Archive Decision

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Matamata RC 6 May 2015 – R 3

ID: JCA14581

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr R Schistl - Rider of POWER STAR

Other Person:
Mr M Williamson - Stipendiary Steward, Mr J Oliver - Rider of OUR IFFRAAJ

Information Number:
A6898

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Matamata RC - 6 May 2015

Meet Chair:
ADooley

Race Date:
2015/05/06

Race Number:
R3

Decision:

The Committee note that “interference” is defined 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.

Because Mr Schistl was not the required distance clear of OUR IFFRAAJ when moving in, the Committee find the charge proved.

Penalty:

Accordingly, Mr Schistl had his license to ride in races suspended for a period to commence after racing on 20 and conclude after racing on 1 June 2015 (4 days).

Facts:

Following the running of race 3, Modern Transport Engineers Ltd 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that near the 800 metres Mr Schistl allowed his mount POWER STAR to shift in when not sufficiently clear of OUR IFFRAAJ ( J Oliver) which was checked.

Mr Schistl acknowledged that he understood the nature of the charge, the Rule.

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

Submissions for Decision:

Mr Williamson demonstrated on the head – on video film that Mr Schistl was racing on the outside of the field near the 800 metres. He identified where Mr Schistl permitted his mount to shift in when not the required distance clear of OUR IFFRAAJ. This resulted in Mr Oliver having to take a hold of his mount and he described the check as rather significant. He said in mitigation there was slight movement from BOUNTIFUL which exaggerated the incident.

At this point Mr Schistl said he wished to change his plea because the Stewards had not shown him the head –on video film. He said after viewing the head – on film he wanted to defend the charge. The Committee had no objection to this and the Information was accordingly amended. The Stewards told the Committee that Mr Schistl had seen the head – on video film and there must have been a misunderstanding between parties.

Mr Coles then called Mr Oliver as a witness. Mr Oliver said he was checked a little a bit when Mr Schistl came around his mount and shifted in. He said Mr Schistl was 1 length clear of him when he moved in.

Mr Schistl asked Mr Oliver to watch the head – on film closely to establish if BOUNTIFUL ridden by Mr Cooksley had shifted out and caused a chain reaction which forced Mr Oliver to check his mount. Mr Oliver said he could see where BOUNTIFUL had moved off its line.

Mr Coles in response froze the head – on film at the point where Mr Oliver started to take a hold of his mount and check. Mr Coles asked Mr Oliver if Mr Cooksley had shifted of his line at that point, Mr Oliver said that Mr Cooksley was still following the horse in front of him and had not shifted ground.

Mr Schistl had no further questions of Mr Oliver.

In response to a question from Mr Schistl, Mr Coles said the movement from BOUNTIFUL was minimal.

Mr Schistl said prior to viewing the video footage he thought his mount had shifted in further that it had. He said once Mr Oliver had screamed out to him he took corrective action. He believed that BOUNTIFUL had shifted out and contributed to the incident.

Mr Coles in summing up said he was satisfied that Mr Oliver had confirmed that he received interference as a result of Mr Schistl moving in when not the required distance clear.

Mr Schistl in summing up asked the Committee to carefully view the head – on film during deliberation.

Reasons for Decision:

The Committee carefully considered all the evidence and submissions presented. Having reviewed the video footage several times the Committee established that Mr Scistl allowed his mount to shift in when not the required distance clear of OUR IFFRAAJ. This resulted in that horse having its rightful running taken and was checked sharply losing ground. The head – on film showed that Mr Schistl did try to take corrective action when Mr Oliver called out to him but it was too late to avoid the interference.

The Committee reviewed the head – on video footage which showed Mr Cooksley did not move out until after Mr Oliver checked his mount when Mr Schistl had moved in.

Submissions for Penalty:

Mr Coles submitted that Mr Schistl had his first race day riding in New Zealand at Waikato RC on 2 May and incurred a 4 day suspension which commences after racing on 9 May. He advised that Mr Schistl had about 4,000 rides overseas before coming to New Zealand. He said the level of carelessness was low end and submitted a suspension of 4 days including all North Island meetings would be appropriate. He said it was Mr Schistl's intention to ride everywhere.

Mr Schistl submitted that the level of carelessness was low and he had nothing further to add.

In response to questions from the Committee, Mr Schistl said he was riding track work at Matamata and he was not riding at Hastings on 7 May. When the Committee showed Mr Schistl the upcoming race meetings schedule he said that he was not sure where in the country the meetings were and was unable to provide any evidence of his intentions to ride in the Central Districts.

The Committee read aloud the JCA Penalty Guide regarding calculation of days at the hearing for clarity.

Mr Schistl confirmed that he had engagements at Rotorua on 9 May.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating fact was the level of carelessness which was low. The films showed that Mr Schistl made an error of judgement when allowing his mount to shift into the rightful running line of OUR IFFRAAJ when not the required distance clear. Mr Schistl did take corrective action but it was too late because Mr Oliver was already having to take a hold of his mount. It is of concern to this Committee that Mr Schistl has ridden in a careless manner again. His record from only 2 race days riding in New Zealand can only be described as poor and a clear aggravating fact.

In assessing penalty the Committee has considered Mr Schistl to be a Northern and not Central Region rider. The Committee notes that Mr Schistl was not riding at Hastings on 7 May which is classified as an Industry day. This was in accordance with the Penalty Guide effective 1 May 2015.

After taking into account all the above factors this Committee considers an appropriate penalty is a 4 day suspension.

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: 95796dae44523b6bc190c27278dbe1bf


informantnumber: A6898


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: denied


penaltyrequired: 1


decisiondate: 06/05/2015


hearing_title: Matamata RC 6 May 2015 - R 3


charge:


facts:

Following the running of race 3, Modern Transport Engineers Ltd 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that near the 800 metres Mr Schistl allowed his mount POWER STAR to shift in when not sufficiently clear of OUR IFFRAAJ ( J Oliver) which was checked.

Mr Schistl acknowledged that he understood the nature of the charge, the Rule.

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


appealdecision:


isappeal:


submissionsfordecision:

Mr Williamson demonstrated on the head – on video film that Mr Schistl was racing on the outside of the field near the 800 metres. He identified where Mr Schistl permitted his mount to shift in when not the required distance clear of OUR IFFRAAJ. This resulted in Mr Oliver having to take a hold of his mount and he described the check as rather significant. He said in mitigation there was slight movement from BOUNTIFUL which exaggerated the incident.

At this point Mr Schistl said he wished to change his plea because the Stewards had not shown him the head –on video film. He said after viewing the head – on film he wanted to defend the charge. The Committee had no objection to this and the Information was accordingly amended. The Stewards told the Committee that Mr Schistl had seen the head – on video film and there must have been a misunderstanding between parties.

Mr Coles then called Mr Oliver as a witness. Mr Oliver said he was checked a little a bit when Mr Schistl came around his mount and shifted in. He said Mr Schistl was 1 length clear of him when he moved in.

Mr Schistl asked Mr Oliver to watch the head – on film closely to establish if BOUNTIFUL ridden by Mr Cooksley had shifted out and caused a chain reaction which forced Mr Oliver to check his mount. Mr Oliver said he could see where BOUNTIFUL had moved off its line.

Mr Coles in response froze the head – on film at the point where Mr Oliver started to take a hold of his mount and check. Mr Coles asked Mr Oliver if Mr Cooksley had shifted of his line at that point, Mr Oliver said that Mr Cooksley was still following the horse in front of him and had not shifted ground.

Mr Schistl had no further questions of Mr Oliver.

In response to a question from Mr Schistl, Mr Coles said the movement from BOUNTIFUL was minimal.

Mr Schistl said prior to viewing the video footage he thought his mount had shifted in further that it had. He said once Mr Oliver had screamed out to him he took corrective action. He believed that BOUNTIFUL had shifted out and contributed to the incident.

Mr Coles in summing up said he was satisfied that Mr Oliver had confirmed that he received interference as a result of Mr Schistl moving in when not the required distance clear.

Mr Schistl in summing up asked the Committee to carefully view the head – on film during deliberation.


reasonsfordecision:

The Committee carefully considered all the evidence and submissions presented. Having reviewed the video footage several times the Committee established that Mr Scistl allowed his mount to shift in when not the required distance clear of OUR IFFRAAJ. This resulted in that horse having its rightful running taken and was checked sharply losing ground. The head – on film showed that Mr Schistl did try to take corrective action when Mr Oliver called out to him but it was too late to avoid the interference.

The Committee reviewed the head – on video footage which showed Mr Cooksley did not move out until after Mr Oliver checked his mount when Mr Schistl had moved in.


Decision:

The Committee note that “interference” is defined 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.

Because Mr Schistl was not the required distance clear of OUR IFFRAAJ when moving in, the Committee find the charge proved.


sumissionsforpenalty:

Mr Coles submitted that Mr Schistl had his first race day riding in New Zealand at Waikato RC on 2 May and incurred a 4 day suspension which commences after racing on 9 May. He advised that Mr Schistl had about 4,000 rides overseas before coming to New Zealand. He said the level of carelessness was low end and submitted a suspension of 4 days including all North Island meetings would be appropriate. He said it was Mr Schistl's intention to ride everywhere.

Mr Schistl submitted that the level of carelessness was low and he had nothing further to add.

In response to questions from the Committee, Mr Schistl said he was riding track work at Matamata and he was not riding at Hastings on 7 May. When the Committee showed Mr Schistl the upcoming race meetings schedule he said that he was not sure where in the country the meetings were and was unable to provide any evidence of his intentions to ride in the Central Districts.

The Committee read aloud the JCA Penalty Guide regarding calculation of days at the hearing for clarity.

Mr Schistl confirmed that he had engagements at Rotorua on 9 May.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating fact was the level of carelessness which was low. The films showed that Mr Schistl made an error of judgement when allowing his mount to shift into the rightful running line of OUR IFFRAAJ when not the required distance clear. Mr Schistl did take corrective action but it was too late because Mr Oliver was already having to take a hold of his mount. It is of concern to this Committee that Mr Schistl has ridden in a careless manner again. His record from only 2 race days riding in New Zealand can only be described as poor and a clear aggravating fact.

In assessing penalty the Committee has considered Mr Schistl to be a Northern and not Central Region rider. The Committee notes that Mr Schistl was not riding at Hastings on 7 May which is classified as an Industry day. This was in accordance with the Penalty Guide effective 1 May 2015.

After taking into account all the above factors this Committee considers an appropriate penalty is a 4 day suspension.


penalty:

Accordingly, Mr Schistl had his license to ride in races suspended for a period to commence after racing on 20 and conclude after racing on 1 June 2015 (4 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr R Schistl - Rider of POWER STAR


Otherperson: Mr M Williamson - Stipendiary Steward, Mr J Oliver - Rider of OUR IFFRAAJ


PersonPresent:


Respondent:


StipendSteward:


raceid: b1ea5966f0629a825eee63a7f2c3f1df


race_expapproval:


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race_title: R3


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meet_expapproval:


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meetdate: 06/05/2015


meet_title: Matamata RC - 6 May 2015


meet_expappcomment:


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meet_racingtype: thoroughbred-racing


meet_chair: ADooley


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name: Matamata RC