Otago RC 1 February 2014 – R 3
ID: JCA14218
Code:
Thoroughbred
Meet Title:
Otago RC - 1 February 2014
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Meet Committee Member 2:
DJackson
Race Date:
2014/02/01
Race Number:
R 3
Decision:
We are satisfied that by moving inwards when not sufficiently clear of Mr Bradley Ms Direen is in breach of r 638(1)(d) (careless riding).
Penalty:
Ms Direen is suspended for 3 South Island days: Ashburton 10 February, and Invercargill 15 and 17 February. The suspension commences after racing on 5 February and ends at the conclusion of racing on 17 February.
Facts:
Following the running of race 3 the Metro Reality Premier Mr Davidson alleged that Ms Direen (BLUE ’N’ GOLD) shifted inwards passing the 1950 metres when not clear of KINA WIN (D Bradley) which was taken in resulting in a check to RIGHT ROYAL ROSE (J Morris).
Ms Direen denied the charge and was represented at the hearing by Mr Anderton.
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 Davidson demonstrated on the videos that Ms Direen was racing 4 wide some 100 metres after the start and, after looking, she shifted inwards crowding Mr Bradley and checking Ms Morris. Mr Davidson alleged that Mr Bradley was taken in by Ms Direen and was unable to relieve the pressure that he was consequently placing on Ms Morris, who was racing on the rail on his inner. Mr Davidson acknowledged that RIGHT ROYAL ROSE was racing keenly at the time Ms Morris had to steady.
Mr Davidson first called Ms Morris to give evidence. She stated that shortly after the start and as the horses reached the winning post for the first time she received tightening from her outside. Racing immediately on her outside was Mr Bradley. She said her horse was racing ungenerously at the time and she had had to take hold. She confirmed when questioned by Mr Anderton that her horse was over-racing. She also reiterated that she had run out of room due to pressure from her outside and in order to avoid the mount of Mr Bradley.
Mr Bradley gave evidence that he was one-off the fence and was pressured from his outside by Ms Direen who was racing 3 wide. He said Ms Direen was going forward and had crossed when “not quite the required distance”. He had had to take a hold of his horse as a consequence. He had been dictated in a fraction by Ms Direen and had had to ease in order to avoid her heels. He was aware he had tightened the horse on his inside (RIGHT ROYAL ROSE) but he had had no opportunity to relieve the pressure.
In response to questioning by Mr Anderton, Mr Bradley agreed that Ms Morris’ mount appeared to be over-racing but there was no pressure from his inside. Ms Morris had had to take evasive action when he was forced inwards. In response to questioning by the Committee, he said there had been no calling and that the respondent was only her own length clear when she crossed.
Mr Anderton demonstrated on the videos that RIGHT ROYAL ROSE was over-racing before the incident. She was already in trouble before Ms Direen moved inwards. He said Ms Direen had placed no pressure on Mr Bradley, as she was clear of him when she crossed. Mr Bradley, he believed, was moving inwards as well and had put himself in an awkward position as a consequence. When questioned by the Committee as to whether the videos demonstrated that Ms Direen was the required distance clear, he said the video angles could be deceptive and that there was only a quarter of a length in it. He said jockeys frequently crossed another horse in this manner. He emphasised there had been no calling.
In summing up, Mr Davidson said Ms Direen was dictating Mr Bradley inwards on to Ms Morris. He accepted RIGHT ROYAL ROSE was over-racing but nevertheless that horse had been crowded when the respondent crossed Mr Bradley when only 1 length clear. He demonstrated again on the video that Mr Bradley was just inside Ms Direen’s heels. She needed to give him another ½ or ¼ of a length.
Mr Anderton said Ms Direen was clear at the time RIGHT ROYAL ROSE was crowded. He questioned why Mr Bradley had not yelled if he was under pressure. It was just general tightening, nothing more.
Reasons for Decision:
Ms Morris and Mr Bradley are entitled to their racing room. They did not receive it. The videos and the oral evidence from Ms Morris and Mr Bradley clearly establishes that they both received interference when Ms Direen moved inwards from a three wide position as the horse passed the winning post for the first time. Mr Bradley is dictated inwards by Ms Direen and as a consequence he is crowded and his horse placed pressure on RIGHT ROYAL ROSE, which, as everyone has accepted, was over-racing at the time and already giving Ms Morris a difficult ride.
Mr Bradley further stated that Ms Direen was only her length clear and he had to check off her heels and move inwards slightly. This is also supported by the video evidence, which shows that the respondent was not her length and another clear. We believe Mr Davidson may be generous to Ms Direen when he says there was only a ¼ to 1/2 a length in it (ie by way of misjudgment). We believe the margin by which Ms Direen is clear to be ½ a length at best and possibly only a ¼ of a length. However, she is not the required one length plus her own length clear. Mr Bradley was concerned he was going to get onto the heels of Ms Direen and as a consequence has had to ease and has also moved in slightly, crowding Ms Morris. They have both suffered interference.
Submissions for Penalty:
Mr Davidson produced the respondent’s record, which evidenced 2 breaches in the past 12 months. Ms Direen received 3 days at Otago on 18 April 2013 and 2 days at Southland on 14 December 2013. He described the breach as mid to low range and submitted a suspension of 2 to 3 days was appropriate.
Ms Direen asked for a deferral of the suspension and after conferring with Mr Moseley submitted the breach was low end and only a short suspension was appropriate.
Reasons for Penalty:
We are satisfied that the breach is correctly described as being in the low to medium range. Both Mr Bradley and Ms Morris were entitled to racing room and they did not receive this because of the actions of Ms Direen. Although the breach has occurred on a Premier Day, we note this was not a listed or group race.
Ms Direen is a busy rider and her record can be seen to be a good one. From a 5-day starting point, we give a one day reduction for record and the fact that she is an apprentice riding solely in the South Island.
JCA Decision Fields (raw)
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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: a8ce13b97ddd1718d8504115929b8d09
informantnumber: A5799
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 22/01/2014
hearing_title: Otago RC 1 February 2014 - R 3
charge:
facts:
Following the running of race 3 the Metro Reality Premier Mr Davidson alleged that Ms Direen (BLUE ’N’ GOLD) shifted inwards passing the 1950 metres when not clear of KINA WIN (D Bradley) which was taken in resulting in a check to RIGHT ROYAL ROSE (J Morris).
Ms Direen denied the charge and was represented at the hearing by Mr Anderton.
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 Davidson demonstrated on the videos that Ms Direen was racing 4 wide some 100 metres after the start and, after looking, she shifted inwards crowding Mr Bradley and checking Ms Morris. Mr Davidson alleged that Mr Bradley was taken in by Ms Direen and was unable to relieve the pressure that he was consequently placing on Ms Morris, who was racing on the rail on his inner. Mr Davidson acknowledged that RIGHT ROYAL ROSE was racing keenly at the time Ms Morris had to steady.
Mr Davidson first called Ms Morris to give evidence. She stated that shortly after the start and as the horses reached the winning post for the first time she received tightening from her outside. Racing immediately on her outside was Mr Bradley. She said her horse was racing ungenerously at the time and she had had to take hold. She confirmed when questioned by Mr Anderton that her horse was over-racing. She also reiterated that she had run out of room due to pressure from her outside and in order to avoid the mount of Mr Bradley.
Mr Bradley gave evidence that he was one-off the fence and was pressured from his outside by Ms Direen who was racing 3 wide. He said Ms Direen was going forward and had crossed when “not quite the required distance”. He had had to take a hold of his horse as a consequence. He had been dictated in a fraction by Ms Direen and had had to ease in order to avoid her heels. He was aware he had tightened the horse on his inside (RIGHT ROYAL ROSE) but he had had no opportunity to relieve the pressure.
In response to questioning by Mr Anderton, Mr Bradley agreed that Ms Morris’ mount appeared to be over-racing but there was no pressure from his inside. Ms Morris had had to take evasive action when he was forced inwards. In response to questioning by the Committee, he said there had been no calling and that the respondent was only her own length clear when she crossed.
Mr Anderton demonstrated on the videos that RIGHT ROYAL ROSE was over-racing before the incident. She was already in trouble before Ms Direen moved inwards. He said Ms Direen had placed no pressure on Mr Bradley, as she was clear of him when she crossed. Mr Bradley, he believed, was moving inwards as well and had put himself in an awkward position as a consequence. When questioned by the Committee as to whether the videos demonstrated that Ms Direen was the required distance clear, he said the video angles could be deceptive and that there was only a quarter of a length in it. He said jockeys frequently crossed another horse in this manner. He emphasised there had been no calling.
In summing up, Mr Davidson said Ms Direen was dictating Mr Bradley inwards on to Ms Morris. He accepted RIGHT ROYAL ROSE was over-racing but nevertheless that horse had been crowded when the respondent crossed Mr Bradley when only 1 length clear. He demonstrated again on the video that Mr Bradley was just inside Ms Direen’s heels. She needed to give him another ½ or ¼ of a length.
Mr Anderton said Ms Direen was clear at the time RIGHT ROYAL ROSE was crowded. He questioned why Mr Bradley had not yelled if he was under pressure. It was just general tightening, nothing more.
reasonsfordecision:
Ms Morris and Mr Bradley are entitled to their racing room. They did not receive it. The videos and the oral evidence from Ms Morris and Mr Bradley clearly establishes that they both received interference when Ms Direen moved inwards from a three wide position as the horse passed the winning post for the first time. Mr Bradley is dictated inwards by Ms Direen and as a consequence he is crowded and his horse placed pressure on RIGHT ROYAL ROSE, which, as everyone has accepted, was over-racing at the time and already giving Ms Morris a difficult ride.
Mr Bradley further stated that Ms Direen was only her length clear and he had to check off her heels and move inwards slightly. This is also supported by the video evidence, which shows that the respondent was not her length and another clear. We believe Mr Davidson may be generous to Ms Direen when he says there was only a ¼ to 1/2 a length in it (ie by way of misjudgment). We believe the margin by which Ms Direen is clear to be ½ a length at best and possibly only a ¼ of a length. However, she is not the required one length plus her own length clear. Mr Bradley was concerned he was going to get onto the heels of Ms Direen and as a consequence has had to ease and has also moved in slightly, crowding Ms Morris. They have both suffered interference.
Decision:
We are satisfied that by moving inwards when not sufficiently clear of Mr Bradley Ms Direen is in breach of r 638(1)(d) (careless riding).
sumissionsforpenalty:
Mr Davidson produced the respondent’s record, which evidenced 2 breaches in the past 12 months. Ms Direen received 3 days at Otago on 18 April 2013 and 2 days at Southland on 14 December 2013. He described the breach as mid to low range and submitted a suspension of 2 to 3 days was appropriate.
Ms Direen asked for a deferral of the suspension and after conferring with Mr Moseley submitted the breach was low end and only a short suspension was appropriate.
reasonsforpenalty:
We are satisfied that the breach is correctly described as being in the low to medium range. Both Mr Bradley and Ms Morris were entitled to racing room and they did not receive this because of the actions of Ms Direen. Although the breach has occurred on a Premier Day, we note this was not a listed or group race.
Ms Direen is a busy rider and her record can be seen to be a good one. From a 5-day starting point, we give a one day reduction for record and the fact that she is an apprentice riding solely in the South Island.
penalty:
Ms Direen is suspended for 3 South Island days: Ashburton 10 February, and Invercargill 15 and 17 February. The suspension commences after racing on 5 February and ends at the conclusion of racing on 17 February.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Ms T Direen - Licensed Apprentice Jockey
Otherperson: Mr S Anderton - Licensed Trainer assisting Ms Direen, Ms J Morris - Licensed Jockey and witness for the informant, Mr D Bradley - Licensed Jockey and witness for the informant, Mr T Moseley - assisting Ms Direen (at the penalty hearing)
PersonPresent:
Respondent:
StipendSteward:
raceid: c2bb1c510d76be4365ab7fea9833f661
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
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meetid: f59b850b3e4e799d7e9e731a06464cde
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waitingforpublication: 0
meet_emailed1: 0
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meetdate: 01/02/2014
meet_title: Otago RC - 1 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: DJackson
name: Otago RC