Archive Decision

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R Te Aroha 6 April 2019 – R 8 – Chair, Mr A Dooley

ID: JCA13138

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr M Coleman - Rider of SUPERA

Other Person:
Mr B Jones - Stipendiary Steward

Information Number:
A11508

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 6 April 2019

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2019/04/06

Race Number:
R8

Decision:

As Mr Coleman admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Mr Coleman had his license to ride in races suspended for a period to commence after racing on 7 April and conclude after racing on 22 April 2019.

Facts:

Following the running of race 8, Fibre Fresh NZ Thoroughbred Breeders Stakes (Group1), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Coleman allowed his mount SUPERA to shift out when not sufficiently clear of LE CASTILE which was dictated out crowding THE REAL BEEL which was checked near the 100 metres.

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

Mr Coleman said that he understood the Rule and confirmed that he admitted the breach.

Mr Jones demonstrated the incident using the available video footage. He said that passing the 200 metres Mr Coleman angled his mount out when no more than a bare length clear of LE CASTILE. When shifting out Mr Coleman continued to ride forward whilst using his whip. As a result LE CASTILE was crowded onto THE REAL BEEL who was endeavouring to take a run between LE CASTILE and LUVALUVA. He added as a consequence THE REAL BEEL ran out of room.

Mr Coleman accepted that he shifted out and closed the gap on THE REAL BEEL. However, he believed that LE CASTILE shifted away from SUPERA on its own accord. On that basis Mr Coleman submitted that he was not entirely at fault as LE CASTILE has contributed to the interference suffered by THE REAL BEEL. He added that he was committed to take the run on the outside of NICOLETTA prior to the interference occurring.

Submissions for Penalty:

Mr Oatham produced Mr Coleman’s record which showed 2 previous breaches under this Rule in the last 12 months. He said Mr Coleman has had 427 rides in the last 12 months. He said Mr Coleman’s record was good and described the level of carelessness as low to midrange. He said that SUPERA laid out near the 100 metres and proved a difficult ride. In conclusion Mr Oatham said the Committee must take into consideration that the carelessness occurred in a Group 1 race.

Mr Coleman advised that any proposed suspension could start after racing at Counties tomorrow. He said the level of carelessness was low range and submitted that there were some mitigating factors in the incident.

Reasons for Penalty:

The Committee considered all the evidence and submissions presented.

The Committee found that Mr Coleman permitted his mount to shift out 2 horse widths passing the 150 metres when ¾ of a length clear of LE CASTILE. Mr Coleman erred in striking SUPERA with the whip on 2 occasions when his mount was shifting outwards. As a result LE CASTILE was dictated out and crowded THE REAL BEEL who was checked. In mitigation the head on film showed that THE REAL BEEL was already being tightened for room between LE CASTILE and LUVALUVA prior to Mr Coleman shifting ground. Accordingly, the Committee accepts Mr Coleman’s submission on this point.

The Committee deemed the level of carelessness to be in the low to midrange.

The JCA Penalty Guide starting point for low to midrange is 7 days which was adopted.

Under the provisions of Rule 920(2) the aggravating factors were the incident occurred in a Group 1 with $200,000 stakes payable. For these collective factors a 3 day uplift in penalty was applied.

The mitigating factors were Mr Coleman’s admission of the breach and his good record. For these collective factors we afforded Mr Coleman a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 9 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: 481c57763716fd84414abb0b9ec28074


informantnumber: A11508


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 07/04/2019


hearing_title: R Te Aroha 6 April 2019 - R 8 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 8, Fibre Fresh NZ Thoroughbred Breeders Stakes (Group1), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Coleman allowed his mount SUPERA to shift out when not sufficiently clear of LE CASTILE which was dictated out crowding THE REAL BEEL which was checked near the 100 metres.

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

Mr Coleman said that he understood the Rule and confirmed that he admitted the breach.

Mr Jones demonstrated the incident using the available video footage. He said that passing the 200 metres Mr Coleman angled his mount out when no more than a bare length clear of LE CASTILE. When shifting out Mr Coleman continued to ride forward whilst using his whip. As a result LE CASTILE was crowded onto THE REAL BEEL who was endeavouring to take a run between LE CASTILE and LUVALUVA. He added as a consequence THE REAL BEEL ran out of room.

Mr Coleman accepted that he shifted out and closed the gap on THE REAL BEEL. However, he believed that LE CASTILE shifted away from SUPERA on its own accord. On that basis Mr Coleman submitted that he was not entirely at fault as LE CASTILE has contributed to the interference suffered by THE REAL BEEL. He added that he was committed to take the run on the outside of NICOLETTA prior to the interference occurring.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Coleman admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Coleman’s record which showed 2 previous breaches under this Rule in the last 12 months. He said Mr Coleman has had 427 rides in the last 12 months. He said Mr Coleman’s record was good and described the level of carelessness as low to midrange. He said that SUPERA laid out near the 100 metres and proved a difficult ride. In conclusion Mr Oatham said the Committee must take into consideration that the carelessness occurred in a Group 1 race.

Mr Coleman advised that any proposed suspension could start after racing at Counties tomorrow. He said the level of carelessness was low range and submitted that there were some mitigating factors in the incident.


reasonsforpenalty:

The Committee considered all the evidence and submissions presented.

The Committee found that Mr Coleman permitted his mount to shift out 2 horse widths passing the 150 metres when ¾ of a length clear of LE CASTILE. Mr Coleman erred in striking SUPERA with the whip on 2 occasions when his mount was shifting outwards. As a result LE CASTILE was dictated out and crowded THE REAL BEEL who was checked. In mitigation the head on film showed that THE REAL BEEL was already being tightened for room between LE CASTILE and LUVALUVA prior to Mr Coleman shifting ground. Accordingly, the Committee accepts Mr Coleman’s submission on this point.

The Committee deemed the level of carelessness to be in the low to midrange.

The JCA Penalty Guide starting point for low to midrange is 7 days which was adopted.

Under the provisions of Rule 920(2) the aggravating factors were the incident occurred in a Group 1 with $200,000 stakes payable. For these collective factors a 3 day uplift in penalty was applied.

The mitigating factors were Mr Coleman’s admission of the breach and his good record. For these collective factors we afforded Mr Coleman a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 9 national riding days.


penalty:

Accordingly, Mr Coleman had his license to ride in races suspended for a period to commence after racing on 7 April and conclude after racing on 22 April 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr M Coleman - Rider of SUPERA


Otherperson: Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 5f9f4af88e4b73972b505d0109812a6a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9c994ffdb0c4187085850ba46b2acb76


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/04/2019


meet_title: Racing Te Aroha - 6 April 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Racing Te Aroha