Otago RC 28 July 2014 – R 3
ID: JCA11868
Code:
Thoroughbred
Meet Title:
Otago RC - 28 July 2014
Meet Chair:
GHall
Race Date:
2014/07/28
Race Number:
R3
Decision:
Mr Cuneen admitted the breach. The breach is thus proved.
Penalty:
Mr Cuneen is suspended from the end of his current suspension, which is 8 August, up to and including 14 August. This is 2 South Island days. He is also fined the sum of $200 and reminded of his obligations under the Rules of Racing.
Facts:
Mr Davidson alleged that in race 3 the Pro Event Maiden 1600 Mr Cuneen allowed his mount MISS MIA to shift ground outwards checking WILD BILL which lost momentum and ground.
Mr Davidson asked Mr Allison, Stipendiary Steward, to demonstrate the incident on the videos. He pointed out that MISS MIA was racing behind ASTROTURF when MISS MIA shifted outwards on the track. MISS MIA came into the line of WILD BILL, which was finishing strongly, and the rider of that horse had to take a sharp hold. The side-on video demonstrated there was plenty of room between MISS MIA and the horse in front, which was ASTROTURF.
Mr Davidson stated the connections of WILD BILL had briefly considered a protest but as the incident was only about 25 metres from the winning post they did not pursue it.
Mr Cuneen’s explanation for his angling out was that MISS MIA did not like the mud that was being thrown up by ASTROTURF and he was looking for clear air. He said MISS MIA had over-reacted when he had pulled her out from behind ASTROTURF. He said he was aware there was a horse on his outside as he could hear it but he did not realise it was finishing as strongly as it was, and there had been no yelling from its rider, Mr Bothamley.
Mr Ridley stated that after the meeting last Friday he had had a long discussion with Mr Cuneen about the need to keep straight and he agreed with Mr Cuneen’s statement that the horse had moved a bit further out than Mr Cuneen had anticipated.
Submissions for Penalty:
Mr Davidson described the breach as mid to low range. He said it was a “nasty check” but emphasised the placings had not been affected by the respondent’s actions.
He produced the respondent’s record, which showed a breach only last Friday when Mr Cuneen was suspended for 2 days. He was riding today under a deferment and the suspension covered 2 of the days of the upcoming Riccarton carnival. He said Mr Cuneen was a 3 kilo claimer who was a popular choice of the South Island trainers. He had had some 50 rides since coming south, was riding well and had ridden a number of winners.
Mr Davidson submitted a 2 to 3 day suspension was appropriate.
Mr Ridley asked for a one day suspension, emphasising that Mr Cuneen was missing feature days at Riccarton. Mr Cuneen was contrite.
Reasons for Penalty:
The breach is correctly described as mid to low range. WILD BILL, when finishing strongly to the outside of MISS MIA, has received a significant check. The placings, however, were not affected by Mr Cuneen’s actions. The aggravating feature is the respondent’s recent breach of the rule. Up until that time he had had a clear record under the Rules. The mitigating factor is the admission of the breach.
From a 5 day starting point, a one day reduction is made for the low level nature of the breach and another for its admission. This leaves a 3 day suspension. However, if that is the penalty that is imposed, Mr Cuneen will not have ridden for over a month. The Committee does not believe it is appropriate for a promising apprentice to spend such a period of time on the sideline, when the breach itself is a low level misjudgement. The Committee discussed the possibility of converting one day of the suspension into a fine. Mr Davidson objected to this and reiterated he believed a 2 or 3 day suspension was the appropriate penalty. Mr Ridley and Mr Cuneen both said Mr Cuneen was in a position to meet a fine.
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: 2e4e99547fc565b79784431cb42f5a5e
informantnumber: A3865
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 25/07/2014
hearing_title: Otago RC 28 July 2014 - R 3
charge:
facts:
Mr Davidson alleged that in race 3 the Pro Event Maiden 1600 Mr Cuneen allowed his mount MISS MIA to shift ground outwards checking WILD BILL which lost momentum and ground.
Mr Davidson asked Mr Allison, Stipendiary Steward, to demonstrate the incident on the videos. He pointed out that MISS MIA was racing behind ASTROTURF when MISS MIA shifted outwards on the track. MISS MIA came into the line of WILD BILL, which was finishing strongly, and the rider of that horse had to take a sharp hold. The side-on video demonstrated there was plenty of room between MISS MIA and the horse in front, which was ASTROTURF.
Mr Davidson stated the connections of WILD BILL had briefly considered a protest but as the incident was only about 25 metres from the winning post they did not pursue it.
Mr Cuneen’s explanation for his angling out was that MISS MIA did not like the mud that was being thrown up by ASTROTURF and he was looking for clear air. He said MISS MIA had over-reacted when he had pulled her out from behind ASTROTURF. He said he was aware there was a horse on his outside as he could hear it but he did not realise it was finishing as strongly as it was, and there had been no yelling from its rider, Mr Bothamley.
Mr Ridley stated that after the meeting last Friday he had had a long discussion with Mr Cuneen about the need to keep straight and he agreed with Mr Cuneen’s statement that the horse had moved a bit further out than Mr Cuneen had anticipated.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Cuneen admitted the breach. The breach is thus proved.
sumissionsforpenalty:
Mr Davidson described the breach as mid to low range. He said it was a “nasty check” but emphasised the placings had not been affected by the respondent’s actions.
He produced the respondent’s record, which showed a breach only last Friday when Mr Cuneen was suspended for 2 days. He was riding today under a deferment and the suspension covered 2 of the days of the upcoming Riccarton carnival. He said Mr Cuneen was a 3 kilo claimer who was a popular choice of the South Island trainers. He had had some 50 rides since coming south, was riding well and had ridden a number of winners.
Mr Davidson submitted a 2 to 3 day suspension was appropriate.
Mr Ridley asked for a one day suspension, emphasising that Mr Cuneen was missing feature days at Riccarton. Mr Cuneen was contrite.
reasonsforpenalty:
The breach is correctly described as mid to low range. WILD BILL, when finishing strongly to the outside of MISS MIA, has received a significant check. The placings, however, were not affected by Mr Cuneen’s actions. The aggravating feature is the respondent’s recent breach of the rule. Up until that time he had had a clear record under the Rules. The mitigating factor is the admission of the breach.
From a 5 day starting point, a one day reduction is made for the low level nature of the breach and another for its admission. This leaves a 3 day suspension. However, if that is the penalty that is imposed, Mr Cuneen will not have ridden for over a month. The Committee does not believe it is appropriate for a promising apprentice to spend such a period of time on the sideline, when the breach itself is a low level misjudgement. The Committee discussed the possibility of converting one day of the suspension into a fine. Mr Davidson objected to this and reiterated he believed a 2 or 3 day suspension was the appropriate penalty. Mr Ridley and Mr Cuneen both said Mr Cuneen was in a position to meet a fine.
penalty:
Mr Cuneen is suspended from the end of his current suspension, which is 8 August, up to and including 14 August. This is 2 South Island days. He is also fined the sum of $200 and reminded of his obligations under the Rules of Racing.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr R Cuneen, Apprentice Jockey
Otherperson: Mr N Ridley, Licensed Trainer, assisting Mr Cuneen, Mr C Allison - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bc66b5ebcae6a3e39fbfaa07a2647a6c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 38dabdf1d40305882c0fd375eb794476
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/07/2014
meet_title: Otago RC - 28 July 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Otago RC