide by the rules and in this case Mr Parkes had not done so.
--PENALTY
--Prior to making his penalty submission Mr Oatham presented Mr Parkes record which demonstrated one previous breach of this rule, such occurring in July this year. On that occasion Mr Parkes was suspended for two days and with regard to this charge
--Mr Oatham believed that the incident was deserving of a term of suspension also.
--Mr Searle made no beneficial statement in relation to penalty other than to outline Mr Parkes prospective upcoming engagements.
--The committee finds that as this is Mr Parkes second breach of the same rule within a relatively short time that the penalty imposed must reflect our concern regarding this, and accordingly the matter needs to be dealt with by way of suspension.
--When considering the quantum to be imposed we are mindful that Mr Parkes has readily admitted the breach and for this he is to be given some credit.
--The committee also records that we see the breach as somewhere about mid-range.
--Therefore after weighing all considerations we find that Mr Parkes be suspended from the conclusion of racing today up to and including racing on Sunday 24th September 2006. Effectively three days.
----
--
RLH Neal C MacLeod
--Chairman
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 530.2.b
Informant:
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