R Taupo 22 September 2017 – R 7 – Chair, Mr A Dooley
ID: JCA15748
Code:
Thoroughbred
Meet Title:
Taupo RC - 22 September 2017
Meet Chair:
ADooley
Meet Committee Member 1:
TCastles
Race Date:
2017/09/22
Race Number:
R7
Decision:
As Mr Elliot admitted the breach the Committee found the charge proved.
Penalty:
The Committee grant a deferment to Mr Elliot’s suspension as per Rule 1106(2).
Accordingly, Mr Elliot had his license to ride in races suspended for a period to commence after racing on 27 September and conclude after racing on 7 October 2017 2017 (6 days)
That period of suspension encompasses meetings at
28 September – Waipukurau
30 September – Ellerslie / New Plymouth
4 October – Whangarei
5 October – Waverley
6 October – Te Rapa
7 October – Hastings / Christchurch
The Committee advised Mr Elliot that 1 October at Te Aroha was not included in his suspension because the race meeting is scheduled for Jump/ Highweight and Amateur riders only.
Facts:
Following the running of Race 7, Taupo Veterinary Centre, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Coles, alleged that Mr Elliot permitted his mount CULZEAN to shift inwards when not sufficiently clear of RETORT which was checked passing the 900 metres resulting in SANTA MONICA and MISS BUMBLEBEE also being checked.
Mr Elliot acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Harris assisted Mr Elliot at the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Jones used the available video footage to demonstrate the interference that occurred passing the 900 metres. He identified that CULZEAN was racing on the outside of the field and directly to that runners inside was RETORT, SANTA MONICA and MISS BUMBLEBEE. He said that Mr Elliot allowed his mount to shift in and into the running line of RETORT. He pointed out on the video footage that Mr Elliot was no more than a bare length clear and stated that this obviously set off a chain reaction to 3 horses that were racing to his inside. He said that RETORT shifted in when checked and that runner moved into the line of SANTA MONICA who in turn came back onto MISS BUMBLEBEE. In conclusion Mr Jones said that the level of carelessness was at the lower end but the effect of the shift inwards by Mr Elliot was fairly severe.
Mr Elliot asked Mr Jones if he thought that Miss Collett, the rider of SANTA MONICA had got into the line of Mr Du Plessis’s mount MISS BUMBLEBEE. Mr Jones response was that Ms Collett did shift in to some degree but he reiterated that the interference that led to Mr Du Plessis being placed in restricted room was caused by Mr Elliot shifting in when not sufficiently clear.
Mr Harris informed the Committee that during the Stipendiary Stewards investigation into the incident Mr Weatherley had said that his mount RETORT was hard to restrain and his mount “didn’t come back to him” when it was checked by Mr Elliot. However, Mr Harris stated that Mr Weatherley was entitled to be where he was in the race and that Mr Elliot’s actions were careless.
Mr Elliot in summing up the incident said that Mr Du Plessis anticipated the interference that occurred.
When asked by the Committee both Mr Elliot and Mr Harris had nothing further to add.
Submissions for Penalty:
Mr Coles produced Mr Elliot’s record which showed 3 previous breaches under this Rule in the last 12 months.
1 October 2016 – 4 days
4 March 2017 – 5 days
22 July 2017 – 5 days
Mr Coles described Mr Elliot’s record as being fair to mid-range and said Mr Elliot deserved credit for his admission of the breach. He said that 2 horses were affected due to Mr Elliot’s carelessness plus MISS BUMBLEBEE was placed in restricted room and tightened. He said the level of carelessness was in the low to mid-range and the breach would warrant a term of suspension.
Mr Elliot viewed the Racing Calendar and advised that he had engagements up to and including 27 September and any proposed suspension could start after that date.
In response to a question from the Committee, Mr Elliot said that he had no intention of riding at Gore on 29 September.
Mr Harris submitted that Mr Elliot was learning his trade and that he was there to guide him. He added that Mr Elliot was a quick learner.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Penalty Guide for Judicial Committees recommends that the starting point is a 5 day suspension which is adjusted based on mitigating and aggravating factors.
When reviewing the incident it was evident that Mr Elliot looked to his inside on several occasions yet he still allowed his mount to shift in when not sufficiently clear. In doing so RETORT, SANTA MONICA and MISS BUMBLEBEE all had their chances affected to varying degrees. We observed that all 3 horses lost between 2 to 3 lengths when they were checked as a result of Mr Elliot’s actions. In our view the checks were quite significant with all 3 riders having to take a firm hold of their mounts. On that basis although we assess the level of carelessness to be in the low to mid-range the consequences of Mr Elliot’s actions were above mid-range. The circumstances of this breach were greater than the standard careless riding charge due to the fact that 3 horses and riders were disadvantaged as a result of Mr Elliot’s carelessness. These collective aggravating factors warranted a 2 day uplift.
The mitigating fact was Mr Elliot’s admission of the breach, albeit inevitable given the compelling video evidence. For this we afforded Mr Elliot a 1 day reduction in penalty.
The Committee considered Mr Elliot’s record under this Rule to be average even taking into account his high number of rides in the last 12 months. We deemed Mr Elliot’s record to be a neutral factor.
When considering penalty the Committee had regard for the race meetings included in Mr Elliot’s suspension and we note that 7 October is an Iconic meeting. Our expectation is that Judicial Committees no longer substitute a fine for the last day of a suspension where that day will be a Premier or Iconic day.
The Committee was satisfied that Mr Elliot has a recent history of riding in the Central Districts on Industry days. Therefore all those dates were included in the penalty.
The onus is on the rider who is shifting ground to be at least its own length and one other clear length in front of such other horse at the time of crossing. The Rule is designed to protect the safety of horse and rider which is paramount.
After taking into account all the above factors the Committee considered an appropriate suspension was 6 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: cb2fd4c65b485a8fbfd4120d745f041b
informantnumber: A8881
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 24/09/2017
hearing_title: R Taupo 22 September 2017 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of Race 7, Taupo Veterinary Centre, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Coles, alleged that Mr Elliot permitted his mount CULZEAN to shift inwards when not sufficiently clear of RETORT which was checked passing the 900 metres resulting in SANTA MONICA and MISS BUMBLEBEE also being checked.
Mr Elliot acknowledged that he understood the Rule and confirmed his admission of the breach. Mr Harris assisted Mr Elliot at the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Jones used the available video footage to demonstrate the interference that occurred passing the 900 metres. He identified that CULZEAN was racing on the outside of the field and directly to that runners inside was RETORT, SANTA MONICA and MISS BUMBLEBEE. He said that Mr Elliot allowed his mount to shift in and into the running line of RETORT. He pointed out on the video footage that Mr Elliot was no more than a bare length clear and stated that this obviously set off a chain reaction to 3 horses that were racing to his inside. He said that RETORT shifted in when checked and that runner moved into the line of SANTA MONICA who in turn came back onto MISS BUMBLEBEE. In conclusion Mr Jones said that the level of carelessness was at the lower end but the effect of the shift inwards by Mr Elliot was fairly severe.
Mr Elliot asked Mr Jones if he thought that Miss Collett, the rider of SANTA MONICA had got into the line of Mr Du Plessis’s mount MISS BUMBLEBEE. Mr Jones response was that Ms Collett did shift in to some degree but he reiterated that the interference that led to Mr Du Plessis being placed in restricted room was caused by Mr Elliot shifting in when not sufficiently clear.
Mr Harris informed the Committee that during the Stipendiary Stewards investigation into the incident Mr Weatherley had said that his mount RETORT was hard to restrain and his mount “didn’t come back to him” when it was checked by Mr Elliot. However, Mr Harris stated that Mr Weatherley was entitled to be where he was in the race and that Mr Elliot’s actions were careless.
Mr Elliot in summing up the incident said that Mr Du Plessis anticipated the interference that occurred.
When asked by the Committee both Mr Elliot and Mr Harris had nothing further to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Elliot admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Elliot’s record which showed 3 previous breaches under this Rule in the last 12 months.
1 October 2016 – 4 days
4 March 2017 – 5 days
22 July 2017 – 5 days
Mr Coles described Mr Elliot’s record as being fair to mid-range and said Mr Elliot deserved credit for his admission of the breach. He said that 2 horses were affected due to Mr Elliot’s carelessness plus MISS BUMBLEBEE was placed in restricted room and tightened. He said the level of carelessness was in the low to mid-range and the breach would warrant a term of suspension.
Mr Elliot viewed the Racing Calendar and advised that he had engagements up to and including 27 September and any proposed suspension could start after that date.
In response to a question from the Committee, Mr Elliot said that he had no intention of riding at Gore on 29 September.
Mr Harris submitted that Mr Elliot was learning his trade and that he was there to guide him. He added that Mr Elliot was a quick learner.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Penalty Guide for Judicial Committees recommends that the starting point is a 5 day suspension which is adjusted based on mitigating and aggravating factors.
When reviewing the incident it was evident that Mr Elliot looked to his inside on several occasions yet he still allowed his mount to shift in when not sufficiently clear. In doing so RETORT, SANTA MONICA and MISS BUMBLEBEE all had their chances affected to varying degrees. We observed that all 3 horses lost between 2 to 3 lengths when they were checked as a result of Mr Elliot’s actions. In our view the checks were quite significant with all 3 riders having to take a firm hold of their mounts. On that basis although we assess the level of carelessness to be in the low to mid-range the consequences of Mr Elliot’s actions were above mid-range. The circumstances of this breach were greater than the standard careless riding charge due to the fact that 3 horses and riders were disadvantaged as a result of Mr Elliot’s carelessness. These collective aggravating factors warranted a 2 day uplift.
The mitigating fact was Mr Elliot’s admission of the breach, albeit inevitable given the compelling video evidence. For this we afforded Mr Elliot a 1 day reduction in penalty.
The Committee considered Mr Elliot’s record under this Rule to be average even taking into account his high number of rides in the last 12 months. We deemed Mr Elliot’s record to be a neutral factor.
When considering penalty the Committee had regard for the race meetings included in Mr Elliot’s suspension and we note that 7 October is an Iconic meeting. Our expectation is that Judicial Committees no longer substitute a fine for the last day of a suspension where that day will be a Premier or Iconic day.
The Committee was satisfied that Mr Elliot has a recent history of riding in the Central Districts on Industry days. Therefore all those dates were included in the penalty.
The onus is on the rider who is shifting ground to be at least its own length and one other clear length in front of such other horse at the time of crossing. The Rule is designed to protect the safety of horse and rider which is paramount.
After taking into account all the above factors the Committee considered an appropriate suspension was 6 days.
penalty:
The Committee grant a deferment to Mr Elliot’s suspension as per Rule 1106(2).
Accordingly, Mr Elliot had his license to ride in races suspended for a period to commence after racing on 27 September and conclude after racing on 7 October 2017 2017 (6 days)
That period of suspension encompasses meetings at
28 September – Waipukurau
30 September – Ellerslie / New Plymouth
4 October – Whangarei
5 October – Waverley
6 October – Te Rapa
7 October – Hastings / Christchurch
The Committee advised Mr Elliot that 1 October at Te Aroha was not included in his suspension because the race meeting is scheduled for Jump/ Highweight and Amateur riders only.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr R Elliot - Apprentice Rider of CULZEAN
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Elliot, Mr B Jones - Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5a2f4e718fd475e1c924b45e2f89c6ff
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:
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/09/2017
meet_title: Taupo RC - 22 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taupo-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: TCastles
meet_pm2: none
name: Taupo RC