South Canterbury RC – 12 September 2010 – R 9

hearingid: d1ce3576b87a40a02c7215c589bf8d91

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hearing_racingtype: thoroughbred-racing

startdate: 12/09/2010

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decisiondate: no date provided

hearing_title: South Canterbury RC - 12 September 2010 - R 9

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  M Davidson, Stipendiary Steward

Defendant:  D Stackhouse (Apprentice Jockey) accompanied by Mr TJ Hazlett, Licence Holder

Information No:  7492

Meeting:  South Canterbury Racing Club

Date:  12 September 2010

Venue:  Phar Lap Raceway, Washdyke

Race:  9

Rule No:  638(1)(d)

Judicial Committee:  KG Hales, Chairman - P Rosanowski, Committee Member

Plea:  Admitted

CHARGE:

It was alleged that D Stackhouse, the rider of “Stormy Mist” permitted his mount to shift out when not clear of “Hadlow” (K Williams) causing that horse to check.

Rule 638(1)(d) reads as follows:

“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d)        careless.”

THE FACTS:

When turning for home in Race 9, Mr Stackhouse, who was racing in a two-wide position, elected to make an outward movement.  He used the whip and when coming out, he took the racing line of Ms Williams’ mount, “Hadlow”.  As a result of his actions, it was necessary for Ms Williams to check her mount back.

Video evidence of the incident was presented by Mr J McLaughlin, and he demonstrated from the video evidence, that when Mr Stackhouse made his outward movement, he was not his own length and another length clear of Ms Williams’ mount , which had the consequential effect of Ms Williams having to check.  Mr McLaughlin stated that Mr Stackhouse’s mount may have been “lugging out”, to a degree.

Mr Stackhouse, together with Mr Hazlett, were invited to comment on the incident.  Their response was that the evidence shown on the video was clear, hence the reason for Mr Stackhouse’s immediate admission of the charge.

With Mr Stackhouse having admitted the charge, it is therefore deemed to be proved.

SUBMISSIONS ON PENALTY:

Mr Davidson advised the hearing that Mr Stackhouse is now a senior apprentice rider and is riding on a national basis.  He described him as being one of New Zealand’s leading apprentice riders.

He considered that the degree of carelessness was mid-range. 

He further advised the hearing that Mr Stackhouse had received 3 suspensions in the last 12 months, 2 days in February, 4 days in April and 3 days in July.

Mr Davidson considered that a suspension of 4 national riding days was appropriate.

In response, Mr Stackhouse said that he is a busy rider and that the 3 suspensions that he has received in the last 12 months have been the only charges that he has faced in his riding career to date.  He said that he is in the third year of riding. 

Mr Hazlett advised the Committee that if a suspension was to be imposed, then

Mr Stackhouse would like to apply for a 7 day deferment of the suspension penalty.  He said that he arranges rides for Mr Stackhouse, and that he has confirmed rides at Rotorua on Wednesday 15^th September, Winton on Friday 17^th September and Canterbury Jockey Club on Saturday 18^th September. 

He accordingly applied for a deferment on Mr Stackhouse’s behalf, until the conclusion of racing on Saturday 18^th September.

PENALTY:

On Race Day we delivered the following penalty decision.

“We have given careful consideration to the evidence.  In terms of culpability, it was not the most serious case of careless riding that we have heard.  Mr Davidson also conceded that Mr Stackhouse’s mount may have been “lugging out”.  Notwithstanding that, Mr Stackhouse was not his own length and another length clear when making his move, and caused a check to Ms Williams. 

Mr Davidson suggested the degree of carelessness was “medium range”.

Mr Davidson told us that Mr Stackhouse is a leading apprentice, is a busy national rider and has incurred 3 suspensions in the last 12 months.  He submitted that a 4 day suspension should be imposed.  We record that Mr Stackhouse, together with

Mr Hazlett, did not have any comment to make on the length of the suspension to be imposed.

It is our view that the starting point for determining a suspension period is 6 days.  Against that, however, we allow as mitigating factors:

·        Mr Stackhouse’s early admission of the charge.

·        His candid attitude in the hearing.

·        The fact that he is a busy national rider.

·        That the degree of carelessness was not in the high range.

Taking those factors into account, we can allow a 2 day discount.  We grant a deferment of the coming into effect of the period of suspension. 

Thus, the period of suspension will be for 4 days commencing at the conclusion of racing on Saturday 18^th September and finishing at the conclusion of racing on Friday 24^th September.  That will encompass meetings at Pukekohe on 19^th, Te Aroha on 22^nd, Otaki on 23^rd and Banks Peninsula on 24^th September.

For the record, we acknowledge that Mr Stackhouse is a national rider.  We also accept, without reservation, that Mr Stackhouse has riding engagements at Rotorua on Wednesday 15^th, Winton on 17^th and Canterbury Jockey Club on 18^th September.”

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hearing_type: Old Hearing

Rules: 638(1)(d)

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race_title: R 9

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meetdate: 12/09/2010

meet_title: South Canterbury RC - 12 September 2010

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name: South Canterbury RC