Archive Decision

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Matamata RC 1 June 2016 – R 1 – Chair, Mr A Dooley

ID: JCA11900

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr G Walsh - Licensed Jumps Jockey

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A7592

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Matamata RC - 1 June 2016

Meet Chair:
ADooley

Race Date:
2016/06/01

Race Number:
R1

Decision:

As Mr Walsh admitted the breach the Committee find the charge proved.

Penalty:

Accordingly, Mr Walsh had his license to ride in races suspended for a period to commence after racing on 1 June and conclude after racing on 9 June and in addition a $300 fine.

The meetings being 6 June at Ellerslie and 9 June at Taranaki.

Facts:

Following the running of race 1, Don Griffiths Limited 2000, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Walsh permitted his mount SANISTI to shift inwards when not sufficiently clear dictating ABSOLUTE GEM inwards causing crowding to a number of runners near the 1800 metres.

Mr Walsh acknowledged that he understood the rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Oatham demonstrated the incident by using the available video footage. He identified that Mr Walsh had drawn 1 from the outside and stated that he shifted in on a reasonably abrupt angle. He said Mr Walsh was conscious that ABSOLUTE GEM was racing directly to his inside but he did not realise there were several runners on the inside of that horse. He said the inward shift resulted in crowding to SHINKITOVER, ARKADY RENKO, FOUR DAY HIGH, BIXBY and TYCOON ZED. He identified TYCOON ZED being checked going back on to SAINT FINN which was hampered losing ground.

Mr Oatham added that Mr Walsh misjudged the shift inwards and he was not sufficiently clear when doing so.

Mr Walsh confirmed that he had drawn wide and he looked across before shifting in. He conceded that he dictated ABSOLUTE GEM inwards and he was not aware there were a number of runners to that horse's inside.

Submissions for Penalty:

Mr Williamson produced Mr Walsh’s record which showed 1 previous breach under this Rule in the last 12 months. This being 28th April which incurred a 2 day suspension. Mr Williamson reiterated that Mr Walsh was conscious of ABSOLUTE GEM racing on his inside but was unaware there were several runners to that horse's inside. He said Mr Walsh was a popular Jumps rider and submitted a 2 day suspension.

Mr Walsh advised that he had no upcoming engagements in the next 7 days and any proposed suspension could start immediately. Mr Walsh did not wish to defer his suspension.

Mr Walsh advised that he had no intention of riding at Wingatui on 5 June. He expressed disappointment that both his suspensions have occurred in Highweight races.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee selected 3 riding days as the starting point after having regard for Mr Walsh’s status as a Class D rider. This was based on the limited riding opportunities available for Jumping and Highweight riders during the season. This was a departure from the recommended starting points contained in the JCA Penalty Guide. The mitigating factors were Mr Walsh’s admission of the breach and his good record in relation to this rule for which he has been given credit. However, this has to be balanced against the consequences of Mr Walsh’s actions which resulted in numerous horses being crowded and some checked. The Committee assessed the level of carelessness was low end but the impact was upper mid –range because of the quantity of horses inconvenienced as a result of Mr Walsh’s carelessness. The films clearly showed Mr Walsh allowed his mount to shift in on a sharp angle when not sufficiently clear.

The Committee advised Mr Walsh that it was a concern that he breached this rule only 1 month ago. Mr Walsh stated that he primarily rides over the Jumps and rode in Highweight races to assist the stakeholders.

Mr Walsh did not request a deferment to his proposed suspension and he had no intention of riding at Wingatui on 5 June.

After taking into account all the above factors the Committee considered an appropriate suspension was 3 days. However, the Committee exercised their discretion and determined a combination of a fine and suspension was warranted after assessing the upcoming opportunities available to Jumping / Highweight riders.

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: 2b3f7cb521c0d316f5409bbdf38b97da


informantnumber: A7592


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 02/06/2016


hearing_title: Matamata RC 1 June 2016 - R 1 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 1, Don Griffiths Limited 2000, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Walsh permitted his mount SANISTI to shift inwards when not sufficiently clear dictating ABSOLUTE GEM inwards causing crowding to a number of runners near the 1800 metres.

Mr Walsh acknowledged that he understood the rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Oatham demonstrated the incident by using the available video footage. He identified that Mr Walsh had drawn 1 from the outside and stated that he shifted in on a reasonably abrupt angle. He said Mr Walsh was conscious that ABSOLUTE GEM was racing directly to his inside but he did not realise there were several runners on the inside of that horse. He said the inward shift resulted in crowding to SHINKITOVER, ARKADY RENKO, FOUR DAY HIGH, BIXBY and TYCOON ZED. He identified TYCOON ZED being checked going back on to SAINT FINN which was hampered losing ground.

Mr Oatham added that Mr Walsh misjudged the shift inwards and he was not sufficiently clear when doing so.

Mr Walsh confirmed that he had drawn wide and he looked across before shifting in. He conceded that he dictated ABSOLUTE GEM inwards and he was not aware there were a number of runners to that horse's inside.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Walsh admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Walsh’s record which showed 1 previous breach under this Rule in the last 12 months. This being 28th April which incurred a 2 day suspension. Mr Williamson reiterated that Mr Walsh was conscious of ABSOLUTE GEM racing on his inside but was unaware there were several runners to that horse's inside. He said Mr Walsh was a popular Jumps rider and submitted a 2 day suspension.

Mr Walsh advised that he had no upcoming engagements in the next 7 days and any proposed suspension could start immediately. Mr Walsh did not wish to defer his suspension.

Mr Walsh advised that he had no intention of riding at Wingatui on 5 June. He expressed disappointment that both his suspensions have occurred in Highweight races.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee selected 3 riding days as the starting point after having regard for Mr Walsh’s status as a Class D rider. This was based on the limited riding opportunities available for Jumping and Highweight riders during the season. This was a departure from the recommended starting points contained in the JCA Penalty Guide. The mitigating factors were Mr Walsh’s admission of the breach and his good record in relation to this rule for which he has been given credit. However, this has to be balanced against the consequences of Mr Walsh’s actions which resulted in numerous horses being crowded and some checked. The Committee assessed the level of carelessness was low end but the impact was upper mid –range because of the quantity of horses inconvenienced as a result of Mr Walsh’s carelessness. The films clearly showed Mr Walsh allowed his mount to shift in on a sharp angle when not sufficiently clear.

The Committee advised Mr Walsh that it was a concern that he breached this rule only 1 month ago. Mr Walsh stated that he primarily rides over the Jumps and rode in Highweight races to assist the stakeholders.

Mr Walsh did not request a deferment to his proposed suspension and he had no intention of riding at Wingatui on 5 June.

After taking into account all the above factors the Committee considered an appropriate suspension was 3 days. However, the Committee exercised their discretion and determined a combination of a fine and suspension was warranted after assessing the upcoming opportunities available to Jumping / Highweight riders.


penalty:

Accordingly, Mr Walsh had his license to ride in races suspended for a period to commence after racing on 1 June and conclude after racing on 9 June and in addition a $300 fine.

The meetings being 6 June at Ellerslie and 9 June at Taranaki.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr G Walsh - Licensed Jumps Jockey


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: da287f81503842a55f802b2193144972


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 722e1a7be0d70814e2af7b567b79d527


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/06/2016


meet_title: Matamata RC - 1 June 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: matamata-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Matamata RC