Archive Decision

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Otaki-Maori RC 27 February 2021 – R 7 – Chair, Mrs N Moffatt

ID: JCA13891

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr S O'Malley - Apprentice Jockey

Other Person:
Ms K Clapperton - Central Districts Apprentice Mentor - accompanying Mr O'Malley

Information Number:
A14129

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otaki-Maori RC - 27 February 2021

Meet Chair:
NMoffatt

Meet Committee Member 1:
BMainwaring

Race Date:
2021/02/27

Race Number:
R 7

Decision:

As Mr O’Malley admitted the breach, it was deemed to be proved.

Penalty:

Therefore, Mr O’Malley’s licence is suspended for 6 riding days from close of racing Saturday 27th February 2021 up to and including Friday 12th March 2021.

In addition to the foregoing Mr O’Malley is fined a sum of $750.

Facts:

Following the running of race 7 (El Cheapo Cars Weight for Age Classic) an Information was lodged by Mr Goodwin alleging a breach of Rule 628 (1) (d) in that Mr O’Malley allowed his mount DEERFIELD to shift in when insufficiently clear of AVANTAGE which was crowded inwards onto CALLSIGN MAV who were both crowded and buffeted passing the 1200 metres.

Mr O’Malley confirmed that he understood the breach and admitted the charge.

Video evidence was provided outlining the incident. Approaching the 1200 metre mark Mr O‘Malley’s mount was approximately 4-5 horse width away from the fence. On his inside were Avantage (Mr Bosson), Callsign Mav (Mr Riddell) and House of Cartier (Ms Schofer). Mr O’Malley urged his mount forward in an attempt to get to the front and fence.

When doing so his mount was insufficiently clear of the horses to his inside who, as a result of his actions were hampered. Mr Goodwin contended that this amounted to careless riding commenting that ‘four does not go into three’.

When asked to comment Mr O’Malley said he was endeavouring to improve his chances by getting to the front but implied his mount was not comfortable in doing so. Nonetheless, he admitted the incident was an error in judgement.

Ms Clapperton was of the view that Mr Bosson (Avantage) did have an opportunity to ease his mount and by not doing so exacerbated the incident.

Submissions for Penalty:

Mr Goodwin presented Mr O’Malley’s positive riding record noting that during the current 2020/2021 season he has been engaged for 213 rides without any resulting careless riding charge.

Mr Goodwin described that in his view the breach amounted to careless riding mid-range. The Committee concur with this.

Mr O’Malley conveyed that he has no confirmed riding commitments within the next 7 days and asked that any penalty take effect immediately.

Reasons for Penalty:

NZTR revised Penalty Guidelines for careless riding (effective 9 December 2020) outline a 5-day suspension and $500 as a starting point for a mid-range careless riding breach.

In this particular case the status of the race (Group 1) is to be taken into consideration and the committee consider an up lift of 3 days is appropriate i.e. 8 riding days.

Conversely, mitigating factors requiring consideration were Mr O’Malley’s commendable riding record, his ready acceptance of fault and admission of the breach.

Consequently, we have reduced penalty by 2 days i.e.: 6 riding days.

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: 7d722ed9461d4ffc91c37f6165a41770


informantnumber: A14129


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 01/03/2021


hearing_title: Otaki-Maori RC 27 February 2021 - R 7 - Chair, Mrs N Moffatt


charge:


facts:

Following the running of race 7 (El Cheapo Cars Weight for Age Classic) an Information was lodged by Mr Goodwin alleging a breach of Rule 628 (1) (d) in that Mr O’Malley allowed his mount DEERFIELD to shift in when insufficiently clear of AVANTAGE which was crowded inwards onto CALLSIGN MAV who were both crowded and buffeted passing the 1200 metres.

Mr O’Malley confirmed that he understood the breach and admitted the charge.

Video evidence was provided outlining the incident. Approaching the 1200 metre mark Mr O‘Malley’s mount was approximately 4-5 horse width away from the fence. On his inside were Avantage (Mr Bosson), Callsign Mav (Mr Riddell) and House of Cartier (Ms Schofer). Mr O’Malley urged his mount forward in an attempt to get to the front and fence.

When doing so his mount was insufficiently clear of the horses to his inside who, as a result of his actions were hampered. Mr Goodwin contended that this amounted to careless riding commenting that ‘four does not go into three’.

When asked to comment Mr O’Malley said he was endeavouring to improve his chances by getting to the front but implied his mount was not comfortable in doing so. Nonetheless, he admitted the incident was an error in judgement.

Ms Clapperton was of the view that Mr Bosson (Avantage) did have an opportunity to ease his mount and by not doing so exacerbated the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr O’Malley admitted the breach, it was deemed to be proved.


sumissionsforpenalty:

Mr Goodwin presented Mr O’Malley’s positive riding record noting that during the current 2020/2021 season he has been engaged for 213 rides without any resulting careless riding charge.

Mr Goodwin described that in his view the breach amounted to careless riding mid-range. The Committee concur with this.

Mr O’Malley conveyed that he has no confirmed riding commitments within the next 7 days and asked that any penalty take effect immediately.


reasonsforpenalty:

NZTR revised Penalty Guidelines for careless riding (effective 9 December 2020) outline a 5-day suspension and $500 as a starting point for a mid-range careless riding breach.

In this particular case the status of the race (Group 1) is to be taken into consideration and the committee consider an up lift of 3 days is appropriate i.e. 8 riding days.

Conversely, mitigating factors requiring consideration were Mr O’Malley’s commendable riding record, his ready acceptance of fault and admission of the breach.

Consequently, we have reduced penalty by 2 days i.e.: 6 riding days.


penalty:

Therefore, Mr O’Malley’s licence is suspended for 6 riding days from close of racing Saturday 27th February 2021 up to and including Friday 12th March 2021.

In addition to the foregoing Mr O’Malley is fined a sum of $750.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr S O'Malley - Apprentice Jockey


Otherperson: Ms K Clapperton - Central Districts Apprentice Mentor - accompanying Mr O'Malley


PersonPresent:


Respondent:


StipendSteward:


raceid: a08675d5796a624f93c5e4d9fad4f513


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a77ea071d35330298a67ed06279a8bef


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/02/2021


meet_title: Otaki-Maori RC - 27 February 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otaki-maori-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: BMainwaring


meet_pm2: none


name: Otaki-Maori RC