Archive Decision

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Otago RC 16 October 2020 – R 9 – Chair, Prof G Hall

ID: JCA17597

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr Y Chew - Apprentice Jockey

Other Person:
Mr K Tyler - Licensed Trainer assisting Mr Chew, Mr V Munro - Stipendiary Steward

Information Number:
A11894

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 16 October 2020

Meet Chair:
GHall

Race Date:
2020/10/16

Race Number:
R 9

Decision:

As Mr Chew has admitted the breach, it is found to be proved.

Penalty:

Mr Chew’s licence is suspended for 4 days. This is from the end of racing on 19 October up to and including 24 October 2020.

Facts:

Mr Davidson alleged that in Race 9 Mr Chew (FULL FURY), rode carelessly in that he allowed his mount to shift in when not clear of RAISE YOU FIVE (J Lowry) which was checked near the 200 metres.

Mr Munro demonstrated on the films that Mr Chew was towards the rear of the field with a horse to his outside. He shifted inwards following Ms Jonker who had done the same. In so doing he checked Mr Lowry who was racing in tight quarters.

Mr Davidson said Mr Lowry had improved to the inside of Mr Chew when the Respondent had shifted in. He acknowledged there was a lot happening to the inside of Mr Lowry at this time as well. Mr Cuneen, who was to the inside of Mr Lowry, was racing tight against him. There was thus nowhere for Mr Lowry to go when Mr Chew shifted in.

Mr Chew did not dispute that he had shifted in. He said he was trying his best to give his mount every chance in the race. When questioned by the Committee, he said he was not aware that Mr Lowry was to his inside.

Mr Tyler said that Mr Lowry’s mount had over-reacted and that Mr Cuneen had shifted ground as well. That was why he had considered advising Mr Chew to defend the charge before deciding the better course was to admit it.

Submissions for Penalty:

Mr Davidson produced the Respondent’s record, which was excellent with no breaches of this Rule or any other Rule in the past 12 months. He described the breach as low range.

Mr Tyler reiterated that the breach was at the lower end. He asked the Committee to take into account Mr Chew’s record and that he had admitted the breach.

Reasons for Penalty:

The breach is low range. Mr Chew has shifted inwards on the track and checked and crowded Mr Lowry. The obligation on Mr Chew is to be his length and another clear. He was not. Mr Cuneen who was racing to the inside has shifted ground, as Mr Tyler pointed out, but this movement was prior to Mr Chew shifting in. However, Mr Lowry was already racing in tight quarters when Mr Chew came in.

A starting point of 6 days is appropriate. Mr Chew’s record is excellent. This is his second season of riding and it is the first charge of any nature that he has faced. He is a South Island rider and has had over 60 rides in this time. A 2-day credit is appropriate for this and his admission of the breach.

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: f6d7f2d24b7c57e25b230fcc0f2dd43a


informantnumber: A11894


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 18/10/2020


hearing_title: Otago RC 16 October 2020 - R 9 - Chair, Prof G Hall


charge:


facts:

Mr Davidson alleged that in Race 9 Mr Chew (FULL FURY), rode carelessly in that he allowed his mount to shift in when not clear of RAISE YOU FIVE (J Lowry) which was checked near the 200 metres.

Mr Munro demonstrated on the films that Mr Chew was towards the rear of the field with a horse to his outside. He shifted inwards following Ms Jonker who had done the same. In so doing he checked Mr Lowry who was racing in tight quarters.

Mr Davidson said Mr Lowry had improved to the inside of Mr Chew when the Respondent had shifted in. He acknowledged there was a lot happening to the inside of Mr Lowry at this time as well. Mr Cuneen, who was to the inside of Mr Lowry, was racing tight against him. There was thus nowhere for Mr Lowry to go when Mr Chew shifted in.

Mr Chew did not dispute that he had shifted in. He said he was trying his best to give his mount every chance in the race. When questioned by the Committee, he said he was not aware that Mr Lowry was to his inside.

Mr Tyler said that Mr Lowry’s mount had over-reacted and that Mr Cuneen had shifted ground as well. That was why he had considered advising Mr Chew to defend the charge before deciding the better course was to admit it.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Chew has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Davidson produced the Respondent’s record, which was excellent with no breaches of this Rule or any other Rule in the past 12 months. He described the breach as low range.

Mr Tyler reiterated that the breach was at the lower end. He asked the Committee to take into account Mr Chew’s record and that he had admitted the breach.


reasonsforpenalty:

The breach is low range. Mr Chew has shifted inwards on the track and checked and crowded Mr Lowry. The obligation on Mr Chew is to be his length and another clear. He was not. Mr Cuneen who was racing to the inside has shifted ground, as Mr Tyler pointed out, but this movement was prior to Mr Chew shifting in. However, Mr Lowry was already racing in tight quarters when Mr Chew came in.

A starting point of 6 days is appropriate. Mr Chew’s record is excellent. This is his second season of riding and it is the first charge of any nature that he has faced. He is a South Island rider and has had over 60 rides in this time. A 2-day credit is appropriate for this and his admission of the breach.


penalty:

Mr Chew’s licence is suspended for 4 days. This is from the end of racing on 19 October up to and including 24 October 2020.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr Y Chew - Apprentice Jockey


Otherperson: Mr K Tyler - Licensed Trainer assisting Mr Chew, Mr V Munro - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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