Archive Decision
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Otago RC 6 March 2011 – R2
ID: JCA16406
Code:
Thoroughbred
Meet Title:
Otago RC - 6 March 2011
Meet Chair:
GHall
Meet Committee Member 1:
JEagles
Race Date:
2011/03/06
Race Number:
R2
Decision:
The defendant admitted the charge, which we thus find proved.
Penalty:
Ms McKay is suspended from riding at the end of racing today, up to and including Saturday 12 March. This is 2 South Island days.
Charge:
Mr Davidson alleged that Ms McKay was guilty of careless riding in that she allowed her mount MCMIGHTY to shift ground inwards when not clear causing THE DEW DROP (T Moseley) to be crowded and to check. This occurred with some 900 metres to run.
Facts:
Mr Davidson had Mr McLaughlin, Stipendiary Steward, show the incident on the videos. He demonstrated on the head-on video that Ms McKay on MCMIGHTY moved across to the rail some 250 metres after the start. The side-on video showed Ms McKay was not her length and another length clear of Mr Moseley, who suffered a check as a consequence.
Mr J McKay, licensed trainer, represented the defendant. He emphasised she had looked before moving and had simply made a miscalculation. Mr Davidson did not disagree with this.
Submissions for Penalty:
Mr Davidson said the defendant was an inexperienced rider who had made a miscalculation. He said Mr Moseley had to check as a consequence of her actions and had made contact with the rail. He submitted a suspension was appropriate but asked this committee to consider that she had admitted the breach.
Mr McKay submitted a suspension was “too tough” and that a fine was appropriate.
Reasons for Penalty:
The video evidence is clear. Ms McKay looked before moving quite sharply from near the centre of the track towards the rail. Ms McKay says, and we accept, she saw Mr Moseley on the rail but believed she could move across safely and in accordance with the rules. Unfortunately, Mr Moseley was pushing his mount forward and when Ms McKay came across she was not her length and another clear. The consequence was that Mr Moseley had to check and made contact with the rail. He called out to Ms McKay but we accept he was too late. Ms McKay had already come across.
We view the breach as being mid range, although at the bottom end, due to the nature of the interference suffered by Mr Moseley. However, there are significant mitigating factors. Ms McKay is an inexperienced rider and has had only some 10 to 12 rides. This is her first breach of the rules and she has been open and honest in her admission of the breach today.
Mr McKay, on the defendant’s behalf, has submitted that a fine is appropriate. We disagree. The breach needs to be marked by a suspension. From a 4 day starting point we allow a discount for the mitigating factors that we have identified.
JCA Decision Fields (raw)
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hearingid: b04623829861860849ce6063233229b2
startdate: no date provided
hearing_title: Otago RC 6 March 2011 - R2
charge:
Mr Davidson alleged that Ms McKay was guilty of careless riding in that she allowed her mount MCMIGHTY to shift ground inwards when not clear causing THE DEW DROP (T Moseley) to be crowded and to check. This occurred with some 900 metres to run.
facts:
Mr Davidson had Mr McLaughlin, Stipendiary Steward, show the incident on the videos. He demonstrated on the head-on video that Ms McKay on MCMIGHTY moved across to the rail some 250 metres after the start. The side-on video showed Ms McKay was not her length and another length clear of Mr Moseley, who suffered a check as a consequence.
Mr J McKay, licensed trainer, represented the defendant. He emphasised she had looked before moving and had simply made a miscalculation. Mr Davidson did not disagree with this.
Decision:
The defendant admitted the charge, which we thus find proved.
sumissionsforpenalty:
Mr Davidson said the defendant was an inexperienced rider who had made a miscalculation. He said Mr Moseley had to check as a consequence of her actions and had made contact with the rail. He submitted a suspension was appropriate but asked this committee to consider that she had admitted the breach.
Mr McKay submitted a suspension was “too tough” and that a fine was appropriate.
reasonsforpenalty:
The video evidence is clear. Ms McKay looked before moving quite sharply from near the centre of the track towards the rail. Ms McKay says, and we accept, she saw Mr Moseley on the rail but believed she could move across safely and in accordance with the rules. Unfortunately, Mr Moseley was pushing his mount forward and when Ms McKay came across she was not her length and another clear. The consequence was that Mr Moseley had to check and made contact with the rail. He called out to Ms McKay but we accept he was too late. Ms McKay had already come across.
We view the breach as being mid range, although at the bottom end, due to the nature of the interference suffered by Mr Moseley. However, there are significant mitigating factors. Ms McKay is an inexperienced rider and has had only some 10 to 12 rides. This is her first breach of the rules and she has been open and honest in her admission of the breach today.
Mr McKay, on the defendant’s behalf, has submitted that a fine is appropriate. We disagree. The breach needs to be marked by a suspension. From a 4 day starting point we allow a discount for the mitigating factors that we have identified.
penalty:
Ms McKay is suspended from riding at the end of racing today, up to and including Saturday 12 March. This is 2 South Island days.
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Ms A McKay - Apprentice Jockey
raceid: 6436f87f3d7292b01299b0f4c5b14d62
meetid: 3b8a9fc7baca24f0559f3edf674ea308
meet_title: Otago RC - 6 March 2011
meet_km: [{"Comment": [], "kmprice": 161.19999999999999, "MemberID": "GHall", "Member": "", "KMs": "260", "OtherExpenses": "0", "Total": 161.19999999999999, "MemberRole": "Chair ", "Approved": []}]
meet_racingtype: thoroughbred-racing
