Archive Decision

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Pakuranga HC 24 August 2013 – R 2

ID: JCA11716

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Ms H Voss - Amateur Rider

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A4289

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Pakuranga HC - 24 August 2013

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2013/08/24

Race Number:
R2

Decision:

As Ms Voss admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a suspension on Ms Voss which will commence after racing on 24 August and conclude after racing on 29 September 2013, this represents all the remaining races available for Amateur Riders this season (2 days).

Charge:

Following race 2, IUHH DUKE OF GLOUSTER CUP, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Ms Voss permitted her mount RAP N TAP to shift inwards when not sufficiently clear of SOLYN which was checked near the 1700 metres.

Ms Voss acknowledged that she understood the nature of the charge and the Rule.

Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Facts:

Mr Coles identified RAP N TAP racing 1 off the rails passing the winning post on the first occasion. Shortly after this point RAP N TAP shifted inwards when less than a length clear of SOLYN which was racing adjacent to the rail. This resulted in SOLYN receiving a severe check causing that horse to contact the running rail.

Ms Voss told the Committee that she thought she was clear and prior to shifting in she looked across and conceded that she misjudged the distance between her mount and SOLYN.

Submissions for Penalty:

Mr Oatham produced Ms Voss' record which showed no previous breaches under this Rule in the last 12 months. He said this was Ms Voss third raceday ride and submitted the Committee should take into account her admission of the breach and the fact that there was no malice involved in the manoeuvre however SOLYN did receive a severe check.

Ms Voss submitted that she was inexperienced having had only 2 previous raceday rides and that she was extremely sorry that she had caused interference to Mr Wenn's mount SOLYN.

Mr Oatham told the Committee that the Stewards have assessed the carelessness as mid range. He further submitted that a recent Amateur Riders race attracted a 2 day suspension for a similar breach and believed that this breach could be a 1 or 2 day suspension.

Mr Oatham advised us that there are only 2 more Amateur races programmed for the remainder of this season.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Voss' admission of the breach and her clear record in relation to this Rule. The aggravating fact was the severity of the check which we assessed as being at least mid range.

The Committee has also taken cognisance of the fact that Ms Voss is an inexperienced Amateur Rider who has limited opportunities for the remainder of this season. We note that a similar breach in a recent Amateur Riders race attracted a penalty of 2 days.

After taking into account all the above factors we consider an appropriate penalty is a 2 day suspension.

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: 2489b244fde89f6dcc98e7155e97a0ef


informantnumber: A4289


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 19/08/2013


hearing_title: Pakuranga HC 24 August 2013 - R 2


charge:

Following race 2, IUHH DUKE OF GLOUSTER CUP, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Ms Voss permitted her mount RAP N TAP to shift inwards when not sufficiently clear of SOLYN which was checked near the 1700 metres.

Ms Voss acknowledged that she understood the nature of the charge and the Rule.

Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.


facts:

Mr Coles identified RAP N TAP racing 1 off the rails passing the winning post on the first occasion. Shortly after this point RAP N TAP shifted inwards when less than a length clear of SOLYN which was racing adjacent to the rail. This resulted in SOLYN receiving a severe check causing that horse to contact the running rail.

Ms Voss told the Committee that she thought she was clear and prior to shifting in she looked across and conceded that she misjudged the distance between her mount and SOLYN.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Voss admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Ms Voss' record which showed no previous breaches under this Rule in the last 12 months. He said this was Ms Voss third raceday ride and submitted the Committee should take into account her admission of the breach and the fact that there was no malice involved in the manoeuvre however SOLYN did receive a severe check.

Ms Voss submitted that she was inexperienced having had only 2 previous raceday rides and that she was extremely sorry that she had caused interference to Mr Wenn's mount SOLYN.

Mr Oatham told the Committee that the Stewards have assessed the carelessness as mid range. He further submitted that a recent Amateur Riders race attracted a 2 day suspension for a similar breach and believed that this breach could be a 1 or 2 day suspension.

Mr Oatham advised us that there are only 2 more Amateur races programmed for the remainder of this season.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Ms Voss' admission of the breach and her clear record in relation to this Rule. The aggravating fact was the severity of the check which we assessed as being at least mid range.

The Committee has also taken cognisance of the fact that Ms Voss is an inexperienced Amateur Rider who has limited opportunities for the remainder of this season. We note that a similar breach in a recent Amateur Riders race attracted a penalty of 2 days.

After taking into account all the above factors we consider an appropriate penalty is a 2 day suspension.


penalty:

Accordingly, we impose a suspension on Ms Voss which will commence after racing on 24 August and conclude after racing on 29 September 2013, this represents all the remaining races available for Amateur Riders this season (2 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Ms H Voss - Amateur Rider


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 03f07d9e210007510e19574ef8c59a25


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


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meetid: 4277ab67905c0a9f4d7e4c36422971e9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/08/2013


meet_title: Pakuranga HC - 24 August 2013


meet_expappcomment:


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tracklocation: pakuranga-hc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Pakuranga HC