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Masterton RC 20 November 2010 – R1

ID: JCA18129

Applicant:
Mr R Neal

Respondent(s):
Mr D Walker

Information Number:
5364

Hearing Type:
Hearing

Rules:
638 (1) (d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Masterton RC - 20 November 2010

Meet Chair:
TCastles

Meet Committee Member 1:
PWilliams

Race Date:
2010/11/20

Race Number:
R1

Decision:

The charge was found proven.

Penalty:

Mr. Walker you are suspended from race riding after the completion of racing on Saturday 27th of November until the completion of racing on Friday the 3rd of December (4 days).

Charge:

Alleging Breach of Rule 638 (1) (d)

Facts:

Mr. D. Walker did not admit a breach of rule 638 (1) (d) in that he allowed his mount Barefoot to shift out causing Surge (D. Stackhouse) to have to check over the concluding stages.

Rule 638 (1)(d) read a rider shall not ride a horse in a manner the judicial committee considers to be careless.

Submissions for Decision:

Mr. Neal took the committee through the available films and pointed out the horses concerned in the incident. He informed the committee it was his belief that Mr. Walker allowed his mount to shift out when being ridden with vigour on to the line of Surge (D. Stackhouse) denying that horse a fair run to the line.

Surge was placed 4th in the race and it was Mr. Neals submission that the outwards movement from Mr. Walkers mount denied Surge the possibility of running 3rd. Mr. D. Stackhouse, the rider of Surge, was called as a witness and under questioning from Mr. Neal concurred he was tightened over the concluding stages from the horse on his inside. He had moved his horse into the gap presented and had raced up to the rump of the horse on his inside when the gap closed and he had to ease.
Stipendiary Steward, Mr. Davidson, informed the committee that Mr. Walkers mount shifted out at least twice in the run to the line and believed that Mr. Stackhouse mount was checked about 3 strides short of the line.
Mr. Walker in his submissions agreed that his mount may have shifted marginally short of the line, and it was his belief that the horse contributed to the movement, by ducking sharply out. This was beyond his control and he submitted that at Tauherenikau some horses do shy short of the winning post. He agreed he was riding with vigour but argued that over the last little bit he only struck his mount on the shoulder in an attempt to straighten. He agreed that Mr. Stackhouse’s mount was travelling well but submitted that the horse on the outside (the eventual winner ‘Aladdin Prince’) moved inwards and contributed to the incident.
Mr. Neal in summing up informed the committee that Mr. Walker had an obligation to straighten his mount but he chose to continue to ride with vigour. He believed the movement inward was not sudden and he continued riding with the whip. He reiterated that he felt Mr. Stackhouse’s mount could have possibly run 3rd if he had not had his line taken.
Mr. Walker in summing up reiterated again his belief that the outward movement from his mount was beyond his control.

Reasons for Decision:

In coming to our decision to find the charge proven, we have carefully considered the evidence placed before us. The available films confirmed that you continued riding vigorously in the run to the line. Your mount’s inward movement did cause Mr. Stackhouse to not take advantage of the gap presented just short of the line to which he was perfectly entitled. Mr. Walker, you made comment of your belief that the original winner ‘Aladdin Prince’ contributed to the incident by moving inwards.

We are unable to agree with your submissions on this point.

Submissions for Penalty:

Mr. Neal told the committee that Mr. Walker had not been charged under this rule in the last 12 months. Further investigations showed Mr. Walker was last charged under this rule in 2004 (7 years ago). He believed his record was excellent and he is considered a national rider.
His concern with this charge was that a horse was possibly denied a chance of finishing in a dividend bearing position by Mr. Walker’s actions. He felt the incident was in the low to mid range and asked for a period of suspension.
Mr. Walker asked the committee to take account of his record. It, he believed, speaks for itself. in the advent of a suspension being imposed, he asked for a 7 day determent as he had commitments on Friday and Saturday next week.

Reasons for Penalty:

In coming to our decision to impose a period of suspension, we have taken into account your excellent riding record which for a rider of your seniority is possibly unmatched amongst the current national riders in New Zealand. However, we were concerned that your actions in moving inwards did play a part in another horse being denied a run and subsequently a chance of finishing in a dividend bearing position. We concur with the stewards; you are a national rider and have agreed to your request to begin the period of suspension in 7 days time.

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: f111f0cb251a089f7a4485aa7ab668a8


informantnumber: 5364


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 22/11/2010


hearing_title: Masterton RC 20 November 2010 - R1


charge:

Alleging Breach of Rule 638 (1) (d)


facts:

Mr. D. Walker did not admit a breach of rule 638 (1) (d) in that he allowed his mount Barefoot to shift out causing Surge (D. Stackhouse) to have to check over the concluding stages.

Rule 638 (1)(d) read a rider shall not ride a horse in a manner the judicial committee considers to be careless.


appealdecision:


isappeal:


submissionsfordecision:

Mr. Neal took the committee through the available films and pointed out the horses concerned in the incident. He informed the committee it was his belief that Mr. Walker allowed his mount to shift out when being ridden with vigour on to the line of Surge (D. Stackhouse) denying that horse a fair run to the line.

Surge was placed 4th in the race and it was Mr. Neals submission that the outwards movement from Mr. Walkers mount denied Surge the possibility of running 3rd. Mr. D. Stackhouse, the rider of Surge, was called as a witness and under questioning from Mr. Neal concurred he was tightened over the concluding stages from the horse on his inside. He had moved his horse into the gap presented and had raced up to the rump of the horse on his inside when the gap closed and he had to ease.
Stipendiary Steward, Mr. Davidson, informed the committee that Mr. Walkers mount shifted out at least twice in the run to the line and believed that Mr. Stackhouse mount was checked about 3 strides short of the line.
Mr. Walker in his submissions agreed that his mount may have shifted marginally short of the line, and it was his belief that the horse contributed to the movement, by ducking sharply out. This was beyond his control and he submitted that at Tauherenikau some horses do shy short of the winning post. He agreed he was riding with vigour but argued that over the last little bit he only struck his mount on the shoulder in an attempt to straighten. He agreed that Mr. Stackhouse’s mount was travelling well but submitted that the horse on the outside (the eventual winner ‘Aladdin Prince’) moved inwards and contributed to the incident.
Mr. Neal in summing up informed the committee that Mr. Walker had an obligation to straighten his mount but he chose to continue to ride with vigour. He believed the movement inward was not sudden and he continued riding with the whip. He reiterated that he felt Mr. Stackhouse’s mount could have possibly run 3rd if he had not had his line taken.
Mr. Walker in summing up reiterated again his belief that the outward movement from his mount was beyond his control.


reasonsfordecision:

In coming to our decision to find the charge proven, we have carefully considered the evidence placed before us. The available films confirmed that you continued riding vigorously in the run to the line. Your mount’s inward movement did cause Mr. Stackhouse to not take advantage of the gap presented just short of the line to which he was perfectly entitled. Mr. Walker, you made comment of your belief that the original winner ‘Aladdin Prince’ contributed to the incident by moving inwards.

We are unable to agree with your submissions on this point.


Decision:

The charge was found proven.

sumissionsforpenalty:

Mr. Neal told the committee that Mr. Walker had not been charged under this rule in the last 12 months. Further investigations showed Mr. Walker was last charged under this rule in 2004 (7 years ago). He believed his record was excellent and he is considered a national rider.
His concern with this charge was that a horse was possibly denied a chance of finishing in a dividend bearing position by Mr. Walker’s actions. He felt the incident was in the low to mid range and asked for a period of suspension.
Mr. Walker asked the committee to take account of his record. It, he believed, speaks for itself. in the advent of a suspension being imposed, he asked for a 7 day determent as he had commitments on Friday and Saturday next week.


reasonsforpenalty:

In coming to our decision to impose a period of suspension, we have taken into account your excellent riding record which for a rider of your seniority is possibly unmatched amongst the current national riders in New Zealand. However, we were concerned that your actions in moving inwards did play a part in another horse being denied a run and subsequently a chance of finishing in a dividend bearing position. We concur with the stewards; you are a national rider and have agreed to your request to begin the period of suspension in 7 days time.


penalty:

Mr. Walker you are suspended from race riding after the completion of racing on Saturday 27th of November until the completion of racing on Friday the 3rd of December (4 days).


hearing_type: Hearing


Rules: 638 (1) (d)


Informant: Mr R Neal


JockeysandTrainer: Mr D Walker


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 5ad3ca7d8873c886fab5b4c7d8490b7a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


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meet_expapproval: approved


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meetdate: 20/11/2010


meet_title: Masterton RC - 20 November 2010


meet_expappcomment:


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meet_otherexp:


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meet_racingtype: thoroughbred-racing


meet_chair: TCastles


meet_pm1: PWilliams


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name: Masterton RC