R Rotorua 7 January 2013 – R 7 (heard at Tauranga on 11 January 2013)
ID: JCA23179
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Racing Rotorua - 7 January 2013
Meet Chair:
RSeabrook
Meet Committee Member 1:
GTankard
Race Date:
2013/01/07
Race Number:
R 7
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Adjourned Hearing from R Rotorua 7 January. Held at R Tauranga 11 January 2013
Informant: Mr J Oatham - Stipendiary Steward
Respondent: Mr L Cribbin - Licensed Rider
Information No: A4887
Meeting: Racing Rotorua
Date: 7 January 2013
Venue: Rotorua
Rule No: 636(1)(b)
Race: 7
Judicial Committee: A Dooley, Chairman / G Tankard Committee Member
Plea: Admitted
Persons Present: Mr W Robinson – Stipendiary Steward
Charge;
Following race 7, an information was filed pursuant to Rule 636(1) (d). The informant, Mr Oatham, alleged that Mr Cribbin failed to take all reasonable and permissible measures to maintain contact with the remainder of the field from leaving the barriers until near the 900 metres on his mount GORDYFROMGREATBARR.
Mr Oatham read the rule and Mr Cribbin acknowledged he understood it.
The Committee explained to Mr Cribbin that this breach was considered a serious offence. Mr Cribbin acknowledged this and he had no objection to the hearing proceeding.
Evidence:
Mr Robinson demonstrated the incident by using all the available films. He pointed out to the committee that GORDYFROMGREATBARR jumped a little awkwardly and was ¾ of a length behind the last horse shortly after the start. He then paused the film 200 metres after the start which showed GORDYFROMGREATBARR was at least 20 lengths from the rear of the field. He said at the 1400 metre mark Mr Cribbin was showing no urgency or vigour on his mount to make up some ground. He said it was not until the 900 metre mark when Mr Cribbin showed any signs of urging his mount forward.
In response to a question from the committee Mr Oatham conceded that GORDYFROMGREATBARR was 10 lengths behind the rear of the field at the 900 metre mark.
Mr Oatham said the charge ceased at the 900 metre mark as this was the point when Mr Cribbin attempted to improve his mount. He said the films showed that GORDTFROMGREATBARR made contact with the field at the 600 metres and ran on well to finish in 5th position 5½ lengths from the winner.
Mr Oatham stated clearly the Stewards view was Mr Cribbin's lack of action when he was 20 lengths behind the body of the field was significant. He highlighted that Mr Cribbin's actions had a bearing on the potential placing of his mount
In response to a question from the committee Mr Oatham advised us the riding instructions from the Trainer, was to be patient early and let the horse settle. He told us the Trainer was extremely disappointed with Mr Cribbin's ride and dismayed why he did not improve his position earlier in the race.
Mr Oatham further advised the committee that a post race vet checked was ordered on the horse which revealed no abnormalities.
Mr Cribbin informed the committee that his mount was known to be a difficult ride. He rode the horse at its previous start and he was concerned that if he was to push his horse forward too early it could bolt on him. He was of the view that the early part of the race was run fast, however Mr Robinson pointed out this maiden race was run in 2 seconds slower that the previous maiden race over the same distance.
Mr Cribbin acknowledged that it was an error of judgement on his part.
Decision:
As Mr Cribbin admitted the breach we find the charge proved.
Submissions for Penalty:
Mr Oatham produced Mr Cribbin's record which showed he had been in New Zealand since September 2012 and was licensed to ride from 27 December 2012. He said Mr Cribbin last year rode in South Australia and prior to that was an apprentice rider in Ireland with a record of 72 rides on the flat for 1 win. Mr Cribbin competed in 43 times Jump races for 1 win. He said Mr Cribbin was not the most experienced rider and this was just his 2nd ride in New Zealand. He acknowledged that GORDYFROMGREATBARR was not the easiest horse to ride, however his ride was assessed by the Stewards as a serious misjudgement.
Mr Oatham submitted that Mr Cribbin be given credit for admission of the breach and his frank openness with the Stewards. He submitted the aggravating factors were the ride which looked bad and Mr Cribbin let himself down and the betting public. He submitted this was a serious charge and a suspension in the 4 to 6 week range would be an appropriate penalty.
Mr Oatham submitted as this was an adjourned hearing from January 7 the penalty can start immediately.
Mr Cribbin submitted that he earned an income by riding track work for Ms O'Shea and Mr Marsh. He made no submissions on penalty.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factors for Mr Cribbin are his clear record, his admission of the breach and his co-operation and honesty with Stewards. We took into account Mr Cribbin had ridden only twice in the last 4 months since being in the country. We believe Mr Cribbin showed genuine remorse. The aggravating factors are this was a serious charge in which the betting public were let down by Mr Cribbin's poor lack of judgement. We note that Mr Cribbin had ridden the horse previously and was aware of its racing manners. We are of the view that there was no intent on Mr Cribbin part in the manner he rode the horse. However, it is an obligation under the New Zealand Rules of Racing riders are expected to try at all stages throughout the race. We are of the opinion that Mr Cribbin's handling of GORDYFROMGREATBARR fell well short of fulfilling a rider’s obligation.
In determining penalty, the committee had regard for the need to maintain integrity and public confidence in racing. We note that the JCA penalty guide recommends a starting point of 6 weeks suspension. We referred to the JCA listing of penalties for similar breaches under this rule prior to imposing penalty.
After taking into account all the above factors we independently assess an appropriate penalty is a suspension of 1 month.
Penalty:
Accordingly, we impose a suspension on Mr Cribbin which will commence after racing on 11 January 2013 and conclude after racing on 11 February 2013 (1 month).
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: fec79afc6c7ed94b6acbe738d5524c5d
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 07/01/2013
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: R Rotorua 7 January 2013 - R 7 (heard at Tauranga on 11 January 2013)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Adjourned Hearing from R Rotorua 7 January. Held at R Tauranga 11 January 2013
Informant: Mr J Oatham - Stipendiary Steward
Respondent: Mr L Cribbin - Licensed Rider
Information No: A4887
Meeting: Racing Rotorua
Date: 7 January 2013
Venue: Rotorua
Rule No: 636(1)(b)
Race: 7
Judicial Committee: A Dooley, Chairman / G Tankard Committee Member
Plea: Admitted
Persons Present: Mr W Robinson – Stipendiary Steward
Charge;
Following race 7, an information was filed pursuant to Rule 636(1) (d). The informant, Mr Oatham, alleged that Mr Cribbin failed to take all reasonable and permissible measures to maintain contact with the remainder of the field from leaving the barriers until near the 900 metres on his mount GORDYFROMGREATBARR.
Mr Oatham read the rule and Mr Cribbin acknowledged he understood it.
The Committee explained to Mr Cribbin that this breach was considered a serious offence. Mr Cribbin acknowledged this and he had no objection to the hearing proceeding.
Evidence:
Mr Robinson demonstrated the incident by using all the available films. He pointed out to the committee that GORDYFROMGREATBARR jumped a little awkwardly and was ¾ of a length behind the last horse shortly after the start. He then paused the film 200 metres after the start which showed GORDYFROMGREATBARR was at least 20 lengths from the rear of the field. He said at the 1400 metre mark Mr Cribbin was showing no urgency or vigour on his mount to make up some ground. He said it was not until the 900 metre mark when Mr Cribbin showed any signs of urging his mount forward.
In response to a question from the committee Mr Oatham conceded that GORDYFROMGREATBARR was 10 lengths behind the rear of the field at the 900 metre mark.
Mr Oatham said the charge ceased at the 900 metre mark as this was the point when Mr Cribbin attempted to improve his mount. He said the films showed that GORDTFROMGREATBARR made contact with the field at the 600 metres and ran on well to finish in 5th position 5½ lengths from the winner.
Mr Oatham stated clearly the Stewards view was Mr Cribbin's lack of action when he was 20 lengths behind the body of the field was significant. He highlighted that Mr Cribbin's actions had a bearing on the potential placing of his mount
In response to a question from the committee Mr Oatham advised us the riding instructions from the Trainer, was to be patient early and let the horse settle. He told us the Trainer was extremely disappointed with Mr Cribbin's ride and dismayed why he did not improve his position earlier in the race.
Mr Oatham further advised the committee that a post race vet checked was ordered on the horse which revealed no abnormalities.
Mr Cribbin informed the committee that his mount was known to be a difficult ride. He rode the horse at its previous start and he was concerned that if he was to push his horse forward too early it could bolt on him. He was of the view that the early part of the race was run fast, however Mr Robinson pointed out this maiden race was run in 2 seconds slower that the previous maiden race over the same distance.
Mr Cribbin acknowledged that it was an error of judgement on his part.
Decision:
As Mr Cribbin admitted the breach we find the charge proved.
Submissions for Penalty:
Mr Oatham produced Mr Cribbin's record which showed he had been in New Zealand since September 2012 and was licensed to ride from 27 December 2012. He said Mr Cribbin last year rode in South Australia and prior to that was an apprentice rider in Ireland with a record of 72 rides on the flat for 1 win. Mr Cribbin competed in 43 times Jump races for 1 win. He said Mr Cribbin was not the most experienced rider and this was just his 2nd ride in New Zealand. He acknowledged that GORDYFROMGREATBARR was not the easiest horse to ride, however his ride was assessed by the Stewards as a serious misjudgement.
Mr Oatham submitted that Mr Cribbin be given credit for admission of the breach and his frank openness with the Stewards. He submitted the aggravating factors were the ride which looked bad and Mr Cribbin let himself down and the betting public. He submitted this was a serious charge and a suspension in the 4 to 6 week range would be an appropriate penalty.
Mr Oatham submitted as this was an adjourned hearing from January 7 the penalty can start immediately.
Mr Cribbin submitted that he earned an income by riding track work for Ms O'Shea and Mr Marsh. He made no submissions on penalty.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factors for Mr Cribbin are his clear record, his admission of the breach and his co-operation and honesty with Stewards. We took into account Mr Cribbin had ridden only twice in the last 4 months since being in the country. We believe Mr Cribbin showed genuine remorse. The aggravating factors are this was a serious charge in which the betting public were let down by Mr Cribbin's poor lack of judgement. We note that Mr Cribbin had ridden the horse previously and was aware of its racing manners. We are of the view that there was no intent on Mr Cribbin part in the manner he rode the horse. However, it is an obligation under the New Zealand Rules of Racing riders are expected to try at all stages throughout the race. We are of the opinion that Mr Cribbin's handling of GORDYFROMGREATBARR fell well short of fulfilling a rider’s obligation.
In determining penalty, the committee had regard for the need to maintain integrity and public confidence in racing. We note that the JCA penalty guide recommends a starting point of 6 weeks suspension. We referred to the JCA listing of penalties for similar breaches under this rule prior to imposing penalty.
After taking into account all the above factors we independently assess an appropriate penalty is a suspension of 1 month.
Penalty:
Accordingly, we impose a suspension on Mr Cribbin which will commence after racing on 11 January 2013 and conclude after racing on 11 February 2013 (1 month).
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 636(1)(b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e261e0532ed935c4ee2fe05eef71ffbf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0cf453719c1131448c0a31a30b62e48e
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/01/2013
meet_title: Racing Rotorua - 7 January 2013
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]
meet_otherexp:
tracklocation: racing-rotorua
meet_racingtype: thoroughbred-racing
meet_chair: RSeabrook
meet_pm1: GTankard
meet_pm2: none
name: Racing Rotorua