R Rotorua 16 October 2010 – R 3
ID: JCA20059
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Rotorua RC - 16 October 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/10/16
Race Number:
R 3
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr Williamson
--Defendant: Mr J McDonald
--Information No: 7674
--Meeting: Arawa Park
--Date: 16 October 2010
--Venue: Rotorua
--Race: 3
--Rule No: 638 (1) (d)
--Judicial Committee: R Seabrook, Chairman – A Dooley, Committee Member
--Plea: Not Admitted
--Also Present: Mr G Rogerson representing Mr J McDonald
----
CHARGES:
--Following race 3 an information was filed pursuant to rule 638 (1) (d). The informant Mr Williamson alleged that near the 200 metres Mr McDonald permitted his mount SEA FLYTE to shift out and hamper CARATACUS (O Bosson).
----
FACTS:
--Mr Williamson asked all present at the enquiry if they wished to review the video films of the race in question. These were viewed several times by all present at the protest which resulted in this charge. There was no request to review the video films.
----
SUBMISSION(s):
--Mr Williamson said there was no run on the outside of ARGON for Mr McDonald to take. He said Mr McDonald commenced to shift ground outwards forcing a run on the outside of ARGON. As a result CARATCUS lost its rightful line of running. He reiterated Mr McDonald was never the required distance clear of CARATACUS and reminded the committee a change of placings had resulted.
----
Mr McDonald did not wish to say anything.
----
Mr Rogerson said Mr McDonald was trying to win the race and in his opinion the shifty ground was the reason he came out as he did. He said SEA FLYTE went from underneath Mr McDonald in one stride. Mr Rogerson stated that Mr McDonald should be given the benefit of the doubt in this charge.
----
Mr Williamson in summing up said Mr McDonald allowed his mount to shift out taking the rightful position of CARATACUS.
----
REASON(s):
--The committee carefully considered all evidence before imposing an appropriate penalty. In particular the committee considered Mr Rogerson’s submission of the shifty ground being the cause of the interference. However the committee is in no doubt that the true cause of the interference was through Mr McDonald angling his mount out into the line of CARATACUS without being the required distance clear. Mr McDonald should have restrained his mount behind ARGON and waited for a run to present itself.
----
Accordingly we find the charge proven.
----
SUBMISSION(s) ON PENALTY:
--Mr Williamson told the committee this was Mr McDonald’s third charge in the last 12 months which was a very good record. He submitted this breach today was at the lower end of carelessness.
----
Mr McDonald said he had committed rides until 23 October 2010.
----
Mr Rogerson said the interference was at the very low end and submitted a fine should be imposed as Mr McDonald had already suffered through the relegation.
----
REASON(s):
--The committee considered the submissions as presented. Mitigating factors are Mr McDonald’s excellent riding record and his low level of carelessness. Although a relegation resulted the outward movement of Mr McDonald was sudden and not of great magnitude.
----
PENALTY:
--Accordingly after considering all the above facts we impose a suspension on Mr McDonald from riding in races which starts after racing on 23 October and concludes after racing on 28th October 2010 (4 riding days).
----
--
--
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: 6a39a5653fb6e46f8da712cd535f5dfd
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 16/10/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: R Rotorua 16 October 2010 - R 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mr Williamson
--Defendant: Mr J McDonald
--Information No: 7674
--Meeting: Arawa Park
--Date: 16 October 2010
--Venue: Rotorua
--Race: 3
--Rule No: 638 (1) (d)
--Judicial Committee: R Seabrook, Chairman – A Dooley, Committee Member
--Plea: Not Admitted
--Also Present: Mr G Rogerson representing Mr J McDonald
----
CHARGES:
--Following race 3 an information was filed pursuant to rule 638 (1) (d). The informant Mr Williamson alleged that near the 200 metres Mr McDonald permitted his mount SEA FLYTE to shift out and hamper CARATACUS (O Bosson).
----
FACTS:
--Mr Williamson asked all present at the enquiry if they wished to review the video films of the race in question. These were viewed several times by all present at the protest which resulted in this charge. There was no request to review the video films.
----
SUBMISSION(s):
--Mr Williamson said there was no run on the outside of ARGON for Mr McDonald to take. He said Mr McDonald commenced to shift ground outwards forcing a run on the outside of ARGON. As a result CARATCUS lost its rightful line of running. He reiterated Mr McDonald was never the required distance clear of CARATACUS and reminded the committee a change of placings had resulted.
----
Mr McDonald did not wish to say anything.
----
Mr Rogerson said Mr McDonald was trying to win the race and in his opinion the shifty ground was the reason he came out as he did. He said SEA FLYTE went from underneath Mr McDonald in one stride. Mr Rogerson stated that Mr McDonald should be given the benefit of the doubt in this charge.
----
Mr Williamson in summing up said Mr McDonald allowed his mount to shift out taking the rightful position of CARATACUS.
----
REASON(s):
--The committee carefully considered all evidence before imposing an appropriate penalty. In particular the committee considered Mr Rogerson’s submission of the shifty ground being the cause of the interference. However the committee is in no doubt that the true cause of the interference was through Mr McDonald angling his mount out into the line of CARATACUS without being the required distance clear. Mr McDonald should have restrained his mount behind ARGON and waited for a run to present itself.
----
Accordingly we find the charge proven.
----
SUBMISSION(s) ON PENALTY:
--Mr Williamson told the committee this was Mr McDonald’s third charge in the last 12 months which was a very good record. He submitted this breach today was at the lower end of carelessness.
----
Mr McDonald said he had committed rides until 23 October 2010.
----
Mr Rogerson said the interference was at the very low end and submitted a fine should be imposed as Mr McDonald had already suffered through the relegation.
----
REASON(s):
--The committee considered the submissions as presented. Mitigating factors are Mr McDonald’s excellent riding record and his low level of carelessness. Although a relegation resulted the outward movement of Mr McDonald was sudden and not of great magnitude.
----
PENALTY:
--Accordingly after considering all the above facts we impose a suspension on Mr McDonald from riding in races which starts after racing on 23 October and concludes after racing on 28th October 2010 (4 riding days).
----
--
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 638(1)(d)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5f8f0157bafa3728ff4bc2421fe5c270
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
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meetid: a528de77ba218f79beac65916a605ee1
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/10/2010
meet_title: Rotorua RC - 16 October 2010
meet_expappcomment:
meet_km:
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tracklocation: rotorua-rc
meet_racingtype: thoroughbred-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Rotorua RC