Archive Decision

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R Tauranga 12 December 2014 – R 2

ID: JCA12814

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr B Hutton, class B rider of MAGNIFIER

Other Person:
Mr W Robinson - Stipendiary Steward, Mr A Scott, assisting Mr B Hutton

Information Number:
4361

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638 (1) (D)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 12 December 2014

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2014/12/12

Race Number:
R2

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Accordingly and under the provisions of rule 1106 (2) we suspend Mr Hutton from riding in races which is to start after racing on 17 December and conclude after racing on 26 December (4 North Island days).

Facts:

Following race 2, the Quadrant Pacific 1300, an information was lodged by the informant Mr A Coles.  He alleged that near the 850 metres Mr B Hutton allowed his mount MAGNIFIER to shift in crowding NEVERLAND (B Jones) onto SPARKLING SWORD (M Sweeney) which was checked.

Mr Robinson demonstrated the video films which showed MAGNIFIER racing in a four wide position approaching the 850 metre mark.  Shortly after that point he pointed out Mr Hutton allowing his mount to shift in and crowding runners on his inside.  Mr Robinson said the worst affected was SPARKLING SWORD which was checked. He said Mr McKay riding OBLIVION who was on the rail was very slow reading the race and after making contact with the rail moved out slightly contributing to the incident. 

Mr Hutton concurred with Mr Robinson's evidence but also said his mount was green and boisterous.

Mr Scott said that MAGNIFIER was a big, difficult horse but conceded Mr Hutton allowed his mount to move in a fraction too soon.  He believed his carelessness was at the very low end.

Submissions for Penalty:

Mr Coles reiterated that MAGNIFIER is a big green horse and although the interference looked bad, in mitigation the pace was easing and Mr McKay did shift out slightly after contacting the rail.  He submitted the breach was at the low end and asked the committee to consider Mr Hutton's admission of the breach.  He said Mr Hutton had a fair record leading up to this breach and believed a four day suspension would be appropriate.

Mr Hutton told the committee he had commitments up to and including racing at Matamata on 17 December.  When questioned he said he only rode in the North Island.

Reasons for Penalty:

The committee carefully considered all evidence and submissions before imposing an appropriate penalty.  Mitigating factors are Mr Hutton's admission of the breach and the fact that his mount was headstrong giving him a difficult ride.  Mr McKay also made a minor contribution to the incident by being slow to react and allowing his mount to move out slightly.  As far as Mr Hutton's record is concerned we note that it is clear in the last twelve months.  However we are also mindful that he has only ridden in the last two months due to an injury in the preceding ten months.  The aggravating factor in this charge is that Mr Hutton did allow his mount to shift in from a four wide position to a one off position without being the required distance clear.  Taking the mitigating reasons into account we assess his level of carelessness to be at the low end.

After considering all the above factors and taking five days as the starting point we determine a suspension of four days is 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: 5b5ea62d105d2516a139abaef3124fc3


informantnumber: 4361


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 13/12/2014


hearing_title: R Tauranga 12 December 2014 - R 2


charge:


facts:

Following race 2, the Quadrant Pacific 1300, an information was lodged by the informant Mr A Coles.  He alleged that near the 850 metres Mr B Hutton allowed his mount MAGNIFIER to shift in crowding NEVERLAND (B Jones) onto SPARKLING SWORD (M Sweeney) which was checked.

Mr Robinson demonstrated the video films which showed MAGNIFIER racing in a four wide position approaching the 850 metre mark.  Shortly after that point he pointed out Mr Hutton allowing his mount to shift in and crowding runners on his inside.  Mr Robinson said the worst affected was SPARKLING SWORD which was checked. He said Mr McKay riding OBLIVION who was on the rail was very slow reading the race and after making contact with the rail moved out slightly contributing to the incident. 

Mr Hutton concurred with Mr Robinson's evidence but also said his mount was green and boisterous.

Mr Scott said that MAGNIFIER was a big, difficult horse but conceded Mr Hutton allowed his mount to move in a fraction too soon.  He believed his carelessness was at the very low end.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Coles reiterated that MAGNIFIER is a big green horse and although the interference looked bad, in mitigation the pace was easing and Mr McKay did shift out slightly after contacting the rail.  He submitted the breach was at the low end and asked the committee to consider Mr Hutton's admission of the breach.  He said Mr Hutton had a fair record leading up to this breach and believed a four day suspension would be appropriate.

Mr Hutton told the committee he had commitments up to and including racing at Matamata on 17 December.  When questioned he said he only rode in the North Island.


reasonsforpenalty:

The committee carefully considered all evidence and submissions before imposing an appropriate penalty.  Mitigating factors are Mr Hutton's admission of the breach and the fact that his mount was headstrong giving him a difficult ride.  Mr McKay also made a minor contribution to the incident by being slow to react and allowing his mount to move out slightly.  As far as Mr Hutton's record is concerned we note that it is clear in the last twelve months.  However we are also mindful that he has only ridden in the last two months due to an injury in the preceding ten months.  The aggravating factor in this charge is that Mr Hutton did allow his mount to shift in from a four wide position to a one off position without being the required distance clear.  Taking the mitigating reasons into account we assess his level of carelessness to be at the low end.

After considering all the above factors and taking five days as the starting point we determine a suspension of four days is appropriate.


penalty:

Accordingly and under the provisions of rule 1106 (2) we suspend Mr Hutton from riding in races which is to start after racing on 17 December and conclude after racing on 26 December (4 North Island days).


hearing_type: Hearing


Rules: 638 (1) (D)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr B Hutton, class B rider of MAGNIFIER


Otherperson: Mr W Robinson - Stipendiary Steward, Mr A Scott, assisting Mr B Hutton


PersonPresent:


Respondent:


StipendSteward:


raceid: f410f451591115241fdd5d0fcc0f2560


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


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meetid: 36db92084ee2f9a7dd1ee4cb7ec43a2d


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meetdate: 12/12/2014


meet_title: Racing Tauranga - 12 December 2014


meet_expappcomment:


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tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Racing Tauranga