Poverty Bay TC 4 November 2011 – R 5
ID: JCA14088
Code:
Thoroughbred
Meet Title:
Poverty Bay TC - 4 November 2011
Meet Chair:
TCastles
Meet Committee Member 1:
PWilliams
Race Date:
2011/11/04
Race Number:
R 5
Decision:
The charge was found proved.
Penalty:
Mrs Allpress is suspended for 4 riding days from the close of racing on Thursday 10 November 2011 to the close of racing on Thursday 17 November 2011 – the 4 days being Dargaville (11 November), Riccarton (12 November), Waipa (13 November) and Te Aroha (17 November).
Charge:
Careless riding.
Facts:
Following the running of race 5, information A3060 was filed by Stipendiary Steward Mr N Goodwin under rule 638(1)(d). The information stated that “L Allpress being the rider of “Magic Power” permitted her mount to shift inwards near the 1100 metres when not sufficiently clear of “Demophon” (M Cameron) which was checked”. Mrs Allpress signed the information that she did not admit the breach and at the beginning of the hearing confirmed that was correct and also that she understood the rule under which she was charged.
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.
Submissions for Decision:
Mr Oatham, using the using the head and side on films, indicated to the Committee the point near the 1100m mark that the alleged breach happened. He submitted that just after the start of the 1400m race Mrs Allpress riding “Magic Power” elected to move inwards and slot in behind the eventual winner of the race “Lemonade”. He said the inwards movement by Mrs Allpress caused tightening to “Demophon” (M Cameron) who had to take a severe hold and check off the heels of the runner down on his inside which was “Quinn Tait” whose rider Mr A Forbes was also momentarily placed in some difficulty. Mr Oatham stated that “Magic Power” was not sufficiently clear when crossing – he believed between 1 and 1.25 lengths at best – and certainly nowhere near the required distance of 2 lengths.
Mrs Allpress had no questions of Mr Oatham and his interpretation of the films.
Mr Goodwin called Licensed Jockey Mr M Cameron as a witness. To questions from Mr Goodwin, Mr Cameron stated he was racing okay for the first 150m but then received interference from the horse “Magic Power” when it came across which resulted him in having to take a hold of his mount “Demophon”. He said he was entitled to be where he was positioned in the race and even though his horse was racing a little greenly he had to restrain him off the heels of the horse down on his inside as a result of Mrs Allpress coming across him.
In answer to a question from Mrs Allpress, Mr Cameron reiterated he did receive a check and was put in an awkward place. He also confirmed no calling took place.
Licensed Jockey Mr D Bradley was called as a witness by Mrs Allpress. He stated he did not see Miss Vance on “Lemonade” coming across to take the lead. He said he did see Mr Cameron racing one-off the fence and thought it was Mr Cameron’s intentions to “come across” but as Mr Cameron’s was horse was pulling he (Mr Cameron) chose not to move to the rail. He was a little unsure where the interference came from but said Mr Cameron’s mount was racing with its head up and, he thought, travelling a little greenly. Mr Goodwin stated that he found it difficult to understand how Mr Bradley knew all this to which Mr Bradley replied that he was racing 3 out and saw it all.
Mrs Allpress submitted her movement across was to get a good sit in the race and believed Mr Cameron’s mount was overracing and overreacted when she came across. She said Mr Cameron’s mount was racing greenly despite it having blinkers, a nose band and tongue tie on and if it had been settled she would have been the required distance clear when she came across. Mrs Allpress under questioning from the Committee admitted she was only about 1 length clear and said she was well aware of the requirement to be 2 lengths clear at all times. She also stated no rider called and if Mr Cameron had called out she would have eased off.
Mr Goodwin in summing up stated that Mr Cameron’s evidence was clear in that he said he did suffer interference from Mrs Allpress’ actions. He said there is no obligation on a rider to call out and the available films clearly showed that Mr Cameron’s mount was checked and had to be restrained off heels when Mrs Allpress came across. He said that after the incident had occurred Mrs Allpress was directly in front of Mr Cameron which is why he was forced to restrain his mount.
Mrs Allpress in conclusion believed the incident could have been avoided had Mr Cameron called out and his mount had been racing in a more settled way.
Reasons for Decision:
The available films clearly show that “Magic Power” moved across after the start to get a good sit behind the pacemaker and eventual winner “Lemonade”. That movement, although gradual, did cause pressure down on the inside. Mr Cameron was entitled to be where he was and following the movement across by Mrs Allpress he had to take a hold of his mount and then pull off the heels of the horse racing on his inside. Further, Mrs Allpress admitted she was not the required distance clear when moving across in front of Mr Cameron.
Submissions for Penalty:
Mr Goodwin said Mrs Allpress was a hard working professional who rode throughout the country and was regularly sought after by a large number of trainers to ride their horses. She had received 3 suspensions for careless riding in the previous 12 months (3 days in December 2011, 4 days in July 2011 and 4 days in August 2011) but he considered this an exceptional record for one of the busiest riders in the country. He said the stewards viewed the incident as being at the lower end of the scale range and submitted a suspension was an appropriate penalty.
Mrs Allpress said she was a busy rider with some important race rides coming up. She confirmed under questioning from the Committee that she confirmed rides at Awapuni on 8 November, Riccarton on 9 November (including a ride in a Group 1 race) and Otaki on 10 November. She also said she wished to ride in the NZ Cup at Riccarton on Saturday 12 November.
Mrs Allpress was unsure about the impact of seeking a deferment of any suspension. She was advised by the Committee that even if she was given a 7 day deferment from the close of racing today (Friday 4 November) she would still not be able to ride on Saturday 12 November at Riccarton as that day was outside the 7 day period – an unavoidable implication when racing is held on a Friday. She was also advised that as she had told the Committee she had confirmed engagements up to Thursday 10 November any period of suspension, if given, could not start until the close of racing on 10 November. Mrs Allpress also asked if, as an alternative penalty, she could be given a small period of suspension and a large fine to enable her to ride on Saturday 12 November. It was explained this was not possible. She was told the starting point for any period of suspension was 5 days and in the interests of consistency with previous penalties for careless riding the Committee would not agree to her request.
Mrs Allpress asked for an adjournment to consider her options and on returning asked that, if a suspension were to be imposed, it commence at the close of racing on Thursday 10 November.
Reasons for Penalty:
The Committee has taken into account the submissions of both parties. We acknowledge Mrs Allpress is one of our leading riders who rides throughout the country on a regular basis and that her riding record in relation to this Rule is very good. However, on this occasion we believe the actions of Mrs Allpress did cause interference to Mr Cameron’s mount and another on his inside when she moved across and this must be reflected in an appropriate penalty which we have decided is a period of suspension.
From a starting point of 5 days we have taken into account her very good riding record and that the breach was at the low end of the scale and for those reasons are prepared to reduce the suspension from 5 days to 4.
We also have noted that Mrs Allpress, having had explained to her the applicability of the 7 day deferment rule, has sought a deferment of the commencement of any suspension until after the close of racing on Thursday 10 November.
JCA Decision Fields (raw)
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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: 96eab7fb2f2654727a0bc6fef4a07f67
informantnumber: A3060
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 04/11/2011
hearing_title: Poverty Bay TC 4 November 2011 - R 5
charge:
Careless riding.
facts:
Following the running of race 5, information A3060 was filed by Stipendiary Steward Mr N Goodwin under rule 638(1)(d). The information stated that “L Allpress being the rider of “Magic Power” permitted her mount to shift inwards near the 1100 metres when not sufficiently clear of “Demophon” (M Cameron) which was checked”. Mrs Allpress signed the information that she did not admit the breach and at the beginning of the hearing confirmed that was correct and also that she understood the rule under which she was charged.
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham, using the using the head and side on films, indicated to the Committee the point near the 1100m mark that the alleged breach happened. He submitted that just after the start of the 1400m race Mrs Allpress riding “Magic Power” elected to move inwards and slot in behind the eventual winner of the race “Lemonade”. He said the inwards movement by Mrs Allpress caused tightening to “Demophon” (M Cameron) who had to take a severe hold and check off the heels of the runner down on his inside which was “Quinn Tait” whose rider Mr A Forbes was also momentarily placed in some difficulty. Mr Oatham stated that “Magic Power” was not sufficiently clear when crossing – he believed between 1 and 1.25 lengths at best – and certainly nowhere near the required distance of 2 lengths.
Mrs Allpress had no questions of Mr Oatham and his interpretation of the films.
Mr Goodwin called Licensed Jockey Mr M Cameron as a witness. To questions from Mr Goodwin, Mr Cameron stated he was racing okay for the first 150m but then received interference from the horse “Magic Power” when it came across which resulted him in having to take a hold of his mount “Demophon”. He said he was entitled to be where he was positioned in the race and even though his horse was racing a little greenly he had to restrain him off the heels of the horse down on his inside as a result of Mrs Allpress coming across him.
In answer to a question from Mrs Allpress, Mr Cameron reiterated he did receive a check and was put in an awkward place. He also confirmed no calling took place.
Licensed Jockey Mr D Bradley was called as a witness by Mrs Allpress. He stated he did not see Miss Vance on “Lemonade” coming across to take the lead. He said he did see Mr Cameron racing one-off the fence and thought it was Mr Cameron’s intentions to “come across” but as Mr Cameron’s was horse was pulling he (Mr Cameron) chose not to move to the rail. He was a little unsure where the interference came from but said Mr Cameron’s mount was racing with its head up and, he thought, travelling a little greenly. Mr Goodwin stated that he found it difficult to understand how Mr Bradley knew all this to which Mr Bradley replied that he was racing 3 out and saw it all.
Mrs Allpress submitted her movement across was to get a good sit in the race and believed Mr Cameron’s mount was overracing and overreacted when she came across. She said Mr Cameron’s mount was racing greenly despite it having blinkers, a nose band and tongue tie on and if it had been settled she would have been the required distance clear when she came across. Mrs Allpress under questioning from the Committee admitted she was only about 1 length clear and said she was well aware of the requirement to be 2 lengths clear at all times. She also stated no rider called and if Mr Cameron had called out she would have eased off.
Mr Goodwin in summing up stated that Mr Cameron’s evidence was clear in that he said he did suffer interference from Mrs Allpress’ actions. He said there is no obligation on a rider to call out and the available films clearly showed that Mr Cameron’s mount was checked and had to be restrained off heels when Mrs Allpress came across. He said that after the incident had occurred Mrs Allpress was directly in front of Mr Cameron which is why he was forced to restrain his mount.
Mrs Allpress in conclusion believed the incident could have been avoided had Mr Cameron called out and his mount had been racing in a more settled way.
reasonsfordecision:
The available films clearly show that “Magic Power” moved across after the start to get a good sit behind the pacemaker and eventual winner “Lemonade”. That movement, although gradual, did cause pressure down on the inside. Mr Cameron was entitled to be where he was and following the movement across by Mrs Allpress he had to take a hold of his mount and then pull off the heels of the horse racing on his inside. Further, Mrs Allpress admitted she was not the required distance clear when moving across in front of Mr Cameron.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Goodwin said Mrs Allpress was a hard working professional who rode throughout the country and was regularly sought after by a large number of trainers to ride their horses. She had received 3 suspensions for careless riding in the previous 12 months (3 days in December 2011, 4 days in July 2011 and 4 days in August 2011) but he considered this an exceptional record for one of the busiest riders in the country. He said the stewards viewed the incident as being at the lower end of the scale range and submitted a suspension was an appropriate penalty.
Mrs Allpress said she was a busy rider with some important race rides coming up. She confirmed under questioning from the Committee that she confirmed rides at Awapuni on 8 November, Riccarton on 9 November (including a ride in a Group 1 race) and Otaki on 10 November. She also said she wished to ride in the NZ Cup at Riccarton on Saturday 12 November.
Mrs Allpress was unsure about the impact of seeking a deferment of any suspension. She was advised by the Committee that even if she was given a 7 day deferment from the close of racing today (Friday 4 November) she would still not be able to ride on Saturday 12 November at Riccarton as that day was outside the 7 day period – an unavoidable implication when racing is held on a Friday. She was also advised that as she had told the Committee she had confirmed engagements up to Thursday 10 November any period of suspension, if given, could not start until the close of racing on 10 November. Mrs Allpress also asked if, as an alternative penalty, she could be given a small period of suspension and a large fine to enable her to ride on Saturday 12 November. It was explained this was not possible. She was told the starting point for any period of suspension was 5 days and in the interests of consistency with previous penalties for careless riding the Committee would not agree to her request.
Mrs Allpress asked for an adjournment to consider her options and on returning asked that, if a suspension were to be imposed, it commence at the close of racing on Thursday 10 November.
reasonsforpenalty:
The Committee has taken into account the submissions of both parties. We acknowledge Mrs Allpress is one of our leading riders who rides throughout the country on a regular basis and that her riding record in relation to this Rule is very good. However, on this occasion we believe the actions of Mrs Allpress did cause interference to Mr Cameron’s mount and another on his inside when she moved across and this must be reflected in an appropriate penalty which we have decided is a period of suspension.
From a starting point of 5 days we have taken into account her very good riding record and that the breach was at the low end of the scale and for those reasons are prepared to reduce the suspension from 5 days to 4.
We also have noted that Mrs Allpress, having had explained to her the applicability of the 7 day deferment rule, has sought a deferment of the commencement of any suspension until after the close of racing on Thursday 10 November.
penalty:
Mrs Allpress is suspended for 4 riding days from the close of racing on Thursday 10 November 2011 to the close of racing on Thursday 17 November 2011 – the 4 days being Dargaville (11 November), Riccarton (12 November), Waipa (13 November) and Te Aroha (17 November).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mrs L Allpress - Licensed Jockey
Otherperson: Mr J Oatham - Stipendiary Steward, Mr M Cameron - Licensed Jockey, Mr D Bradley - Licensed Jockey
PersonPresent:
Respondent:
StipendSteward:
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race_title: R 5
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meetdate: 04/11/2011
meet_title: Poverty Bay TC - 4 November 2011
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