Archive Decision

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Otago RC 2 February 2019 – R 5 – Chair, Prof G Hall

ID: JCA11849

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Ms K Cowan - Apprentice Jockey

Other Person:
Mr D Walsh - Apprentice Jockey Mentor assisting Miss Cowan, Mr J McLaughlin - Stipendiary Steward

Information Number:
A9067

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 2 February 2019

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2019/02/02

Race Number:
R 5

Decision:

Ms Cowan admitted the charge and it is found to be proved.

Penalty:

Ms Cowan is suspended from the completion of racing on 9 February up to and including 28 February 2019 (12 days).

Facts:

Following the running of race 5, the White Robe Lodge Staff Reunion 2200 metres, the Stewards lodged an Information alleging Ms Cowan breached rule 638(1)(d) (careless riding) in that she permitted her mount MOSSY CREEK to shift outwards passing the 200 metres causing COUNTESS RUBY (L Hemi) to be severely checked and to blunder.

Ms Cowan admitted the charge and appeared at the hearing assisted by Mr D Walsh.

Mr McLaughlin, with the aid of the video replays, said Ms Cowan (MOSSY CREEK) was trailing the leaders into the home straight. Prior to the 200 metres mark Ms Cowan shifted outwards into clear racing room. However, Ms Cowan continued to shift outwards and took the line of COUNTESS RUBY (L Hemi). Ms Hemi was forced to take a hold of her mount causing her mount to be severely checked and blunder. Ms Hemi was almost dislodged in the incident and lost any chance.

Mr Davidson stated that Ms Cowan did not need to come out as far as she did. She had shifted at least three to four horse widths and was barely a length clear before the interference occurred.

Ms Cowan said she had made an error and it was a bad mistake on her part. She said her horse was going well and she had misjudged how far she had shifted outwards.

Mr Walsh stated that Ms Cowan used the whip in her left hand and had shifted wider than she needed to.

Submissions for Penalty:

Mr Davidson said Ms Cowan had five previous suspensions within the past 12 months. She had ridden 111 times this season with about 80 rides since her last suspension at Ashburton on 29 October. He said this incident resulted in a severe check and a rider was almost dislodged. He sought a penalty at the higher end of the scale.

Ms Cowan asked for a deferment until after Riccarton on 9 February.

Mr Walsh stated Ms Cowan had admitted the charge at the earliest opportunity and was remorseful.

Reasons for Penalty:

Ms Cowan has shifted out abruptly when she was not her length and another clear. Ms Hemi was badly checked and she was lucky not to fall. The breach is thus high end. We take a 10-day starting point and increase this to 14 days for record and the severity of the breach.

Ms Cowan has frankly admitted the breach and is extremely remorseful. She said she had never had to practice right hand whip action at apprentice school. Many of the tracks in the North island were right-handed tracks and thus she did not have the same problem of her horse shifting out under her left hand whip action. She expressed a willingness to take instruction with respect to this issue. She said she had not anticipated her horse shifting out to the extent that it had. We give a two-day discount for her openness with respect to the admission of the breach and her evident desire to upskill in regards to her whip action.

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: 33633ff80c78f9a35a3df94158c263c1


informantnumber: A9067


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 07/02/2019


hearing_title: Otago RC 2 February 2019 - R 5 - Chair, Prof G Hall


charge:


facts:

Following the running of race 5, the White Robe Lodge Staff Reunion 2200 metres, the Stewards lodged an Information alleging Ms Cowan breached rule 638(1)(d) (careless riding) in that she permitted her mount MOSSY CREEK to shift outwards passing the 200 metres causing COUNTESS RUBY (L Hemi) to be severely checked and to blunder.

Ms Cowan admitted the charge and appeared at the hearing assisted by Mr D Walsh.

Mr McLaughlin, with the aid of the video replays, said Ms Cowan (MOSSY CREEK) was trailing the leaders into the home straight. Prior to the 200 metres mark Ms Cowan shifted outwards into clear racing room. However, Ms Cowan continued to shift outwards and took the line of COUNTESS RUBY (L Hemi). Ms Hemi was forced to take a hold of her mount causing her mount to be severely checked and blunder. Ms Hemi was almost dislodged in the incident and lost any chance.

Mr Davidson stated that Ms Cowan did not need to come out as far as she did. She had shifted at least three to four horse widths and was barely a length clear before the interference occurred.

Ms Cowan said she had made an error and it was a bad mistake on her part. She said her horse was going well and she had misjudged how far she had shifted outwards.

Mr Walsh stated that Ms Cowan used the whip in her left hand and had shifted wider than she needed to.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Cowan admitted the charge and it is found to be proved.


sumissionsforpenalty:

Mr Davidson said Ms Cowan had five previous suspensions within the past 12 months. She had ridden 111 times this season with about 80 rides since her last suspension at Ashburton on 29 October. He said this incident resulted in a severe check and a rider was almost dislodged. He sought a penalty at the higher end of the scale.

Ms Cowan asked for a deferment until after Riccarton on 9 February.

Mr Walsh stated Ms Cowan had admitted the charge at the earliest opportunity and was remorseful.


reasonsforpenalty:

Ms Cowan has shifted out abruptly when she was not her length and another clear. Ms Hemi was badly checked and she was lucky not to fall. The breach is thus high end. We take a 10-day starting point and increase this to 14 days for record and the severity of the breach.

Ms Cowan has frankly admitted the breach and is extremely remorseful. She said she had never had to practice right hand whip action at apprentice school. Many of the tracks in the North island were right-handed tracks and thus she did not have the same problem of her horse shifting out under her left hand whip action. She expressed a willingness to take instruction with respect to this issue. She said she had not anticipated her horse shifting out to the extent that it had. We give a two-day discount for her openness with respect to the admission of the breach and her evident desire to upskill in regards to her whip action.


penalty:

Ms Cowan is suspended from the completion of racing on 9 February up to and including 28 February 2019 (12 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Ms K Cowan - Apprentice Jockey


Otherperson: Mr D Walsh - Apprentice Jockey Mentor assisting Miss Cowan, Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 35b06f075766e84a508ac9e658e5f4a7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a6fbc15d92500b0c224bb7528e740ad4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/02/2019


meet_title: Otago RC - 2 February 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Otago RC