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Otaki-Maori RC 8 March 2013 – R 7

ID: JCA17942

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr DM Dee - Apprentice Rider

Other Person:
Mr A Meadows - Licensed Trainer assisting Mr Dee, Mr M Tanaka - Licensed Rider, Ms S Collett - Licensed Rider, Mr G Whiterod - Stipendiary Steward

Information Number:
A3130

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Otaki-Maori RC - 8 March 2013

Meet Chair:
NMoffatt

Meet Committee Member 1:
TUtikere

Race Date:
2013/03/08

Race Number:
R 7

Decision:

The committee accordingly found the charge of careless riding proved.

Penalty:

Taking in to account all of these factors, and the fact that Mr Dee is considered to ride only in the North Island at this stage of his career, he is suspended from the close of racing on Monday March 11th up to and including racing on Friday March 22nd - in effect 5 North Island riding days.

Charge:

Careless riding.

Facts:

Following the running of Race 7, an information was lodged by Mr N Goodwin alleging a breach of Rule 638(1) (d). The information alleged that Michael Dee (ROSSENDALE ROAD) allowed his mount to shift outward near the 200m when not clear of MASTERSTROKE (M Tanaka) which was checked.

Mr Goodwin read out the careless riding rule and Mr Dee acknowledged he understood the nature of the charge. He also confirmed to the committee he did not admit the breach. Mr Meadows advised that he had been asked, via telephone, by Mr Kevin Myers to assist Mr Dee at this hearing. Mr Meadows trained the horse that Mr Dee had ridden in the race.

Submissions for Decision:

Mr Goodwin called Mr Tanaka as a witness.

Mr Tanaka told the hearing that at about the 200m Mr Dee moved outwards onto his horse. He said Mr Dee kept coming out and coming out. Mr Tanaka had Mr Parkes on his outside but he did not think there was any movement inwards from him. He said his horse had been plugging away and was not going well enough to go through a gap between Mr Dee and Mr Parkes but he was still entitled to be where he was. After Mr Dee moved out onto him Mr Tanaka was forced to stand up, stop riding and eventually he clipped the heels of Mr Dee’s horse.

Mr Dee asked Mr Tanaka if Mr Parkes’ horse had touched him. Mr Tanaka said he might have touched but it was due to him being dictated outwards by Mr Dee.

Mr Whiterod demonstrated the incident using all available films. He identified the three horses involved as they entered the home straight with Mr Dee closest to the rail, Mr Tanaka to his outside and Mr Parkes outside of Mr Tanaka. Mr Dee, using the stick, started to move out and continued to do so dictating the line of Mr Tanaka’s mount until he was eventually checked. Mr Dee was initially riding with the stick and then hands and heels but at no stage did he stop riding his horse out. Mr Parkes horse was running straight and only moved in very slightly towards the end of the incident. Mr Whiterod estimated that Mr Dee moved out a total of two horse widths.
Mr Dee asked for the rear view film to be played and he demonstrated where he believed he was trying to pull his horse off and away from Mr Tanaka. He said you could see his left elbow pulling the horse away. He also added that had Mr Parkes not moved inwards the gap would still have been there and Mr Tanaka would have had room to get through. Mr Dee said his horse had drifted out more than he realised and quicker than he thought. He added that Mr Parkes had pushed Mr Tanaka back and onto the heels of his horse. Mr Meadows agreed that Mr Dee was trying to straighten his mount.

Mr Goodwin summed up by saying that the evidence from Mr Tanaka was compelling. He said the movement from Mr Parkes’ mount was negligible and most of the check came from the outward movement of Mr Dee. The Stewards acknowledged that Mr Dee did eventually try to straighten his mount but the damage had already been done.

Reasons for Decision:

The committee had careful regard to all of the submissions and in our view, having considered the films at length; the charge of careless riding was proved. Mr Dee clearly moved outwards a significant distance onto Mr Tanaka and caused that horse to be checked. Mr Parkes was mentioned as having contributed to the incident however his horse moved inwards only after Mr Dee had come across and then only slightly. If Mr Dee had kept on a straight line of running there would have been no interference. We accept Mr Dee did make an attempt to straighten his horse but this action was ineffective and too late.

Submissions for Penalty:

Mr Goodwin and Mr Dee were invited to make submissions on penalty. As Mr Meadows had to go and attend to his horse the films were replayed so Ms S Collett, who was assisting Mr Dee with the penalty hearing, could view the incident.
Mr Goodwin said Mr Dee was an up and coming apprentice who has had approximately 70 rides. His only suspension for careless riding came at Wairoa on the 14th February this year where he was suspended for 3 days. The Stewards placed the degree of carelessness at over midrange as Mr Tanaka was still competitive in the race prior to the incident but then dropped away. They submitted that a term of suspension be imposed.
In response Mr Dee conferred with Ms Collett and then advised that he would prefer any suspension to begin after racing at Hawera on Monday March 11th.

Reasons for Penalty:

In coming to a decision on penalty the committee considered all of the submissions and believed a period of suspension to be an appropriate penalty adopting a starting point of 5 days. It was our opinion that the degree of carelessness lay above midrange and we based this on the fact that Mr Dee moved outwards a significant distance before taking any corrective action and Mr Tanaka was squeezed out of a gap and clipped heels as a result. We acknowledge Mr Dee did try to straighten his mount but he should have done so as soon as his horse started to drift out. We have also taken into account Mr Dee’s relative inexperience and his good record.

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: db401323247f77931f5a7235be01955a


informantnumber: A3130


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 10/03/2013


hearing_title: Otaki-Maori RC 8 March 2013 - R 7


charge:

Careless riding.


facts:

Following the running of Race 7, an information was lodged by Mr N Goodwin alleging a breach of Rule 638(1) (d). The information alleged that Michael Dee (ROSSENDALE ROAD) allowed his mount to shift outward near the 200m when not clear of MASTERSTROKE (M Tanaka) which was checked.

Mr Goodwin read out the careless riding rule and Mr Dee acknowledged he understood the nature of the charge. He also confirmed to the committee he did not admit the breach. Mr Meadows advised that he had been asked, via telephone, by Mr Kevin Myers to assist Mr Dee at this hearing. Mr Meadows trained the horse that Mr Dee had ridden in the race.


appealdecision:


isappeal:


submissionsfordecision:

Mr Goodwin called Mr Tanaka as a witness.

Mr Tanaka told the hearing that at about the 200m Mr Dee moved outwards onto his horse. He said Mr Dee kept coming out and coming out. Mr Tanaka had Mr Parkes on his outside but he did not think there was any movement inwards from him. He said his horse had been plugging away and was not going well enough to go through a gap between Mr Dee and Mr Parkes but he was still entitled to be where he was. After Mr Dee moved out onto him Mr Tanaka was forced to stand up, stop riding and eventually he clipped the heels of Mr Dee’s horse.

Mr Dee asked Mr Tanaka if Mr Parkes’ horse had touched him. Mr Tanaka said he might have touched but it was due to him being dictated outwards by Mr Dee.

Mr Whiterod demonstrated the incident using all available films. He identified the three horses involved as they entered the home straight with Mr Dee closest to the rail, Mr Tanaka to his outside and Mr Parkes outside of Mr Tanaka. Mr Dee, using the stick, started to move out and continued to do so dictating the line of Mr Tanaka’s mount until he was eventually checked. Mr Dee was initially riding with the stick and then hands and heels but at no stage did he stop riding his horse out. Mr Parkes horse was running straight and only moved in very slightly towards the end of the incident. Mr Whiterod estimated that Mr Dee moved out a total of two horse widths.
Mr Dee asked for the rear view film to be played and he demonstrated where he believed he was trying to pull his horse off and away from Mr Tanaka. He said you could see his left elbow pulling the horse away. He also added that had Mr Parkes not moved inwards the gap would still have been there and Mr Tanaka would have had room to get through. Mr Dee said his horse had drifted out more than he realised and quicker than he thought. He added that Mr Parkes had pushed Mr Tanaka back and onto the heels of his horse. Mr Meadows agreed that Mr Dee was trying to straighten his mount.

Mr Goodwin summed up by saying that the evidence from Mr Tanaka was compelling. He said the movement from Mr Parkes’ mount was negligible and most of the check came from the outward movement of Mr Dee. The Stewards acknowledged that Mr Dee did eventually try to straighten his mount but the damage had already been done.


reasonsfordecision:

The committee had careful regard to all of the submissions and in our view, having considered the films at length; the charge of careless riding was proved. Mr Dee clearly moved outwards a significant distance onto Mr Tanaka and caused that horse to be checked. Mr Parkes was mentioned as having contributed to the incident however his horse moved inwards only after Mr Dee had come across and then only slightly. If Mr Dee had kept on a straight line of running there would have been no interference. We accept Mr Dee did make an attempt to straighten his horse but this action was ineffective and too late.


Decision:

The committee accordingly found the charge of careless riding proved.


sumissionsforpenalty:

Mr Goodwin and Mr Dee were invited to make submissions on penalty. As Mr Meadows had to go and attend to his horse the films were replayed so Ms S Collett, who was assisting Mr Dee with the penalty hearing, could view the incident.
Mr Goodwin said Mr Dee was an up and coming apprentice who has had approximately 70 rides. His only suspension for careless riding came at Wairoa on the 14th February this year where he was suspended for 3 days. The Stewards placed the degree of carelessness at over midrange as Mr Tanaka was still competitive in the race prior to the incident but then dropped away. They submitted that a term of suspension be imposed.
In response Mr Dee conferred with Ms Collett and then advised that he would prefer any suspension to begin after racing at Hawera on Monday March 11th.


reasonsforpenalty:

In coming to a decision on penalty the committee considered all of the submissions and believed a period of suspension to be an appropriate penalty adopting a starting point of 5 days. It was our opinion that the degree of carelessness lay above midrange and we based this on the fact that Mr Dee moved outwards a significant distance before taking any corrective action and Mr Tanaka was squeezed out of a gap and clipped heels as a result. We acknowledge Mr Dee did try to straighten his mount but he should have done so as soon as his horse started to drift out. We have also taken into account Mr Dee’s relative inexperience and his good record.


penalty:

Taking in to account all of these factors, and the fact that Mr Dee is considered to ride only in the North Island at this stage of his career, he is suspended from the close of racing on Monday March 11th up to and including racing on Friday March 22nd - in effect 5 North Island riding days.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr DM Dee - Apprentice Rider


Otherperson: Mr A Meadows - Licensed Trainer assisting Mr Dee, Mr M Tanaka - Licensed Rider, Ms S Collett - Licensed Rider, Mr G Whiterod - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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race_emailed2: 0


race_title: R 7


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meetdate: 08/03/2013


meet_title: Otaki-Maori RC - 8 March 2013


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name: Otaki-Maori RC