Racing Te Aroha – 15 April 2009 – Race 3
ID: JCA22066
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Racing Te Aroha - 15 April 2009
Race Date:
2009/04/15
Race Number:
Race 3
Decision:
Following Race 3 an Information was filed pursuant to Rule 871 (1) (D). The Informant Mr J Oatham alleged that Mr J McDonald permitted his mount ‘She Rules’ to shift outwards near the 400 metres when not sufficiently clear of LOREN (K Hercock) who was forced on to ALAPIA(T Thornton)who were both severely buffeted. Mr McDonald did not admit the breach and was represented by his employer, Mr B McDonald.
--
Following Race 3 an Information was filed pursuant to Rule 871 (1) (D). The Informant Mr J Oatham alleged that Mr J McDonald permitted his mount ‘She Rules’ to shift outwards near the 400 metres when not sufficiently clear of LOREN (K Hercock) who was forced on to ALAPIA(T Thornton)who were both severely buffeted. Mr McDonald did not admit the breach and was represented by his employer, Mr B McDonald.
--Mr Williamson demonstrated the video films which clearly showed that approaching the 400 metres Mr J McDonald was racing 2 off the rail and directly behind PHENOMENAL (C Grylls). Mr Williamson said at this stage there was no run ahead available for Mr McDonald. He said Mr McDonald had created his own luck and angled his mount out for a run creating pressure on to LOREN who in turn put pressure on to ALAPIA. He said both these horses were severely buffeted.
--Mrs T Thornton, rider of ALAPIA was called to give evidence. She said she was racing 3 wide at the 400 metre mark when she was buffeted for approximately 3 strides by LOREN (K Hercock) who was on her inside.
--Miss K Hercock, rider of LOREN was then called to give evidence. She said that, shortly after the corner, Mr McDonald, who was ½ to ¾ of a length ahead of her, angled out and pushed her onto ALAPIA (T Thornton). She said she had nowhere else to go and if she had not taken a hold would have clipped heels. Miss Hercock made the comment that she was aware Mr McDonald had been trying to get out from behind PHENOMENAL for some time prior to the interference.
--Mr B McDonald said that James had come from behind Miss Hercock to take the gap and that Mr Grylls who was ahead of him had moved out slightly making the gap tight. He said that both Mrs Thornton and Miss Hercock tried to hold James in as any good riders would. He believed it was competitive riding on James’ part and the interference was minimal.
--Mr Oatham, in summing up, said the films clearly showed Mr J McDonald was racing 2 off the rail and behind Mr Grylls at the 400 metre mark. Mr McDonald then elected to go for ½ a gap which he was not entitled to. Through his angling out he ended up 3 off the rail and in doing so caused severe jostling to 2 horses for several strides. Mr Oatham said Mr McDonald was never the required distance clear of Miss Hercock when angling out.
--DECISION
--The Committee carefully considered all evidence and reviewed the video films. We are clearly satisfied that Mr McDonald forced a run out at the 400 metres when not the required distance clear of ‘Loren’ (K Hercock). Accordingly we find the charge proven.
--PENALTY SUBMISSIONS
----
Mr Oatham produced Mr McDonald’s record which showed 3 suspensions in the last 12 months which he said was a good record for someone who has as many rides as Mr McDonald. However he said in this case Mr McDonald had forced a run with resultant quite severe interference to 2 horses. He submitted a suspension of 5 – 6 days would be appropriate.
--Mr B McDonald repeated his opinion that the interference was minimal and James had commitments for 18 April 09.
--PENALTY
--The Committee carefully considered all evidence and submissions and before imposing a penalty took into account Mr McDonald’s riding record. However these factors have to be weighed against the interference caused by Mr McDonald today. We are satisfied that Mr McDonald was blatantly careless by forcing a run and taking a gap which he was not entitled to. In this case there are no mitigating factors in Mr McDonald’s favour. We also place importance on the evidence of Miss Hercock and Mrs T Thornton who were both forthright in describing the interference they had received.
--Accordingly we impose a suspension on Mr McDonald for riding in races to commence after racing on 18 April 09 and conclude after racing on 29 April 09 (6 days).
--
Richard Seabrook
Chair
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: bc4e3d6671e784d511c9671b7487b99e
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 15/04/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Racing Te Aroha - 15 April 2009 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following Race 3 an Information was filed pursuant to Rule 871 (1) (D). The Informant Mr J Oatham alleged that Mr J McDonald permitted his mount ‘She Rules’ to shift outwards near the 400 metres when not sufficiently clear of LOREN (K Hercock) who was forced on to ALAPIA(T Thornton)who were both severely buffeted. Mr McDonald did not admit the breach and was represented by his employer, Mr B McDonald.
--
Following Race 3 an Information was filed pursuant to Rule 871 (1) (D). The Informant Mr J Oatham alleged that Mr J McDonald permitted his mount ‘She Rules’ to shift outwards near the 400 metres when not sufficiently clear of LOREN (K Hercock) who was forced on to ALAPIA(T Thornton)who were both severely buffeted. Mr McDonald did not admit the breach and was represented by his employer, Mr B McDonald.
--Mr Williamson demonstrated the video films which clearly showed that approaching the 400 metres Mr J McDonald was racing 2 off the rail and directly behind PHENOMENAL (C Grylls). Mr Williamson said at this stage there was no run ahead available for Mr McDonald. He said Mr McDonald had created his own luck and angled his mount out for a run creating pressure on to LOREN who in turn put pressure on to ALAPIA. He said both these horses were severely buffeted.
--Mrs T Thornton, rider of ALAPIA was called to give evidence. She said she was racing 3 wide at the 400 metre mark when she was buffeted for approximately 3 strides by LOREN (K Hercock) who was on her inside.
--Miss K Hercock, rider of LOREN was then called to give evidence. She said that, shortly after the corner, Mr McDonald, who was ½ to ¾ of a length ahead of her, angled out and pushed her onto ALAPIA (T Thornton). She said she had nowhere else to go and if she had not taken a hold would have clipped heels. Miss Hercock made the comment that she was aware Mr McDonald had been trying to get out from behind PHENOMENAL for some time prior to the interference.
--Mr B McDonald said that James had come from behind Miss Hercock to take the gap and that Mr Grylls who was ahead of him had moved out slightly making the gap tight. He said that both Mrs Thornton and Miss Hercock tried to hold James in as any good riders would. He believed it was competitive riding on James’ part and the interference was minimal.
--Mr Oatham, in summing up, said the films clearly showed Mr J McDonald was racing 2 off the rail and behind Mr Grylls at the 400 metre mark. Mr McDonald then elected to go for ½ a gap which he was not entitled to. Through his angling out he ended up 3 off the rail and in doing so caused severe jostling to 2 horses for several strides. Mr Oatham said Mr McDonald was never the required distance clear of Miss Hercock when angling out.
--DECISION
--The Committee carefully considered all evidence and reviewed the video films. We are clearly satisfied that Mr McDonald forced a run out at the 400 metres when not the required distance clear of ‘Loren’ (K Hercock). Accordingly we find the charge proven.
--PENALTY SUBMISSIONS
----
Mr Oatham produced Mr McDonald’s record which showed 3 suspensions in the last 12 months which he said was a good record for someone who has as many rides as Mr McDonald. However he said in this case Mr McDonald had forced a run with resultant quite severe interference to 2 horses. He submitted a suspension of 5 – 6 days would be appropriate.
--Mr B McDonald repeated his opinion that the interference was minimal and James had commitments for 18 April 09.
--PENALTY
--The Committee carefully considered all evidence and submissions and before imposing a penalty took into account Mr McDonald’s riding record. However these factors have to be weighed against the interference caused by Mr McDonald today. We are satisfied that Mr McDonald was blatantly careless by forcing a run and taking a gap which he was not entitled to. In this case there are no mitigating factors in Mr McDonald’s favour. We also place importance on the evidence of Miss Hercock and Mrs T Thornton who were both forthright in describing the interference they had received.
--Accordingly we impose a suspension on Mr McDonald for riding in races to commence after racing on 18 April 09 and conclude after racing on 29 April 09 (6 days).
--
Richard Seabrook
Chair
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 871.1.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 80432b62a980605a11ce967d834dd581
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race_title: Race 3
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meetdate: 15/04/2009
meet_title: Racing Te Aroha - 15 April 2009
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