R Rotorua 8 November 2013 – R 7
ID: JCA10873
Code:
Thoroughbred
Meet Title:
Racing Rotorua - 8 November 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GTankard
Race Date:
2013/11/08
Race Number:
R7
Decision:
As Ms Smyth admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a suspension on Ms Smyth which will commence after racing on 11th November and conclude after racing on 21 November 2013 (6 North Island days).
Facts:
Following race 7, Rotorua Review 1200, an information was filed pursuant to Rule 636(1)(c). The Informant, alleged that Ms R Smyth failed to ride her mount EVEREADY out to the end of the race where there was a reasonable chance of finishing in a better position.
Ms Smyth acknowledged that she understood the nature of the charge and the Rule and was assisted at the hearing by Mr A Forsman.
Rule 636(1) (c) states: "A person being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared."
Mr Oatham outlined to the Committee that EVEREADY was officially placed 5th a neck away from finishing in 4th position.
Mr Oatham demonstrated the incident by using all the available films. He pointed out to the Committee that at the 250 metre mark EVEREADY was in the lead and being ridden with vigour. He said that EVEREADY “died on its run” a little but pointed out Ms Smyth's riding style changed dramatically 6 strides off the winning post. He stated at that point EVEREADY was in contention for 4th position. He said just short of the finish Ms Smyth relaxes her ride for 3 to 4 strides and rode with no vigour at all. He added that the Stewards could not predict what would have happened if Ms Smyth had ridden her mount out to the end of the race.
Mr Oatham stated that all riders have an obligation under the Rules to ride their mounts out to the end of the race.
Ms Smyth told the Committee that she was feeling sick and had not ridden trackwork for a couple of days. Ms Smyth stated that she probably shouldn't have ridden today because she was unwell. She added that her mount was struggling in the slow ground.
Mr Forsman believed that EVEREADY was weakening in the final stages however with the small margin the charge was unable to be defended. He added that the perception of Ms Smyth’s actions would not be good. He noted that Ms Smyth was physically struggling on the day.
Submissions for Penalty:
Mr Williamson produced Ms Smyth's record which showed she had no breaches under this Rule. He said Ms Smyth had been riding for approximately 7 months this year after a return to race riding. He said it was clear post race that Ms Smyth was unwell and informed us that she was fully co-operative with Stewards during their investigation. However, he submitted that all riders have an obligation to ride their mounts out to the finish of a race. Mr Williamson submitted a suspension in the range of 5 to 8 days would be appropriate.
Ms Smyth submitted she had firm commitments up to and including 11th November and requested a deferment to her proposed suspension. She added that EVEREADY “died on its run” but she conceded she did not see LOLA finishing down the outside which finished in 4th place.
Ms Smyth when asked by the Committee confirmed that she rode only in the North Island.
Mr Forsman had nothing further to add.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors for Ms Smyth are her clear record under this Rule, her admission of the breach and her co-operation with Stewards. We believe Ms Smyth showed genuine remorse for her actions. The aggravating factors are this is a reasonably serious charge in which the betting public and connections were potentially let down by Ms Smyth's actions. We reviewed the video films which showed Ms Smyth eased up for approximately 4 strides just prior to the end of the race.
We are of the view that there was no intent on Ms Smyth's part in the manner she rode the horse.
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 3 weeks, with regard being had to the placing involved. We note that EVEREADY finished in 5th place a neck away from 4th place.
We referred to the JCA listing of penalties for similar breaches before imposing penalty. This showed two apprentice riders who incurred 7 day suspensions. We view this breach to be slightly below those two cases.
The Committee advised Ms Smyth that if she was feeling unwell she should have reported this fact to the Stipendiary Stewards who in turn would have referred her to the Club Doctor.
After taking into account all the above factors and placing emphasis on the mitigating factors we consider an appropriate penalty is a suspension of 6 North Island 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: 15de34f985f2a6c079d4660c4b2f6cb8
informantnumber: A6010
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to ride her mount out
plea: admitted
penaltyrequired: 1
decisiondate: 06/11/2013
hearing_title: R Rotorua 8 November 2013 - R 7
charge:
facts:
Following race 7, Rotorua Review 1200, an information was filed pursuant to Rule 636(1)(c). The Informant, alleged that Ms R Smyth failed to ride her mount EVEREADY out to the end of the race where there was a reasonable chance of finishing in a better position.
Ms Smyth acknowledged that she understood the nature of the charge and the Rule and was assisted at the hearing by Mr A Forsman.
Rule 636(1) (c) states: "A person being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared."
Mr Oatham outlined to the Committee that EVEREADY was officially placed 5th a neck away from finishing in 4th position.
Mr Oatham demonstrated the incident by using all the available films. He pointed out to the Committee that at the 250 metre mark EVEREADY was in the lead and being ridden with vigour. He said that EVEREADY “died on its run” a little but pointed out Ms Smyth's riding style changed dramatically 6 strides off the winning post. He stated at that point EVEREADY was in contention for 4th position. He said just short of the finish Ms Smyth relaxes her ride for 3 to 4 strides and rode with no vigour at all. He added that the Stewards could not predict what would have happened if Ms Smyth had ridden her mount out to the end of the race.
Mr Oatham stated that all riders have an obligation under the Rules to ride their mounts out to the end of the race.
Ms Smyth told the Committee that she was feeling sick and had not ridden trackwork for a couple of days. Ms Smyth stated that she probably shouldn't have ridden today because she was unwell. She added that her mount was struggling in the slow ground.
Mr Forsman believed that EVEREADY was weakening in the final stages however with the small margin the charge was unable to be defended. He added that the perception of Ms Smyth’s actions would not be good. He noted that Ms Smyth was physically struggling on the day.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Smyth admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Ms Smyth's record which showed she had no breaches under this Rule. He said Ms Smyth had been riding for approximately 7 months this year after a return to race riding. He said it was clear post race that Ms Smyth was unwell and informed us that she was fully co-operative with Stewards during their investigation. However, he submitted that all riders have an obligation to ride their mounts out to the finish of a race. Mr Williamson submitted a suspension in the range of 5 to 8 days would be appropriate.
Ms Smyth submitted she had firm commitments up to and including 11th November and requested a deferment to her proposed suspension. She added that EVEREADY “died on its run” but she conceded she did not see LOLA finishing down the outside which finished in 4th place.
Ms Smyth when asked by the Committee confirmed that she rode only in the North Island.
Mr Forsman had nothing further to add.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors for Ms Smyth are her clear record under this Rule, her admission of the breach and her co-operation with Stewards. We believe Ms Smyth showed genuine remorse for her actions. The aggravating factors are this is a reasonably serious charge in which the betting public and connections were potentially let down by Ms Smyth's actions. We reviewed the video films which showed Ms Smyth eased up for approximately 4 strides just prior to the end of the race.
We are of the view that there was no intent on Ms Smyth's part in the manner she rode the horse.
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 3 weeks, with regard being had to the placing involved. We note that EVEREADY finished in 5th place a neck away from 4th place.
We referred to the JCA listing of penalties for similar breaches before imposing penalty. This showed two apprentice riders who incurred 7 day suspensions. We view this breach to be slightly below those two cases.
The Committee advised Ms Smyth that if she was feeling unwell she should have reported this fact to the Stipendiary Stewards who in turn would have referred her to the Club Doctor.
After taking into account all the above factors and placing emphasis on the mitigating factors we consider an appropriate penalty is a suspension of 6 North Island Days.
penalty:
Accordingly, we impose a suspension on Ms Smyth which will commence after racing on 11th November and conclude after racing on 21 November 2013 (6 North Island days).
hearing_type: Hearing
Rules: 636(1)(c)
Informant: Mr M Willamson-Stipendiary Steward
JockeysandTrainer: Ms R Smyth - Licensed Apprentice Rider
Otherperson: Mr A Forsman - assisting Ms Smyth, Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9ccd436fffe92e5b21a512a3cec4b97a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e9889eab16e82856ee4ad4a71b358f63
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/11/2013
meet_title: Racing Rotorua - 8 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-rotorua
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GTankard
meet_pm2: none
name: Racing Rotorua