R Tauranga 5 February 2014 – R 3
ID: JCA16513
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 5 February 2014
Meet Chair:
ADooley
Race Date:
2014/02/05
Race Number:
R3
Decision:
As Mr Oliver admitted the breach I find the charge proved.
Penalty:
Accordingly, I impose a suspension on Mr Oliver which will commence after racing on 5 February and conclude after racing on 14 February 2014 (5 North Island days).
Facts:
Following the running of race 3, Mills Reef Winery & Restaurant 1400, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Oatham, alleged that passing the 250 metres Mr Oliver (ROGART) allowed his mount to shift out when not clear of MALCOLM (D Hain) and FIVEUNDRED (P Turner) who were both checked with MRS SIN, STAGE DOOR and ERNIE all being hampered.
Mr Oliver acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr McKeagg assisted Mr Oliver 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 Williamson identified on the video films approaching the 350 metres ROGART was racing adjacent to the rail. On his outside were MALCOLM, FIVEUNDRED, MRS SIN and back behind her was ERNIE. He showed when Mr Oliver slapped ROGART with the whip it had a tendency to shift off the fence by several horse widths. He said Mr Oliver did attempt to straighten his mount but ROGART moved out abruptly and severely checked MALCOLM, who in turn bumped FIVEUNDRED. He added that Mr Oliver made an error of judgement and should have stopped riding forward.
Mr Oliver advised that ROGART over reacted to being hit with the whip and had “got lost” when he was in the lead. He conceded ROGART drifted out inconveniencing several runners.
Mr McKeagg said ROGART was a strong horse that over reacted to being hit with the whip. He added Mr Oliver advised him ROGART needed blinkers on to help the horse concentrate.
Submissions for Penalty:
Mr Oatham produced Mr Oliver’s record which showed 1 previous breach under this Rule in the last 12 months. He said Mr Oliver has had a total of 180 race day rides and was still considered inexperienced. He said he was not unsympathetic to Mr Oliver as the racing manners of ROGART was a mitigating factor. He said Mr Oliver ought to be given credit for his admission of the breach. However, the aggravating factors were 5 horses received checks due to Mr Oliver’s carelessness and the interference resulted in a relegation. He described the level of carelessness as low but the consequences were high. Mr Oatham submitted a 4 or 5 day suspension would be appropriate.
Mr Oliver advised that he had no upcoming commitments and any proposed suspension could commence immediately.
Mr Oliver confirmed that he rode only in the North Island.
Reasons for Penalty:
I 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 Oliver’s admission of the breach and his good record in relation to this Rule. The aggravating factors are the consequences of Mr Oliver’s actions (mid – high range) resulted in a relegation and his carelessness affected several runners to various degrees.
After taking into account all the above factors I consider an appropriate penalty is a 5 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: be02a865ec3b6308779b894e2d127b67
informantnumber: A6551
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 22/01/2014
hearing_title: R Tauranga 5 February 2014 - R 3
charge:
facts:
Following the running of race 3, Mills Reef Winery & Restaurant 1400, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Oatham, alleged that passing the 250 metres Mr Oliver (ROGART) allowed his mount to shift out when not clear of MALCOLM (D Hain) and FIVEUNDRED (P Turner) who were both checked with MRS SIN, STAGE DOOR and ERNIE all being hampered.
Mr Oliver acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr McKeagg assisted Mr Oliver 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 Williamson identified on the video films approaching the 350 metres ROGART was racing adjacent to the rail. On his outside were MALCOLM, FIVEUNDRED, MRS SIN and back behind her was ERNIE. He showed when Mr Oliver slapped ROGART with the whip it had a tendency to shift off the fence by several horse widths. He said Mr Oliver did attempt to straighten his mount but ROGART moved out abruptly and severely checked MALCOLM, who in turn bumped FIVEUNDRED. He added that Mr Oliver made an error of judgement and should have stopped riding forward.
Mr Oliver advised that ROGART over reacted to being hit with the whip and had “got lost” when he was in the lead. He conceded ROGART drifted out inconveniencing several runners.
Mr McKeagg said ROGART was a strong horse that over reacted to being hit with the whip. He added Mr Oliver advised him ROGART needed blinkers on to help the horse concentrate.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Oliver admitted the breach I find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Oliver’s record which showed 1 previous breach under this Rule in the last 12 months. He said Mr Oliver has had a total of 180 race day rides and was still considered inexperienced. He said he was not unsympathetic to Mr Oliver as the racing manners of ROGART was a mitigating factor. He said Mr Oliver ought to be given credit for his admission of the breach. However, the aggravating factors were 5 horses received checks due to Mr Oliver’s carelessness and the interference resulted in a relegation. He described the level of carelessness as low but the consequences were high. Mr Oatham submitted a 4 or 5 day suspension would be appropriate.
Mr Oliver advised that he had no upcoming commitments and any proposed suspension could commence immediately.
Mr Oliver confirmed that he rode only in the North Island.
reasonsforpenalty:
I 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 Oliver’s admission of the breach and his good record in relation to this Rule. The aggravating factors are the consequences of Mr Oliver’s actions (mid – high range) resulted in a relegation and his carelessness affected several runners to various degrees.
After taking into account all the above factors I consider an appropriate penalty is a 5 day suspension.
penalty:
Accordingly, I impose a suspension on Mr Oliver which will commence after racing on 5 February and conclude after racing on 14 February 2014 (5 North Island days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr J Oliver - Licensed Apprentice Jockey
Otherperson: Mr M Williamson -Stipendiary Steward, Mr B McKeagg - assisting Mr Oliver
PersonPresent:
Respondent:
StipendSteward:
raceid: 3e66fb4ade604f67f53b92b4cb00c33b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eba89eb398cc1fced5ae1bc14f3e13dc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/02/2014
meet_title: Racing Tauranga - 5 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Tauranga