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R Tauranga 15 November 2014 – R 1

ID: JCA13796

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mrs L Satherley Class A rider, rider of EZRA

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
6599

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638 (1) (d), The rule reads as follows: a rider shall not ride a horse in a manner which the judicial committee considers to be careless.

Plea:
denied

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 15 November 2014

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2014/11/15

Race Number:
R1

Decision:

Accordingly after taking all the above into account we find the charge proved.

Penalty:

Accordingly, and after taking the standard five days as a starting point, we find a four day suspension is appropriate on this occasion.  Under the provisions of rule 1106 (2) we grant Mrs Satherley a deferment of her suspension which is to start after racing on 22 November and conclude after racing on 28 November 2014.  These days include Te Rapa on 23  November, Te Aroha on 26 November, Waipa 27 November and Otaki 28 November 2014.

Facts:

Following race 1 the Mills Reef Winery and Restaurant 1600 an information was filed pursuant to rule 638(1)(d). The informant Mr J Oatham alleged that Mrs L Satherley permitted her mount EZRA to shift outwards near the 150 metres when not sufficiently clear and resulting in interference to OUR MYSTERE, MORENA, FOOTSIE and REBISHA which was checked.

Submissions for Decision:

Mr Coles demonstrated the video films and pointed out EZRA with OUR MYSTERE racing directly on its outside. He said it was quite clear there was no run available for Mrs Satherley  to her outside. Mr Coles stated she rode her mount forward and came out 3 horse widths. He conceded she did stop riding forward for a few strides but it was too late. He said this resulted in 4 runners on her outside receiving checks of various degrees. The worst affected was REBISHA (M Dee) who had to be firmly restrained.

In answer to a question from the committee Mr Coles said EZRA was almost on terms with OUR MYSTERE or maybe a neck ahead when Mrs Satherley commenced her outward movement.

Mrs Satherley asked Mr Coles if Miss Collett's mount had shied away from her mount. He responded by saying no.

Mrs Satherley then called Miss Collett as a witness. Miss Collett said there was no contact between her mount, OUR MYSTERE and EZRA. She conceded her horse was tiring at the time and it shied away from EZRA when that horse came out. 

Mr Oatham asked Miss Collett if there was a run available for Mrs Satherley at the 150 metre mark.  She replied it appeared on the films as though there wasn't.  Miss Collett concluded by saying her mount only shifted out after Mrs Satherley had moved into her line.

Mrs Satherley identified on the side on film that in her opinion there was room for her to come out albeit to a marginal degree.  She said EZRA had run out after she gave her a backhander and said OUR MYSTERE had run away from her mount.  She concluded by saying OUR MYSTERE was tiring before she moved out.

Mr Oatham summed up by saying the films were quite clear.  There was not sufficient room for Mrs Satherley to move out without causing interference.  He conceded Miss Collett's mount does react to EZRA'S outward movement but he emphasised Mrs Satherley was not entitled to make that initial outward movement.  He concluded by saying Mrs Satherley pulled the whip resulting in her mount shifting out two horse widths.  He added Mrs Satherley only stopped riding briefly and the entire shift was one of six horse widths.  He said if she had not moved out there would not have been any interference.

Mrs Satherley summed up by saying MORENA had contributed to the interference by its rider, Mr Jones, taking marginal runs.  

Reasons for Decision:

The committee carefully considered all the evidence and reviewed the video films.  Having done so the committee is clearly satisfied that Mrs Satherley was not entitled to shift out when she did as she was not the required distance clear of OUR MYSTERE.  This was supported by evidence from the stewards and Miss Collett and confirmed on the video films.   Also relevant is that EZRA was on level terms with OUR MYSTERE when Mrs Satherley angled her out.

Submissions for Penalty:

Mr Oatham told the committee that Mrs Satherley had a clear record for the preceding twelve months.  He submitted that in this case Mrs Satherley's carelessness was midrange as the outward movement went on for some time and covered six horse widths. 

Mrs Satherley said she had commitments up to and including 22 November.  She believed there were contributing factors and her carelessness was minimal.

Reasons for Penalty:

In arriving at an appropriate penalty the committee considered the penalty submissions as presented.  The only mitigating factor in this charge is Miss Satherley's very good riding record.  However the aggravating fact remains that four horses received checks because Mrs Satherley had forced a run.  We consider the breach to be in the low to mid range.

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: 668c958fc8efe811a9c20192a723a7be


informantnumber: 6599


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: denied


penaltyrequired: 1


decisiondate: 12/11/2014


hearing_title: R Tauranga 15 November 2014 - R 1


charge:


facts:

Following race 1 the Mills Reef Winery and Restaurant 1600 an information was filed pursuant to rule 638(1)(d). The informant Mr J Oatham alleged that Mrs L Satherley permitted her mount EZRA to shift outwards near the 150 metres when not sufficiently clear and resulting in interference to OUR MYSTERE, MORENA, FOOTSIE and REBISHA which was checked.


appealdecision:


isappeal:


submissionsfordecision:

Mr Coles demonstrated the video films and pointed out EZRA with OUR MYSTERE racing directly on its outside. He said it was quite clear there was no run available for Mrs Satherley  to her outside. Mr Coles stated she rode her mount forward and came out 3 horse widths. He conceded she did stop riding forward for a few strides but it was too late. He said this resulted in 4 runners on her outside receiving checks of various degrees. The worst affected was REBISHA (M Dee) who had to be firmly restrained.

In answer to a question from the committee Mr Coles said EZRA was almost on terms with OUR MYSTERE or maybe a neck ahead when Mrs Satherley commenced her outward movement.

Mrs Satherley asked Mr Coles if Miss Collett's mount had shied away from her mount. He responded by saying no.

Mrs Satherley then called Miss Collett as a witness. Miss Collett said there was no contact between her mount, OUR MYSTERE and EZRA. She conceded her horse was tiring at the time and it shied away from EZRA when that horse came out. 

Mr Oatham asked Miss Collett if there was a run available for Mrs Satherley at the 150 metre mark.  She replied it appeared on the films as though there wasn't.  Miss Collett concluded by saying her mount only shifted out after Mrs Satherley had moved into her line.

Mrs Satherley identified on the side on film that in her opinion there was room for her to come out albeit to a marginal degree.  She said EZRA had run out after she gave her a backhander and said OUR MYSTERE had run away from her mount.  She concluded by saying OUR MYSTERE was tiring before she moved out.

Mr Oatham summed up by saying the films were quite clear.  There was not sufficient room for Mrs Satherley to move out without causing interference.  He conceded Miss Collett's mount does react to EZRA'S outward movement but he emphasised Mrs Satherley was not entitled to make that initial outward movement.  He concluded by saying Mrs Satherley pulled the whip resulting in her mount shifting out two horse widths.  He added Mrs Satherley only stopped riding briefly and the entire shift was one of six horse widths.  He said if she had not moved out there would not have been any interference.

Mrs Satherley summed up by saying MORENA had contributed to the interference by its rider, Mr Jones, taking marginal runs.  


reasonsfordecision:

The committee carefully considered all the evidence and reviewed the video films.  Having done so the committee is clearly satisfied that Mrs Satherley was not entitled to shift out when she did as she was not the required distance clear of OUR MYSTERE.  This was supported by evidence from the stewards and Miss Collett and confirmed on the video films.   Also relevant is that EZRA was on level terms with OUR MYSTERE when Mrs Satherley angled her out.


Decision:

Accordingly after taking all the above into account we find the charge proved.


sumissionsforpenalty:

Mr Oatham told the committee that Mrs Satherley had a clear record for the preceding twelve months.  He submitted that in this case Mrs Satherley's carelessness was midrange as the outward movement went on for some time and covered six horse widths. 

Mrs Satherley said she had commitments up to and including 22 November.  She believed there were contributing factors and her carelessness was minimal.


reasonsforpenalty:

In arriving at an appropriate penalty the committee considered the penalty submissions as presented.  The only mitigating factor in this charge is Miss Satherley's very good riding record.  However the aggravating fact remains that four horses received checks because Mrs Satherley had forced a run.  We consider the breach to be in the low to mid range.


penalty:

Accordingly, and after taking the standard five days as a starting point, we find a four day suspension is appropriate on this occasion.  Under the provisions of rule 1106 (2) we grant Mrs Satherley a deferment of her suspension which is to start after racing on 22 November and conclude after racing on 28 November 2014.  These days include Te Rapa on 23  November, Te Aroha on 26 November, Waipa 27 November and Otaki 28 November 2014.


hearing_type: Hearing


Rules: 638 (1) (d), The rule reads as follows: a rider shall not ride a horse in a manner which the judicial committee considers to be careless.


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mrs L Satherley Class A rider, rider of EZRA


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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meetdate: 15/11/2014


meet_title: Racing Tauranga - 15 November 2014


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tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


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name: Racing Tauranga