R Rotorua 27 December 2017 – R 1 – Chair, Mr N McCutcheon
ID: JCA13298
Code:
Thoroughbred
Meet Title:
Racing Rotorua - 27 December 2017
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
ADooley
Race Date:
2017/12/27
Race Number:
R 1
Decision:
As Mr Colgan admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted a deferment to Mr Colgan’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on 2 January and conclude after racing on 11 January 2018.
Facts:
Following the running of race 1, Atkinson & Donaldson Plumbers 2200, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Jones, alleged that Mr Colgan allowed his mount REDCAYENNE to shift outwards when not sufficiently clear of THE LAST SAMURAI which was crowded then checked near the 350 metres.
Mr Colgan acknowledged that he understood 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 Oatham demonstrated the incident using the available video footage. He said as the horses raced around the final part of the home turn that Mr Colgan allowed his mount REDCAYENNE to shift out when not clear of THE LAST SAMURAI which resulted in that runner being buffeted and checked. When showing all film replays Mr Oatham emphasised that Mr Colgan was nowhere near adequately clear when he shifted ground.
Mr Colgan in response said that the films showed clearly what had happened in that he caused interference and added that he got it a “little wrong”.
Submissions for Penalty:
Mr Jones produced Mr Colgan’s record which showed 4 previous breaches under this Rule in the last 12 months with the most recent being on the 18th of October. He asked the Committee to take into account Mr Colgan’s admission of the breach and he placed the level of carelessness in the mid-range. He submitted an appropriate starting point for this breach would be 8 days.
Mr Colgan advised that he had firm engagements up to and including 2 January 2018 and sought a deferment to fulfil those engagements.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
When reviewing the video footage the Committee observed that Mr Colgan allowed his mount to shift out into the rightful running line of THE LAST SAMURAI when less than 1 length clear. This resulted in that runner being buffeted and checked. We deemed the carelessness to be in the mid-range.
The Penalty Guide for Judicial Committees recommends that the starting point for mid-range carelessness is 8 riding days.
The mitigating fact was Mr Colgan’s admission of the breach for which we afforded a 1 day reduction.
The Committee considered Mr Colgan’s record to be fair.
After taking into account all the above factors we determined that a 7 day suspension was appropriate.
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: 5e96df541e100c5a7a7648f1f5e17eec
informantnumber: A7333
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 27/12/2017
hearing_title: R Rotorua 27 December 2017 - R 1 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of race 1, Atkinson & Donaldson Plumbers 2200, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Jones, alleged that Mr Colgan allowed his mount REDCAYENNE to shift outwards when not sufficiently clear of THE LAST SAMURAI which was crowded then checked near the 350 metres.
Mr Colgan acknowledged that he understood 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 Oatham demonstrated the incident using the available video footage. He said as the horses raced around the final part of the home turn that Mr Colgan allowed his mount REDCAYENNE to shift out when not clear of THE LAST SAMURAI which resulted in that runner being buffeted and checked. When showing all film replays Mr Oatham emphasised that Mr Colgan was nowhere near adequately clear when he shifted ground.
Mr Colgan in response said that the films showed clearly what had happened in that he caused interference and added that he got it a “little wrong”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Colgan admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones produced Mr Colgan’s record which showed 4 previous breaches under this Rule in the last 12 months with the most recent being on the 18th of October. He asked the Committee to take into account Mr Colgan’s admission of the breach and he placed the level of carelessness in the mid-range. He submitted an appropriate starting point for this breach would be 8 days.
Mr Colgan advised that he had firm engagements up to and including 2 January 2018 and sought a deferment to fulfil those engagements.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
When reviewing the video footage the Committee observed that Mr Colgan allowed his mount to shift out into the rightful running line of THE LAST SAMURAI when less than 1 length clear. This resulted in that runner being buffeted and checked. We deemed the carelessness to be in the mid-range.
The Penalty Guide for Judicial Committees recommends that the starting point for mid-range carelessness is 8 riding days.
The mitigating fact was Mr Colgan’s admission of the breach for which we afforded a 1 day reduction.
The Committee considered Mr Colgan’s record to be fair.
After taking into account all the above factors we determined that a 7 day suspension was appropriate.
penalty:
The Committee granted a deferment to Mr Colgan’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Colgan had his license to ride in races suspended for a period to commence after racing on 2 January and conclude after racing on 11 January 2018.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr V Colgan - Rider of REDCAYENNE
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 355f8f04d19391188b70dbf2a721ad05
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3f9e52ff736c1f2cfc21068b9f4d050a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/12/2017
meet_title: Racing Rotorua - 27 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-rotorua
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: ADooley
meet_pm2: none
name: Racing Rotorua