R Taupo 19 August 2013 – R 7
ID: JCA17710
Code:
Thoroughbred
Meet Title:
Taupo RC - 19 August 2013
Meet Chair:
ADooley
Race Date:
2013/08/19
Race Number:
R7
Decision:
As Mr Forbes admitted the breach we find the charge proved.
Penalty:
I grant Mr Forbes' request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, I impose a suspension on Mr Forbes which will commence after racing on August 24 and conclude after racing on August 31 (4 days).
Charge:
Following race 7, THE DARCI BRAHMA 1300, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles, alleged that Mr Forbes permitted his mount PUCCINI to shift inwards when not sufficiently clear of FLASH FORWARD (Ms S Collett) which was checked near the 200 metres.
Mr Forbes acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Facts:
Mr Oatham identified PUCCINI that was racing 4 wide with FLASH FORWARD racing 3 wide approaching the 200 metres. He said shortly after this point Mr Forbes' mount commenced to shift in approximately one and a half to two horse widths. He said Mr Forbes erred in drawing his whip when PUCCINI was shifting in which resulted in FLASH FORWARD being checked. He added Mr Forbes was half a length to three quarters of a length clear when shifting in.
Mr Forbes in admitting the breach told the Committee that he did not realise FLASH FORWARD was racing to his inside. He said Ms Collett did not call out to him.
Submissions for Penalty:
Mr Coles produced Mr Forbes' record which showed 2 previous breaches in the last 12 months in Australia which incurred 8 and 10 day suspensions. He said Mr Forbes' New Zealand record for careless riding in the last 12 months was clear. He submitted an appropriate suspension would be at the low end taking into account the level of carelessness and his admission of the breach.
Mr Forbes advised that he had upcoming commitments up to and including August 24, and that any period of suspension could commence after that.
In response to a question from the Committee, Mr Forbes said he had no intention to ride at Ashburton on August 30.
Mr Shailer submitted that Mr Forbes admitted the breach and has a very good record. He acknowledged that Mr Forbes was unaware that FLASH FORWARD was racing to his inside.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. I have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr Forbes' admission of the breach, his very good overall record in relation to this Rule and the level of carelessness is assessed as low end. The aggravating fact is Mr Forbes was approximately three quarters of a length clear when shifting in which caused Ms Collett's mount to be checked. This is well outside the required two lengths.
After taking into account all the above factors I consider an appropriate penalty is a 4 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: e2a2eecade3e698696744962372b802e
informantnumber: A2773
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/08/2013
hearing_title: R Taupo 19 August 2013 - R 7
charge:
Following race 7, THE DARCI BRAHMA 1300, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles, alleged that Mr Forbes permitted his mount PUCCINI to shift inwards when not sufficiently clear of FLASH FORWARD (Ms S Collett) which was checked near the 200 metres.
Mr Forbes acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
facts:
Mr Oatham identified PUCCINI that was racing 4 wide with FLASH FORWARD racing 3 wide approaching the 200 metres. He said shortly after this point Mr Forbes' mount commenced to shift in approximately one and a half to two horse widths. He said Mr Forbes erred in drawing his whip when PUCCINI was shifting in which resulted in FLASH FORWARD being checked. He added Mr Forbes was half a length to three quarters of a length clear when shifting in.
Mr Forbes in admitting the breach told the Committee that he did not realise FLASH FORWARD was racing to his inside. He said Ms Collett did not call out to him.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Forbes admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Forbes' record which showed 2 previous breaches in the last 12 months in Australia which incurred 8 and 10 day suspensions. He said Mr Forbes' New Zealand record for careless riding in the last 12 months was clear. He submitted an appropriate suspension would be at the low end taking into account the level of carelessness and his admission of the breach.
Mr Forbes advised that he had upcoming commitments up to and including August 24, and that any period of suspension could commence after that.
In response to a question from the Committee, Mr Forbes said he had no intention to ride at Ashburton on August 30.
Mr Shailer submitted that Mr Forbes admitted the breach and has a very good record. He acknowledged that Mr Forbes was unaware that FLASH FORWARD was racing to his inside.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. I have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Mr Forbes' admission of the breach, his very good overall record in relation to this Rule and the level of carelessness is assessed as low end. The aggravating fact is Mr Forbes was approximately three quarters of a length clear when shifting in which caused Ms Collett's mount to be checked. This is well outside the required two lengths.
After taking into account all the above factors I consider an appropriate penalty is a 4 day suspension.
penalty:
I grant Mr Forbes' request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, I impose a suspension on Mr Forbes which will commence after racing on August 24 and conclude after racing on August 31 (4 days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr A Forbes - Class B Rider
Otherperson: Mr P Shailer - Trainer assisting Mr Forbes, Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1f1ebcae6865fca7dcf056e547467137
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: c01b68905f2e434f85aa7066e35e0ca5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/08/2013
meet_title: Taupo RC - 19 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taupo-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
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name: Taupo RC