Archive Decision

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R Te Aroha 27 September 2013 – R 3

ID: JCA11466

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Ms R Smyth - Licensed Apprentice Rider, Mr S Wenn - Licensed trainer assisting Ms Smyth

Other Person:
Mr W Robinson - Stipendiary Steward

Information Number:
A5660

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 27 September 2013

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2013/09/27

Race Number:
R3

Decision:

As Ms Smyth admitted the breach we find the charge proved.

Penalty:

We grant Ms Smyth's request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Ms Smyth which will commence after racing on October 2 and conclude after racing on October 6 (4 days).

Charge:

Following race 3, Shackell Electrical, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Williamson, alleged that near the 1350 metres Ms R Smyth allowed her mount MRS BROWNS BOY to shift in, dictating I GOTTA HUNCH (M Coleman) into the line of TRAPPED AGAIN (D Johnson) which was checked.

Ms Smyth acknowledged that she understood the nature of the charge and the Rule.

Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Facts:

Ms Symth admitted the breach and was assisted at the hearing by Mr S Wenn.

Mr Robinson identified that 50 metres after the start Ms Smyth angled her mount in on an acute angle. In doing so she was only a bare length clear which dictated I GOTTA HUNCH into the rightful running line of TRAPPED AGAIN who was checked and lost approximately 2 lengths.

He said Ms Smyth did pull her mount off I GOTTA HUNCH but it was too late.

Ms Smyth acknowledged that she moved in on a sharp angle which caused interference to horses on her inside. She advised us that when Mr Coleman called out she relieved the pressure.

Mr Wenn asked the Committee to take into account Ms Smyth is an apprentice rider and she did take corrective action although it was too late.

Submissions for Penalty:

Mr Williamson produced Ms Smyth's record which showed no previous breaches under this Rule in the last 12 months. He said Ms Johnson's mount received a significant check when Ms Smyth shifted in abruptly. He assessed the incident as low to mid range and a penalty in line with that would be appropriate.

Ms Smyth advised that she had upcoming commitments at Ruakaka on October 2, and that any period of suspension could commence after that. She also submitted she had a very good record and rode in the North Island.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Ms Smyth's admission of the breach and her very good record in relation to this Rule. The aggravating fact is Ms Johnson received a sharp check which resulted in her mount losing 2 lengths. We assessed the level of carelessness in the low to mid range.

After taking into account all the above factors we consider an appropriate penalty is a 4 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: 20d7353b6b8fb1d8fb3564a5deb61ea4


informantnumber: A5660


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/09/2013


hearing_title: R Te Aroha 27 September 2013 - R 3


charge:

Following race 3, Shackell Electrical, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Williamson, alleged that near the 1350 metres Ms R Smyth allowed her mount MRS BROWNS BOY to shift in, dictating I GOTTA HUNCH (M Coleman) into the line of TRAPPED AGAIN (D Johnson) which was checked.

Ms Smyth acknowledged that she understood the nature of the charge and the Rule.

Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.


facts:

Ms Symth admitted the breach and was assisted at the hearing by Mr S Wenn.

Mr Robinson identified that 50 metres after the start Ms Smyth angled her mount in on an acute angle. In doing so she was only a bare length clear which dictated I GOTTA HUNCH into the rightful running line of TRAPPED AGAIN who was checked and lost approximately 2 lengths.

He said Ms Smyth did pull her mount off I GOTTA HUNCH but it was too late.

Ms Smyth acknowledged that she moved in on a sharp angle which caused interference to horses on her inside. She advised us that when Mr Coleman called out she relieved the pressure.

Mr Wenn asked the Committee to take into account Ms Smyth is an apprentice rider and she did take corrective action although it was too late.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Smyth admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Williamson produced Ms Smyth's record which showed no previous breaches under this Rule in the last 12 months. He said Ms Johnson's mount received a significant check when Ms Smyth shifted in abruptly. He assessed the incident as low to mid range and a penalty in line with that would be appropriate.

Ms Smyth advised that she had upcoming commitments at Ruakaka on October 2, and that any period of suspension could commence after that. She also submitted she had a very good record and rode in the North Island.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Ms Smyth's admission of the breach and her very good record in relation to this Rule. The aggravating fact is Ms Johnson received a sharp check which resulted in her mount losing 2 lengths. We assessed the level of carelessness in the low to mid range.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.


penalty:

We grant Ms Smyth's request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Ms Smyth which will commence after racing on October 2 and conclude after racing on October 6 (4 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Ms R Smyth - Licensed Apprentice Rider, Mr S Wenn - Licensed trainer assisting Ms Smyth


Otherperson: Mr W Robinson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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race_title: R3


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meetdate: 27/09/2013


meet_title: Racing Te Aroha - 27 September 2013


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meet_racingtype: thoroughbred-racing


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name: Racing Te Aroha