Riverton RC 19 April 2014 – R 5 (heard 21 April 2014 at Riverton)
ID: JCA10978
Code:
Thoroughbred
Meet Title:
Riverton RC - 19 April 2014
Meet Chair:
NSkelt
Meet Committee Member 1:
PKnowles
Race Date:
2014/04/19
Race Number:
R 5
Decision:
Mr Doherty had admitted the charge and the breach was found proved.
Penalty:
Mr Doherty is fined $250 and reminded of his obligations under the Rules of Thoroughbred Racing.
Facts:
The information was laid pursuant to Rule 601 as the breach of the rules occurred on the first day of the meeting held on the 19th April, 2014. Following the running of Race 5, the WORLD SOLAR & RUTLEDGE TRADE GROUP HDCP, an information was filed by Stipendiary Steward, Mr N McIntyre, against Licensed Senior Jockey, Mr R Doherty, alleging a breach of Rule 340 in that... R Doherty misconducted himself by pointing and waving his whip at another rider...
Mr Doherty was present at the hearing and indicated that he admitted the breach.
Rule 340 reads as follows:
A Licensed Person, Owner, Lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.
Evidence
Mr McIntyre stated that after the Stewards reviewed all video footage of the previous days racing their attention was drawn to Mr Doherty’s (Strike Up The Band) conduct after the finish of the race. They observed that Mr Doherty had pointed and waved his whip in the direction of fellow jockey Mr P Shaikh (Mahbeer). He stated the video of the incident was very brief but the gesture with the whip had been broadcast throughout New Zealand and Australia and brought the industry in New Zealand into a bad light. He said there was no allegation of striking another rider with the whip.
Mr Doherty stated he had been frustrated by the riding of Mr Shaikh during the running and had pointed his stick at Mr Shaikh merely to gain his attention. He said Mr Shaikh had taken his line prior to the 800m mark and had ridden erratically during the running.
The committee viewed the incident at the 800m mark but the video evidence had not been clear and was of no assistance to the committee.
Submissions for Penalty:
Mr McIntyre stated the image of the industry had to be maintained. There was no intention to strike Mr Shaikh but Mr Doherty should not have waved his whip. He believed the breach was in the mid range level and sought a fine between $300 and $500.
Mr Doherty stated other jockeys in the past had received a warning from the Stewards. He had pointed his whip at Mr Shaikh to gain his attention and no more. He made no specific submissions on a penalty.
Reasons for Penalty:
The committee took a starting point at the mid range of the Stewards submission. There was no allegation of striking another jockey and the video evidence produced of the incident was very brief. Mr Doherty was given credit for his early admission of the breach and that he had been fully cooperative with the Stewards and the committee. A fine at the lower end of the scale is appropriate.
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: 0fbf0ff5b748486b5cf4d1a6f84f34af
informantnumber: A3857
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Misconduct
plea: admitted
penaltyrequired: 1
decisiondate: 20/04/2014
hearing_title: Riverton RC 19 April 2014 - R 5 (heard 21 April 2014 at Riverton)
charge:
facts:
The information was laid pursuant to Rule 601 as the breach of the rules occurred on the first day of the meeting held on the 19th April, 2014. Following the running of Race 5, the WORLD SOLAR & RUTLEDGE TRADE GROUP HDCP, an information was filed by Stipendiary Steward, Mr N McIntyre, against Licensed Senior Jockey, Mr R Doherty, alleging a breach of Rule 340 in that... R Doherty misconducted himself by pointing and waving his whip at another rider...
Mr Doherty was present at the hearing and indicated that he admitted the breach.
Rule 340 reads as follows:
A Licensed Person, Owner, Lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.
Evidence
Mr McIntyre stated that after the Stewards reviewed all video footage of the previous days racing their attention was drawn to Mr Doherty’s (Strike Up The Band) conduct after the finish of the race. They observed that Mr Doherty had pointed and waved his whip in the direction of fellow jockey Mr P Shaikh (Mahbeer). He stated the video of the incident was very brief but the gesture with the whip had been broadcast throughout New Zealand and Australia and brought the industry in New Zealand into a bad light. He said there was no allegation of striking another rider with the whip.
Mr Doherty stated he had been frustrated by the riding of Mr Shaikh during the running and had pointed his stick at Mr Shaikh merely to gain his attention. He said Mr Shaikh had taken his line prior to the 800m mark and had ridden erratically during the running.
The committee viewed the incident at the 800m mark but the video evidence had not been clear and was of no assistance to the committee.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Doherty had admitted the charge and the breach was found proved.
sumissionsforpenalty:
Mr McIntyre stated the image of the industry had to be maintained. There was no intention to strike Mr Shaikh but Mr Doherty should not have waved his whip. He believed the breach was in the mid range level and sought a fine between $300 and $500.
Mr Doherty stated other jockeys in the past had received a warning from the Stewards. He had pointed his whip at Mr Shaikh to gain his attention and no more. He made no specific submissions on a penalty.
reasonsforpenalty:
The committee took a starting point at the mid range of the Stewards submission. There was no allegation of striking another jockey and the video evidence produced of the incident was very brief. Mr Doherty was given credit for his early admission of the breach and that he had been fully cooperative with the Stewards and the committee. A fine at the lower end of the scale is appropriate.
penalty:
Mr Doherty is fined $250 and reminded of his obligations under the Rules of Thoroughbred Racing.
hearing_type: Hearing
Rules: 340
Informant: Mr N McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr R Doherty - Senior Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cd9af7861b3be0d237a299bedb75808c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6687e61d7346d4c12de8776ea3dc6a23
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/04/2014
meet_title: Riverton RC - 19 April 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: riverton-rc
meet_racingtype: thoroughbred-racing
meet_chair: NSkelt
meet_pm1: PKnowles
meet_pm2: none
name: Riverton RC