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Rotorua-BOP HC 14 September 2014 – R 6

ID: JCA12765

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mr M.Roustoby-Amateur Rider

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A6594

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Rotorua-BOP HC - 14 September 2014

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2014/09/14

Race Number:
R6

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Mr Roustoby is therefore suspended from riding in amateur races for one day, commencing after racing on 14 September and finishing after racing  on 28 September 2014.

Facts:

Following the running of Race 6, the BURTON CONSTRUCTION LTD-FLAIR AMATEUR SERIES 1950, an information was lodged by Stipendiary Steward Mr J Oatham alleging that Amateur Rider Mr M Roustoby allowed his mount to shift inwards near the 1700 metres mark dictating NGATIRA GOLD (H Cushing) inwards which crowded PREFONTAINE causing that horse to be checked and lose ground. 

Mr Roustoby was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.

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

Using the available video films Mr Coles identified ARAKI ridden by Mr Roustoby shortly after the start; ARAKI had started from the outside barrier of 11 horses and there is a short run from that starting point to the first bend. Mr Coles told the Committee that Mr Roustoby had made a fairly severe inwards movement and had forced NGATIRA GOLD, racing inside him, onto PREFONTAINE which had to be checked causing it to lose a reasonable amount of ground. Mr Coles pointed out that Mr Roustoby's mount was barely a 1/2 length clear of NGATIRA GOLD when he shifted in and the interference caused was clearly seen. He added that it was clearly an error of judgement on Mr Roustoby's part.

Mr Roustoby stated that the incident was self-explanatory, and that he had not seen PREFONTAINE as it was in his 'blind spot'.

Submissions for Penalty:

Mr Oatham told the Committee that assessing penalties for Amateur Riders was often difficult as they rode in races for sport and not financial gain. He said that Mr Roustoby had a clear record in respect of breaches of this Rule, and that the Stewards assessed the incident to be at the middle range on the scale of seriousness. He added that Mr Roustoby had caused a sharp check to NGATIRA GOLD which had clipped heels as a result. He asked the Committee to take into account Mr Roustoby's admission of the breach and that he had co-operated fully with the Stewards.

Mr Oatham pointed out that there was only one further opportunity for Mr Roustoby to ride in an amateur riders race this season. He asked that the Committee consider a fine of $250 handed down to rider 'W' in similar circumstances, however in that case it was in the final race of the year. In another race rider 'V' was handed a 2 day suspension for a similar breach. Mr Oatham submitted that if the Committee was to consider a fine in this instance the Stewards felt between $200-$250 would be an appropriate penalty.

Mr Roustoby told the Committee he had been riding as an amateur for 4 seasons and had had approximately 29 rides in that time. He added that he simply didn't see the horse most affected by the incident and that he had no intent to interfere with it. He added that it was an error of judgement  on his part. In response to a question from the Committee Mr Roustoby stated that he did not have a confirmed ride in the last race of the season which was approximately 2 weeks away.

Reasons for Penalty:

The Committee considered the submissions by both parties and accepted that Mr Roustoby had a good record as an amateur rider over 4 seasons with no previous breaches of this Rule. We acknowledge his admission of this breach and that he co-operated with Stewards from the outset. 

Balanced against those factors is that 2 horses were inconvenienced with one clipping heels as a result of Mr Roustoby's carelessness. The incident fell into mid-range on the scale of seriousness.

The starting point for a breach of this Rule by an amateur rider is a 2 day suspension. Given the mitigating factors in Mr Roustoby's favour we have reduced that to a suspension of 1 day. We do not believe a fine is appropriate on this occasion.

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: 560384fb6b7e65b88cb1cb52adefc8c4


informantnumber: A6594


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 28/08/2014


hearing_title: Rotorua-BOP HC 14 September 2014 - R 6


charge:


facts:

Following the running of Race 6, the BURTON CONSTRUCTION LTD-FLAIR AMATEUR SERIES 1950, an information was lodged by Stipendiary Steward Mr J Oatham alleging that Amateur Rider Mr M Roustoby allowed his mount to shift inwards near the 1700 metres mark dictating NGATIRA GOLD (H Cushing) inwards which crowded PREFONTAINE causing that horse to be checked and lose ground. 

Mr Roustoby was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.

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

Using the available video films Mr Coles identified ARAKI ridden by Mr Roustoby shortly after the start; ARAKI had started from the outside barrier of 11 horses and there is a short run from that starting point to the first bend. Mr Coles told the Committee that Mr Roustoby had made a fairly severe inwards movement and had forced NGATIRA GOLD, racing inside him, onto PREFONTAINE which had to be checked causing it to lose a reasonable amount of ground. Mr Coles pointed out that Mr Roustoby's mount was barely a 1/2 length clear of NGATIRA GOLD when he shifted in and the interference caused was clearly seen. He added that it was clearly an error of judgement on Mr Roustoby's part.

Mr Roustoby stated that the incident was self-explanatory, and that he had not seen PREFONTAINE as it was in his 'blind spot'.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham told the Committee that assessing penalties for Amateur Riders was often difficult as they rode in races for sport and not financial gain. He said that Mr Roustoby had a clear record in respect of breaches of this Rule, and that the Stewards assessed the incident to be at the middle range on the scale of seriousness. He added that Mr Roustoby had caused a sharp check to NGATIRA GOLD which had clipped heels as a result. He asked the Committee to take into account Mr Roustoby's admission of the breach and that he had co-operated fully with the Stewards.

Mr Oatham pointed out that there was only one further opportunity for Mr Roustoby to ride in an amateur riders race this season. He asked that the Committee consider a fine of $250 handed down to rider 'W' in similar circumstances, however in that case it was in the final race of the year. In another race rider 'V' was handed a 2 day suspension for a similar breach. Mr Oatham submitted that if the Committee was to consider a fine in this instance the Stewards felt between $200-$250 would be an appropriate penalty.

Mr Roustoby told the Committee he had been riding as an amateur for 4 seasons and had had approximately 29 rides in that time. He added that he simply didn't see the horse most affected by the incident and that he had no intent to interfere with it. He added that it was an error of judgement  on his part. In response to a question from the Committee Mr Roustoby stated that he did not have a confirmed ride in the last race of the season which was approximately 2 weeks away.


reasonsforpenalty:

The Committee considered the submissions by both parties and accepted that Mr Roustoby had a good record as an amateur rider over 4 seasons with no previous breaches of this Rule. We acknowledge his admission of this breach and that he co-operated with Stewards from the outset. 

Balanced against those factors is that 2 horses were inconvenienced with one clipping heels as a result of Mr Roustoby's carelessness. The incident fell into mid-range on the scale of seriousness.

The starting point for a breach of this Rule by an amateur rider is a 2 day suspension. Given the mitigating factors in Mr Roustoby's favour we have reduced that to a suspension of 1 day. We do not believe a fine is appropriate on this occasion.


penalty:

Mr Roustoby is therefore suspended from riding in amateur races for one day, commencing after racing on 14 September and finishing after racing  on 28 September 2014.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mr M.Roustoby-Amateur Rider


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: eac121c56acf46678d49e64f9e2d90ce


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c55445fd79f17c5dc68882f50a46cea0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/09/2014


meet_title: Rotorua-BOP HC - 14 September 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rotorua-bop-hc


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Rotorua-BOP HC