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R Rotorua 16 April 2014 – R 1

ID: JCA13084

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr C Studd - Class D Licensed Rider

Other Person:
Mr M Williamson -Stipendiary Steward

Information Number:
A6568

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Rotorua - 16 April 2014

Meet Chair:
ADooley

Race Date:
2014/04/16

Race Number:
R1

Decision:

As Mr Studd admitted the breach the Committee finds the charge proved.

Penalty:

Accordingly, the Committee imposes a suspension on Mr Studd which will commence after racing on 17 April and conclude after racing on 1 May 2014 (2 days).

That period of suspension encompasses meetings at Te Aroha on April 23 and Riverton on May 1.

Facts:

Following the running of race 1, Lion Red 1950, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Oatham, alleged that near the 1600 metres Mr Studd permitted his mount SERENANOVA to shift in when not sufficiently clear, crowding APPLAUD (M Mitchell), HERCULES (A Kuru) and VETTEL (S Phelan) who was checked.

Mr Studd acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.

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

Mr Williamson identified on the video films that SERENANOVA was racing in a 5 wide position near the 1600 metres. He said Mr Studd permitted his mount to shift ground inwards when only half a length clear which resulted in crowding to APPLAUD (4 wide) and HERCULES (3 wide) with VETTEL (2 wide) being checked losing its rightful running line.

In response to a question from the Committee, Mr Williamson stated the interference caused VETTEL to lose several lengths. He confirmed that prior to the incident VETTEL was racing tractable.

Mr Studd told the Committee that his mount was “a bit keen” and he tried to correct SERENANOVA’S inward movement but conceded it wasn’t sufficient to avoid the interference. Mr Studd added no rider had called out to him and he believed the incident was exaggerated by the other horses.

Submissions for Penalty:

Mr Oatham produced Mr Studd’s record which showed no previous breach under this Rule in the last 12 months. He said Mr Studd had an excellent record and ought to be given credit for his prompt admission of the breach. He noted today was the first raceday this season for highweight riders and believed Mr Studd miscalculated the situation. Mr Oatham highlighted the highweight / jumping season is condensed and believed a 3 day suspension is an appropriate starting point for Class D jockeys. He submitted a penalty of no more than 2 days would be sufficient for this breach.

Mr Studd advised that he had upcoming commitments at Taranaki on April 17, and any proposed suspension could commence after that.

Mr Studd submitted that this was his first ride for the season and he tried to keep his mount clear of the other horses. Mr Studd confirmed that he rode at the Riverton Easter meeting last year.

Mr Studd did not wish to take a deferment to his proposed suspension.

Mr Oatham in conclusion added that the level of interference was too bad to justify a warning. He submitted a fine and suspension may be considered by the Committee because there is sometimes a shortage of jump riders at the Riverton meeting. However, Mr Oatham did not wish to set a precedent with this submission.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee had regard for the fact that jumping and highweight riders have limited riding opportunities available during the season. The mitigating factors are Mr Studd’s admission of the breach, his excellent record in relation to this Rule and the level of carelessness was low end. The aggravating fact was VETTEL lost several lengths as a result of the interference with two other horses being crowded. The films showed Mr Studd was only half a length clear when shifting in which is well outside the required standard. Mr Studd failed to exercise the degree of care and attention that a reasonable and prudent jockey would exercise in the circumstances.

The Committee considered a fine and suspension but did not accept the circumstances justified this as an appropriate penalty. The Committee accepts Mr Studd has ridden in the South Island.

Before imposing penalty the Committee referred to an appeal decision May 2013 RIU v Mr P.

After taking into account all the above factors the Committee considers 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: 3fb3aa9fd78466cc8117f2192049695a


informantnumber: A6568


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 07/04/2014


hearing_title: R Rotorua 16 April 2014 - R 1


charge:


facts:

Following the running of race 1, Lion Red 1950, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Oatham, alleged that near the 1600 metres Mr Studd permitted his mount SERENANOVA to shift in when not sufficiently clear, crowding APPLAUD (M Mitchell), HERCULES (A Kuru) and VETTEL (S Phelan) who was checked.

Mr Studd acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.

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

Mr Williamson identified on the video films that SERENANOVA was racing in a 5 wide position near the 1600 metres. He said Mr Studd permitted his mount to shift ground inwards when only half a length clear which resulted in crowding to APPLAUD (4 wide) and HERCULES (3 wide) with VETTEL (2 wide) being checked losing its rightful running line.

In response to a question from the Committee, Mr Williamson stated the interference caused VETTEL to lose several lengths. He confirmed that prior to the incident VETTEL was racing tractable.

Mr Studd told the Committee that his mount was “a bit keen” and he tried to correct SERENANOVA’S inward movement but conceded it wasn’t sufficient to avoid the interference. Mr Studd added no rider had called out to him and he believed the incident was exaggerated by the other horses.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Studd admitted the breach the Committee finds the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Studd’s record which showed no previous breach under this Rule in the last 12 months. He said Mr Studd had an excellent record and ought to be given credit for his prompt admission of the breach. He noted today was the first raceday this season for highweight riders and believed Mr Studd miscalculated the situation. Mr Oatham highlighted the highweight / jumping season is condensed and believed a 3 day suspension is an appropriate starting point for Class D jockeys. He submitted a penalty of no more than 2 days would be sufficient for this breach.

Mr Studd advised that he had upcoming commitments at Taranaki on April 17, and any proposed suspension could commence after that.

Mr Studd submitted that this was his first ride for the season and he tried to keep his mount clear of the other horses. Mr Studd confirmed that he rode at the Riverton Easter meeting last year.

Mr Studd did not wish to take a deferment to his proposed suspension.

Mr Oatham in conclusion added that the level of interference was too bad to justify a warning. He submitted a fine and suspension may be considered by the Committee because there is sometimes a shortage of jump riders at the Riverton meeting. However, Mr Oatham did not wish to set a precedent with this submission.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee had regard for the fact that jumping and highweight riders have limited riding opportunities available during the season. The mitigating factors are Mr Studd’s admission of the breach, his excellent record in relation to this Rule and the level of carelessness was low end. The aggravating fact was VETTEL lost several lengths as a result of the interference with two other horses being crowded. The films showed Mr Studd was only half a length clear when shifting in which is well outside the required standard. Mr Studd failed to exercise the degree of care and attention that a reasonable and prudent jockey would exercise in the circumstances.

The Committee considered a fine and suspension but did not accept the circumstances justified this as an appropriate penalty. The Committee accepts Mr Studd has ridden in the South Island.

Before imposing penalty the Committee referred to an appeal decision May 2013 RIU v Mr P.

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


penalty:

Accordingly, the Committee imposes a suspension on Mr Studd which will commence after racing on 17 April and conclude after racing on 1 May 2014 (2 days).

That period of suspension encompasses meetings at Te Aroha on April 23 and Riverton on May 1.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr C Studd - Class D Licensed Rider


Otherperson: Mr M Williamson -Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f69c9e703e1209060a4ec2a49a2860b6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 09849d0501aa52e11d43031e37dccbed


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/04/2014


meet_title: Racing Rotorua - 16 April 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-rotorua


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Racing Rotorua