Archive Decision

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R Tauranga 14 March 2020 – R 5 – Chair, Mr A Dooley

ID: JCA14179

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Ms C Burdan - Apprentice Rider

Other Person:
Mr N Harris - Apprentice Jockey Mentor, Mr A Coles - Stipendiary Steward

Information Number:
A12918

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 14 March 2020

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2020/03/14

Race Number:
R 5

Decision:

As Ms Burdan admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Ms Burdan had her license to ride in races suspended for a period to commence after racing on 14 March and conclude after racing on 22 March 2020.

The 15 March race meeting at Woodville was not included in the penalty because the declaration of riders had already closed.

Facts:

Following the running of race 5, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Ms Burdan allowed GRIFFIN to shift out over the concluding stages when not clear of TUTTA LA CLASSE which had to be steadied losing ground.

Ms Burdan said that she understood the Rule and confirmed her admission of the breach.

Mr N Harris assisted Ms Burdan 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 Coles demonstrated the incident using the available video footage. He identified that Ms Burdan allowed her mount to shift out 4 to 5 strides before the finish line. As a result, Mr Hashizume had to stop riding TUTTA LA CLASSE and this may have cost that runner 4th placing.

Ms Burdan said she accepted that her mount shifted out when not clear of TUTTA LA CLASSE close to the finish line. She added that she put her whip away before GRIFFIN shifted out.

Mr Harris said that GRIFFIN shifted out 1 horse width when not clear of TUTTA LA CLASSE. He added that Ms Burdan did not direct her mount out.

Submissions for Penalty:

Mr Jones said that Ms Burdan had 1 previous breach under this Rule in the last12 months. He noted that when GRIFFIN shifted out TUTTA LA CLASSE had to be restrained when it was clearly racing in 4th position. He said the level of carelessness was low range and a penalty in line with that would be appropriate.

Ms Burdan advised that any proposed suspension could start immediately.

Mr Harris said Ms Burdan has a good record.

Reasons for Penalty:

The Committee considered all the evidence and submissions presented.

When reviewing the video footage, the Committee found that Ms Burdan permitted her mount to shift out 1 horse width when only ¾ of a length clear of TUTTA LA CLASSE. As a result, that runner had to be restrained and lost momentum close to the finish line. The Committee deemed the level of carelessness displayed by Ms Burdan was low range.

The JCA Penalty Guide starting point for low range carelessness is 6 national riding days which was adopted.

The mitigating factors were Ms Burdan’s admission of the breach and her good record. For these collective factors Ms Burdan was afforded a 1-day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 5 national riding 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: a45c32f95899f3667c3346a6336d3fb9


informantnumber: A12918


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 15/03/2020


hearing_title: R Tauranga 14 March 2020 - R 5 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 5, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Ms Burdan allowed GRIFFIN to shift out over the concluding stages when not clear of TUTTA LA CLASSE which had to be steadied losing ground.

Ms Burdan said that she understood the Rule and confirmed her admission of the breach.

Mr N Harris assisted Ms Burdan 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 Coles demonstrated the incident using the available video footage. He identified that Ms Burdan allowed her mount to shift out 4 to 5 strides before the finish line. As a result, Mr Hashizume had to stop riding TUTTA LA CLASSE and this may have cost that runner 4th placing.

Ms Burdan said she accepted that her mount shifted out when not clear of TUTTA LA CLASSE close to the finish line. She added that she put her whip away before GRIFFIN shifted out.

Mr Harris said that GRIFFIN shifted out 1 horse width when not clear of TUTTA LA CLASSE. He added that Ms Burdan did not direct her mount out.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Burdan admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Jones said that Ms Burdan had 1 previous breach under this Rule in the last12 months. He noted that when GRIFFIN shifted out TUTTA LA CLASSE had to be restrained when it was clearly racing in 4th position. He said the level of carelessness was low range and a penalty in line with that would be appropriate.

Ms Burdan advised that any proposed suspension could start immediately.

Mr Harris said Ms Burdan has a good record.


reasonsforpenalty:

The Committee considered all the evidence and submissions presented.

When reviewing the video footage, the Committee found that Ms Burdan permitted her mount to shift out 1 horse width when only ¾ of a length clear of TUTTA LA CLASSE. As a result, that runner had to be restrained and lost momentum close to the finish line. The Committee deemed the level of carelessness displayed by Ms Burdan was low range.

The JCA Penalty Guide starting point for low range carelessness is 6 national riding days which was adopted.

The mitigating factors were Ms Burdan’s admission of the breach and her good record. For these collective factors Ms Burdan was afforded a 1-day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 5 national riding days.


penalty:

Accordingly, Ms Burdan had her license to ride in races suspended for a period to commence after racing on 14 March and conclude after racing on 22 March 2020.

The 15 March race meeting at Woodville was not included in the penalty because the declaration of riders had already closed.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Ms C Burdan - Apprentice Rider


Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: c163e649cc0f564e23ea11715b56daab


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


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meetid: 4a1e1f9b436cb2c54f86efc2b69023db


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meet_noreport: 0


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meetdate: 14/03/2020


meet_title: Racing Tauranga - 14 March 2020


meet_expappcomment:


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tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Racing Tauranga