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Poverty Bay TC 19 September 2013 – R 4
ID: JCA16326
Code:
Thoroughbred
Meet Title:
Poverty Bay TC - 19 September 2013
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2013/09/19
Race Number:
Race 4
Decision:
The committee found the charge proved.
Penalty:
Mr Oliver's licence to ride is suspended from the close of racing on Sunday 22 September, until the close of racing on Saturday 28 September 2013. This incorporates the Matamata (25th), Levin (26th), Te Aroha (27th) and Auckland/Taranaki (28th) meetings.
Charge:
Following the running of Race 4 (Craigs Investment Partners Stayers Maiden 2000m), Information A4082 was filed with the judicial committee. It alleged that Mr Oliver had: "Permitted his mount LADY LINDAUER to shift outwards passing the 400 metres when not sufficiently clear of NO COMMISSION which was checked and forced outwards onto SOULMATE".
Mr Goodwin read the rule and Mr Oliver confirmed he understood the rule and that he admitted the breach.
Facts:
Using the available films Mr Oatham identified Mr Oliver in the trail racing adjacent to the running rail in behind the leader. Racing to the outside of Mr Oliver was Mr Dee's mount (NO COMMISSION). Mr Oliver, looking for a run, started to come to the outside of the horse in front of him, but in doing so was not sufficiently clear of Mr Dee's mount which received a check. Mr Oliver's movement also forced Mr Dee onto Mr Bradley's mount (SOULMATE). This incident took place as the field was passing the 400m mark and meant that Mr Dee received some buffeting and lost some ground and momentum, having to take a hold of his mount. The head-on view showed Mr Oliver riding forward and riding out and identified the extent of the interference suffered by Mr Dee. Mr Oatham identified that Mr Oliver was approximately a neck to half a length clear of Mr Dee.
Mr Oliver had no comment on the incident. In assisting Mr Oliver, Mr Tyler stated that he was the trainer and owner of LADY LINDAUER and had issued Mr Oliver with instructions, but it was unfortunate that he was not clear when attempting to improve forward.
Submissions for Decision:
Submissions for Penalty:
Mr Goodwin presented Mr Oliver's record, indicating a previous suspension under this rule for three days at Taranaki in December 2012. It was submitted that Mr Oliver had shown a lack of patience on this occasion and the stewards placed the level of carelessness at below the mid-range. Mr Goodwin acknowledged Mr Oliver's good riding record and submitted a four day period of suspension as appropriate.
When invited to make submissions on penalty, Mr Oliver stated that he had been riding for just over a year and submitted a four day period of suspension was appropriate. Mr Tyler supported this and sought a deferral of any suspension to allow Mr Oliver to fulfil obligations for the second day of the Poverty Bay Meeting.
Reasons for Penalty:
The Judicial Committee considered all of the submissions placed before it and believed that a period of suspension was appropriate and adopted a starting point of five days. While Mr Oliver had specific instructions with regard to his mount, he had a duty of care to ensure that he was the required distance clear before attempting to progress forward to the outside of the horse in front of him near the 400m. It was clear that Mr Oliver made a lapse of judgment and the committee placed the level of carelessness between the low to mid-range. In mitigation the committee considered Mr Oliver's admission of the breach and his good riding record, having had no breaches of this rule in more than nine months. It was considered that a four day period of suspension was appropriate.
JCA Decision Fields (raw)
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hearingid: dacc82fd67cce3de729a2047d77a58d7
startdate: no date provided
hearing_title: Poverty Bay TC 19 September 2013 - R 4
charge:
Following the running of Race 4 (Craigs Investment Partners Stayers Maiden 2000m), Information A4082 was filed with the judicial committee. It alleged that Mr Oliver had: "Permitted his mount LADY LINDAUER to shift outwards passing the 400 metres when not sufficiently clear of NO COMMISSION which was checked and forced outwards onto SOULMATE".
Mr Goodwin read the rule and Mr Oliver confirmed he understood the rule and that he admitted the breach.
facts:
Using the available films Mr Oatham identified Mr Oliver in the trail racing adjacent to the running rail in behind the leader. Racing to the outside of Mr Oliver was Mr Dee's mount (NO COMMISSION). Mr Oliver, looking for a run, started to come to the outside of the horse in front of him, but in doing so was not sufficiently clear of Mr Dee's mount which received a check. Mr Oliver's movement also forced Mr Dee onto Mr Bradley's mount (SOULMATE). This incident took place as the field was passing the 400m mark and meant that Mr Dee received some buffeting and lost some ground and momentum, having to take a hold of his mount. The head-on view showed Mr Oliver riding forward and riding out and identified the extent of the interference suffered by Mr Dee. Mr Oatham identified that Mr Oliver was approximately a neck to half a length clear of Mr Dee.
Mr Oliver had no comment on the incident. In assisting Mr Oliver, Mr Tyler stated that he was the trainer and owner of LADY LINDAUER and had issued Mr Oliver with instructions, but it was unfortunate that he was not clear when attempting to improve forward.
Decision:
The committee found the charge proved.
sumissionsforpenalty:
Mr Goodwin presented Mr Oliver's record, indicating a previous suspension under this rule for three days at Taranaki in December 2012. It was submitted that Mr Oliver had shown a lack of patience on this occasion and the stewards placed the level of carelessness at below the mid-range. Mr Goodwin acknowledged Mr Oliver's good riding record and submitted a four day period of suspension as appropriate.
When invited to make submissions on penalty, Mr Oliver stated that he had been riding for just over a year and submitted a four day period of suspension was appropriate. Mr Tyler supported this and sought a deferral of any suspension to allow Mr Oliver to fulfil obligations for the second day of the Poverty Bay Meeting.
reasonsforpenalty:
The Judicial Committee considered all of the submissions placed before it and believed that a period of suspension was appropriate and adopted a starting point of five days. While Mr Oliver had specific instructions with regard to his mount, he had a duty of care to ensure that he was the required distance clear before attempting to progress forward to the outside of the horse in front of him near the 400m. It was clear that Mr Oliver made a lapse of judgment and the committee placed the level of carelessness between the low to mid-range. In mitigation the committee considered Mr Oliver's admission of the breach and his good riding record, having had no breaches of this rule in more than nine months. It was considered that a four day period of suspension was appropriate.
penalty:
Mr Oliver's licence to ride is suspended from the close of racing on Sunday 22 September, until the close of racing on Saturday 28 September 2013. This incorporates the Matamata (25th), Levin (26th), Te Aroha (27th) and Auckland/Taranaki (28th) meetings.
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr J Oliver - Licensed Apprentice Jockey
Otherperson: Mr S Tyler - Licensed Trainer assisting Mr Oliver, Mr J Oatham - Stipendiary Steward
raceid: bbd24878701e53a561a6a4798e49e060
meetid: 47fb231eb01213a0d960e707a9c5c801
meet_expapproval: approved
meet_title: Poverty Bay TC - 19 September 2013
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "PWilliams", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]
tracklocation: poverty-bay-tc
meet_racingtype: thoroughbred-racing
