Matamata RC 24 August 2016 – R3 – Chair, Mr A Godsalve
ID: JCA14944
Code:
Thoroughbred
Meet Title:
Matamata RC - 24 August 2016
Meet Chair:
AGodsalve
Race Date:
2016/08/24
Race Number:
R3
Decision:
The Committee therefore found that the elements of this charge had been established and found the charge proved.
Penalty:
Ms Collett is suspended from riding in races from after racing on 31 August to after racing on 9 September 2016 - 5 days.
The racemeetings involved in this suspension are:
2 September - Waipa
3 September - Ellerslie
7 September - Matamata
8 September - New Plymouth
9 September - Otago
Facts:
Following the running of race 3, THE CLOTHIER FAMILY 1200, an Information was presented by Mr A Coles, alleging that Class A Rider, Ms A Collett permitted her mount THE CANON to shift inwards when not sufficiently clear forcing CABARET (M McNab ) inwards crowding IT'S A KINDA MAGIC (K McCulloch ) which was checked near the 800 metres.
Ms Collett was present at the hearing and indicated that she did not admit the breach. She added that she would be calling C Grylls as a witness.
Mr Coles stated that he would be calling M McNab and K McCulloch as witnesses and that Mr Oatham would be providing commentary and any explanatory matters using the available video films.
Rule 638(1)(d) provides that ' A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless'.
Submissions for Decision:
Using the available video films Mr Oatham identified the horses and riders involved in this matter. As the field approached the 800 metres point the horse, FIERTE (C Grylls ) was racing in a forward position about 3 out from the fence. THE CANON (A Collett ) was about 1 to 1 1/2 lengths behind THE CANON. CABARET (M McNab ) was racing inside and slightly behind THE CANON, with IT'S A KINDA MAGIC (K McCulloch ) inside and just behind CABARET on the rails near the rear of the field.
Mr Oatham pointed out that FIERTE was racing quite ungenerously, throwing its head up as C Grylls attempted to restrain it. FIERTE then dropped back slightly towards THE CANON. Mr Oatham then stated that Ms Collett had angled THE CANON inwards in an attempt to improve its position inside FIERTE. In doing so she caused Mr McNab to restrain his mount CABARET which in turn severely crowded IT'S A KINDA MAGIC inside it. This caused quite severe interference to IT'S A KINDA MAGIC which threw its head up as Mrs McCulloch was forced to take a strong grip of it as she tried to restrain its away from CABARET.
Mr Oatham said that while FIERTE was shifting ground slightly, it was clear that Mr Grylls was attempting to get it to settle and that as Ms Collett was behind it she would have been aware of what was taking place ahead of her. Mr Oatham stated that the Stewards believed that there was never room for Ms Collett to improve her position inside FIERTE , and that the films showed that her horse's head was angled inwards as she attempted to do that. He added that the Stewards believed that Ms Collett had been careless in allowing her mount to attempt to improve its position thereby causing 'trouble' to the horses inside her. Mr Oatham said that Ms Collett had the opportunity to take a hold of her mount and improve outside FIERTE if that was what she wished to do, without putting herself in a position where she interfered with other runners inside her. He added that he believed FIERTE had not put any pressure on Ms Collett as the horses around them were not racing in tight quarters.
Ms Collett then accepted the opportunity to question Mr Oatham. She asked Mr Oatham to run the side-on film from the 900 metres point until the incident occurred, and pointed out that her mount had been pulling quite hard. Mr Oatham replied by stating that Ms Collett had been racing some distance behind FIERTE and therefore had other options available to her than attempting to improve inside FIERTE. He added that he did not consider that THE CANON had been pulling very hard prior to the incident and repeated that FIERTE had been racing ungenerously.
Ms Collett stated that she believed she was a 'quiet' rider, to which Mr Oatham replied that any rider in these circumstances was expected to make a greater attempt to avoid other horses. Ms Collett said the trainer of THE CANON had asked her to keep the horse as quiet as possible during the running, and asked Mr Oatham if he agreed that the horse in front of her (FIERTE ) had 'come back into my face' and made it awkward for her horse, Mr Oatham said that he already stated that he did not see any 'sudden' movement, the movement was gradual.
Mr Coles then called M McNab as a witness.
Mr McNab confirmed that he rode the horse CABARET and using the films identified his horse as the field approached the 800 metres mark. He told Mr Coles that he received tightening from his outside and while his horse was racing 'keenly' he had been put in tight quarters. He told Mr Coles that Ms Collet was outside him in a one-off position. In reply to a question from Mr Coles, Mr McNab said that THE CANON was only about 3/4 length ahead of him after having moved in from a 3 wide position. Mr McNab agreed with Mr Coles that he could not relieve the pressure he was receiving from his outside and had shifted in and caused a check to the horse inside him, IT'S A KINDA MAGIC ridden by Mrs McCulloch.
When asked by the Committee if he agreed with what Mr Coles had said, Mr McNab replied that he did and added that his horse had not helped the situation either.
Ms Collett asked Mr McNab if he thought that the fact that Mr Grylls had eased the pace on his horse had any effect on the fact that she had 'come in' on him. Mr McNab said that it could have had an effect as Mr Grylls' mount was not racing very generously.
Ms Collett asked Mr McNab for an opinion as to what she should have done in the circumstances once Mr Grylls eased the pace in front of her, and if he considered she was 'careless'. Mr McNab replied that there were 'circumstances' around the incident.
Mr Coles called Mrs McCulloch as a witness.
Mrs McCulloch confirmed that she rode the horse IT'S A KINDA MAGIC in the race. She stated that she had got 'crowded' as she attempted to improve on the inside of Mr McNab who was one-off the rail ahead of her. She confirmed that she was a bare length behind Mr McNab and had to check quite sharply when he shifted in on her.
Ms Collett questioned Mrs McCulloch about the tempo of the race. Mrs McCulloch stated that she thought the tempo had possibly eased prior to the incident, however added that her horse had been slow away from the start.
In reply to a question from the Committee Mrs McCulloch confirmed that she had to take quite severe action when CABARET put her under pressure by shifting towards her, and that this would not have happened if that pressure had not taken place.
Ms Collet then called Mr C Grylls as a witness.
Mr Grylls confirmed that at about the 800 metres mark the horses ahead of him eased the pace and he attempted to restrain his horse which began racing erratically.
Mr Coles asked Mr Grylls to confirm that prior to this incident Ms Collett had been at least 1 to 1 1/2 lengths behind him when the pace eased. Mr Grylls confirmed that to be the case. He agreed with Mr Coles that his horse had dropped back about 1/2 length when the horses ahead of him eased the pace which didn't help his horse's racing manner.
Ms Collett stated that in her opinion the incident would not have happened if the tempo of the race had not eased ahead of her. She said she believed she was a 'quiet' rider and was trying to keep her horse relaxed when FIERTE came back into her lap. She said she was not a big fan of pulling on horse's mouths and that Mr Grylls had made life difficult for her by coming back into her which ended up with her mount being on his mounts heels. She added that she had 'nowhere to go, as when she intended moving out around Mr Grylls, he also shifted out slightly. Ms Collett added that at no stage had she wanted or intended to improve inside FIERTE. Using the side-on film, Ms Collett stated that she believed it was evident that FIERTE had come back 'into her face' and put her in an awkward position. She said that during the race her horse had been racing roughly by pulling and lugging in.
In summing up, Mr Coles said that he did not believe FIERTE had lost a lot of ground when steadied by Mr Grylls, and that the Stewards accepted that the horse had been racing ungenerously. He added that there was still at least 1/2 length between THE CANON and FIERTE when Ms Collett elected to improve inside FIERTE instead of improving around that horse, which she knew was over-racing. Mr Coles said there was only marginal room for a run inside Mr Grylls for Ms Collett which was always going to create a problem if she attempted to take it.
Ms Collett, in summing up, said that she did not attempt to improve outside Mr Grylls as his mount had come back at her quickly, and had also moved out a little which meant she had to grab hold of her horse. She added that she was trying to ride her own race.
Reasons for Decision:
The Committee took careful notice of the submissions of all of the parties involved.
The evidence of Mr McNab and Mrs McCulloch was clear in that, Ms Collett had shifted in towards Mr McNab's mount when not the required distance of her own length and another length clear. This caused a check to Mr McNab, which in turn resulted in a more severe check to Mrs McCulloch who was attempting to improve her position inside Mr McNab as she was entitled to do.
The evidence was also clear that FIERTE was giving Mr Grylls a difficult ride ahead of Ms Collett after the tempo of the race eased. However, it is quite clear from the films that there was sufficient distance between FIERTE and THE CANON for Ms Collett to improve on FIERTE's outer if she wished to improve her position.
It should be pointed out at this time that in assessing the incident and making a deliberation on culpability the Committee (a one-man panel) requested the assistance of Stipendiary Steward, Mr M Williamson to operate the video film mechanism. Mr Williamson had not been present during any part of the hearing.
Ms Collett had no objection to this taking place.
Ms Collett, as an experienced and capable rider, had an obligation to other riders around her and especially inside her when attempting to improve her mount's position. On this occasion the Committee is of the opinion that she had not done so in accordance within the meaning of 'interference' which is defined for the purposes of the Rules as:
'a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing'.
Submissions for Penalty:
Mr Coles produced Ms Collett's riding record which showed 3 prior breaches of this Rule within the past 12 months.
On 5 March 2016, at Ellerslie, she was suspended from riding for 3 days and fined $1000.
On 1 January 2016, at Elerslie, she was suspended from riding for 4 days and fined $1000.
On 12 September 2015, at Whangarei, she was suspended from riding for 3 days.
Mr Coles stated that Ms Collett was a busy rider who had not breached this Rule since March 2016. However, he added that the incident which resulted in this charge caused quite severe interference to K McCulloch, and to a lesser degree M McNab. Mr Coles said that the Stewards believed this incident was well above the mid range on the scale of seriousness and submitted that they considered a period of suspension of Ms Collet's license to ride in races of between 4-5 days would be appropriate. He added in confirmation to a question from the Committee that it would be fair to class Ms Collett as a New Zealand wide rider.
Ms Collett asked that any period of suspension be deferred until after racing at Counties on 31 August. She had nothing else to say.
Reasons for Penalty:
The Committee took careful note of the submissions from the parties. While it was not possible to mitigate Ms Collett's penalty as she defended the charge, she was informed that she would not be penalised for not admitting it.
It was accepted that Ms Collett is a busy and capable rider who rides throughout New Zealand. Her record over the past 12 months could be classed as average for an experienced rider.
The Committee considered that the level of interference caused by Ms Collett was above the mid range; however the consequences were mid-high range and it was fortunate that Mrs McCulloch was able to take evasive action.
The JCA Penalty Guide has a starting point of a 5 day suspension for a breach of this Rule.
The Committee considered a 1 day reduction could be made on Ms Collett's penalty due to her recent record; however balanced against that was that the breach today was quite severe, there were 2 horses affected, and the consequences could have been serious. The Committee did give consideration to an uplift in penalty from the 5 day starting point, however the fact there was some degree of difficulty, however minor, suffered by Ms Collett due to Mr Grylls mount racing ungenerously was a mitigating factor in negating that option.
For the above reasons, a period of suspension of Ms Collett's riding licence of 5 days was believed to be appropriate.
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: 900cbc535ccdf652a07f32725ab3972e
informantnumber: A7872
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 25/08/2016
hearing_title: Matamata RC 24 August 2016 - R3 - Chair, Mr A Godsalve
charge:
facts:
Following the running of race 3, THE CLOTHIER FAMILY 1200, an Information was presented by Mr A Coles, alleging that Class A Rider, Ms A Collett permitted her mount THE CANON to shift inwards when not sufficiently clear forcing CABARET (M McNab ) inwards crowding IT'S A KINDA MAGIC (K McCulloch ) which was checked near the 800 metres.
Ms Collett was present at the hearing and indicated that she did not admit the breach. She added that she would be calling C Grylls as a witness.
Mr Coles stated that he would be calling M McNab and K McCulloch as witnesses and that Mr Oatham would be providing commentary and any explanatory matters using the available video films.
Rule 638(1)(d) provides that ' A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless'.
appealdecision:
isappeal:
submissionsfordecision:
Using the available video films Mr Oatham identified the horses and riders involved in this matter. As the field approached the 800 metres point the horse, FIERTE (C Grylls ) was racing in a forward position about 3 out from the fence. THE CANON (A Collett ) was about 1 to 1 1/2 lengths behind THE CANON. CABARET (M McNab ) was racing inside and slightly behind THE CANON, with IT'S A KINDA MAGIC (K McCulloch ) inside and just behind CABARET on the rails near the rear of the field.
Mr Oatham pointed out that FIERTE was racing quite ungenerously, throwing its head up as C Grylls attempted to restrain it. FIERTE then dropped back slightly towards THE CANON. Mr Oatham then stated that Ms Collett had angled THE CANON inwards in an attempt to improve its position inside FIERTE. In doing so she caused Mr McNab to restrain his mount CABARET which in turn severely crowded IT'S A KINDA MAGIC inside it. This caused quite severe interference to IT'S A KINDA MAGIC which threw its head up as Mrs McCulloch was forced to take a strong grip of it as she tried to restrain its away from CABARET.
Mr Oatham said that while FIERTE was shifting ground slightly, it was clear that Mr Grylls was attempting to get it to settle and that as Ms Collett was behind it she would have been aware of what was taking place ahead of her. Mr Oatham stated that the Stewards believed that there was never room for Ms Collett to improve her position inside FIERTE , and that the films showed that her horse's head was angled inwards as she attempted to do that. He added that the Stewards believed that Ms Collett had been careless in allowing her mount to attempt to improve its position thereby causing 'trouble' to the horses inside her. Mr Oatham said that Ms Collett had the opportunity to take a hold of her mount and improve outside FIERTE if that was what she wished to do, without putting herself in a position where she interfered with other runners inside her. He added that he believed FIERTE had not put any pressure on Ms Collett as the horses around them were not racing in tight quarters.
Ms Collett then accepted the opportunity to question Mr Oatham. She asked Mr Oatham to run the side-on film from the 900 metres point until the incident occurred, and pointed out that her mount had been pulling quite hard. Mr Oatham replied by stating that Ms Collett had been racing some distance behind FIERTE and therefore had other options available to her than attempting to improve inside FIERTE. He added that he did not consider that THE CANON had been pulling very hard prior to the incident and repeated that FIERTE had been racing ungenerously.
Ms Collett stated that she believed she was a 'quiet' rider, to which Mr Oatham replied that any rider in these circumstances was expected to make a greater attempt to avoid other horses. Ms Collett said the trainer of THE CANON had asked her to keep the horse as quiet as possible during the running, and asked Mr Oatham if he agreed that the horse in front of her (FIERTE ) had 'come back into my face' and made it awkward for her horse, Mr Oatham said that he already stated that he did not see any 'sudden' movement, the movement was gradual.
Mr Coles then called M McNab as a witness.
Mr McNab confirmed that he rode the horse CABARET and using the films identified his horse as the field approached the 800 metres mark. He told Mr Coles that he received tightening from his outside and while his horse was racing 'keenly' he had been put in tight quarters. He told Mr Coles that Ms Collet was outside him in a one-off position. In reply to a question from Mr Coles, Mr McNab said that THE CANON was only about 3/4 length ahead of him after having moved in from a 3 wide position. Mr McNab agreed with Mr Coles that he could not relieve the pressure he was receiving from his outside and had shifted in and caused a check to the horse inside him, IT'S A KINDA MAGIC ridden by Mrs McCulloch.
When asked by the Committee if he agreed with what Mr Coles had said, Mr McNab replied that he did and added that his horse had not helped the situation either.
Ms Collett asked Mr McNab if he thought that the fact that Mr Grylls had eased the pace on his horse had any effect on the fact that she had 'come in' on him. Mr McNab said that it could have had an effect as Mr Grylls' mount was not racing very generously.
Ms Collett asked Mr McNab for an opinion as to what she should have done in the circumstances once Mr Grylls eased the pace in front of her, and if he considered she was 'careless'. Mr McNab replied that there were 'circumstances' around the incident.
Mr Coles called Mrs McCulloch as a witness.
Mrs McCulloch confirmed that she rode the horse IT'S A KINDA MAGIC in the race. She stated that she had got 'crowded' as she attempted to improve on the inside of Mr McNab who was one-off the rail ahead of her. She confirmed that she was a bare length behind Mr McNab and had to check quite sharply when he shifted in on her.
Ms Collett questioned Mrs McCulloch about the tempo of the race. Mrs McCulloch stated that she thought the tempo had possibly eased prior to the incident, however added that her horse had been slow away from the start.
In reply to a question from the Committee Mrs McCulloch confirmed that she had to take quite severe action when CABARET put her under pressure by shifting towards her, and that this would not have happened if that pressure had not taken place.
Ms Collet then called Mr C Grylls as a witness.
Mr Grylls confirmed that at about the 800 metres mark the horses ahead of him eased the pace and he attempted to restrain his horse which began racing erratically.
Mr Coles asked Mr Grylls to confirm that prior to this incident Ms Collett had been at least 1 to 1 1/2 lengths behind him when the pace eased. Mr Grylls confirmed that to be the case. He agreed with Mr Coles that his horse had dropped back about 1/2 length when the horses ahead of him eased the pace which didn't help his horse's racing manner.
Ms Collett stated that in her opinion the incident would not have happened if the tempo of the race had not eased ahead of her. She said she believed she was a 'quiet' rider and was trying to keep her horse relaxed when FIERTE came back into her lap. She said she was not a big fan of pulling on horse's mouths and that Mr Grylls had made life difficult for her by coming back into her which ended up with her mount being on his mounts heels. She added that she had 'nowhere to go, as when she intended moving out around Mr Grylls, he also shifted out slightly. Ms Collett added that at no stage had she wanted or intended to improve inside FIERTE. Using the side-on film, Ms Collett stated that she believed it was evident that FIERTE had come back 'into her face' and put her in an awkward position. She said that during the race her horse had been racing roughly by pulling and lugging in.
In summing up, Mr Coles said that he did not believe FIERTE had lost a lot of ground when steadied by Mr Grylls, and that the Stewards accepted that the horse had been racing ungenerously. He added that there was still at least 1/2 length between THE CANON and FIERTE when Ms Collett elected to improve inside FIERTE instead of improving around that horse, which she knew was over-racing. Mr Coles said there was only marginal room for a run inside Mr Grylls for Ms Collett which was always going to create a problem if she attempted to take it.
Ms Collett, in summing up, said that she did not attempt to improve outside Mr Grylls as his mount had come back at her quickly, and had also moved out a little which meant she had to grab hold of her horse. She added that she was trying to ride her own race.
reasonsfordecision:
The Committee took careful notice of the submissions of all of the parties involved.
The evidence of Mr McNab and Mrs McCulloch was clear in that, Ms Collett had shifted in towards Mr McNab's mount when not the required distance of her own length and another length clear. This caused a check to Mr McNab, which in turn resulted in a more severe check to Mrs McCulloch who was attempting to improve her position inside Mr McNab as she was entitled to do.
The evidence was also clear that FIERTE was giving Mr Grylls a difficult ride ahead of Ms Collett after the tempo of the race eased. However, it is quite clear from the films that there was sufficient distance between FIERTE and THE CANON for Ms Collett to improve on FIERTE's outer if she wished to improve her position.
It should be pointed out at this time that in assessing the incident and making a deliberation on culpability the Committee (a one-man panel) requested the assistance of Stipendiary Steward, Mr M Williamson to operate the video film mechanism. Mr Williamson had not been present during any part of the hearing.
Ms Collett had no objection to this taking place.
Ms Collett, as an experienced and capable rider, had an obligation to other riders around her and especially inside her when attempting to improve her mount's position. On this occasion the Committee is of the opinion that she had not done so in accordance within the meaning of 'interference' which is defined for the purposes of the Rules as:
'a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing'.
Decision:
The Committee therefore found that the elements of this charge had been established and found the charge proved.
sumissionsforpenalty:
Mr Coles produced Ms Collett's riding record which showed 3 prior breaches of this Rule within the past 12 months.
On 5 March 2016, at Ellerslie, she was suspended from riding for 3 days and fined $1000.
On 1 January 2016, at Elerslie, she was suspended from riding for 4 days and fined $1000.
On 12 September 2015, at Whangarei, she was suspended from riding for 3 days.
Mr Coles stated that Ms Collett was a busy rider who had not breached this Rule since March 2016. However, he added that the incident which resulted in this charge caused quite severe interference to K McCulloch, and to a lesser degree M McNab. Mr Coles said that the Stewards believed this incident was well above the mid range on the scale of seriousness and submitted that they considered a period of suspension of Ms Collet's license to ride in races of between 4-5 days would be appropriate. He added in confirmation to a question from the Committee that it would be fair to class Ms Collett as a New Zealand wide rider.
Ms Collett asked that any period of suspension be deferred until after racing at Counties on 31 August. She had nothing else to say.
reasonsforpenalty:
The Committee took careful note of the submissions from the parties. While it was not possible to mitigate Ms Collett's penalty as she defended the charge, she was informed that she would not be penalised for not admitting it.
It was accepted that Ms Collett is a busy and capable rider who rides throughout New Zealand. Her record over the past 12 months could be classed as average for an experienced rider.
The Committee considered that the level of interference caused by Ms Collett was above the mid range; however the consequences were mid-high range and it was fortunate that Mrs McCulloch was able to take evasive action.
The JCA Penalty Guide has a starting point of a 5 day suspension for a breach of this Rule.
The Committee considered a 1 day reduction could be made on Ms Collett's penalty due to her recent record; however balanced against that was that the breach today was quite severe, there were 2 horses affected, and the consequences could have been serious. The Committee did give consideration to an uplift in penalty from the 5 day starting point, however the fact there was some degree of difficulty, however minor, suffered by Ms Collett due to Mr Grylls mount racing ungenerously was a mitigating factor in negating that option.
For the above reasons, a period of suspension of Ms Collett's riding licence of 5 days was believed to be appropriate.
penalty:
Ms Collett is suspended from riding in races from after racing on 31 August to after racing on 9 September 2016 - 5 days.
The racemeetings involved in this suspension are:
2 September - Waipa
3 September - Ellerslie
7 September - Matamata
8 September - New Plymouth
9 September - Otago
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Ms A Collett - Class A Rider of THE CANON
Otherperson: Mr J Oatham - Senior Stipendiary Steward, Mr C Grylls - Class A Rider of FIERTE, Mr M McNab - Class A Rider of CABARET, Mrs K McCulloch - Class A Rider of IT'S A KIND OF MAGIC, Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: aef4b1b1e7d4b5e94d22fc2f45058f91
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meetdate: 24/08/2016
meet_title: Matamata RC - 24 August 2016
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