Archive Decision

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South Canterbury RC 16 June 2017 – R 7 – Chair, Mr D Anderson

ID: JCA11251

Applicant:
Mr M Davidson - Stipendiary Steward

Other Person:
Mr JM McLaughlin - Stipendiary Steward

Information Number:
A8617

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
South Canterbury RC - 16 June 2017

Meet Chair:
DAnderson

Meet Committee Member 1:
SChing

Race Date:
2017/06/16

Race Number:
R 7

Decision:

As Miss Barnes admitted the breach the charge was found proved.

Penalty:

Miss Barnes is suspended from the close of racing on Thursday 22 June 2017 to the close of racing Friday 30 June 2017 – this period of suspension encompasses the meetings at Riccarton (24 June 2017) and Dunedin (30 June 2017).

Facts:

Following the running of Race 7, the “NZB Insurance Pearl Series Mile R65“, an Information was filed by Stipendiary Steward, Mr M Davidson, against Licenced Jockey, Miss C Barnes in that “she allowed her mount ROYAL ROAD to shift inwards when not sufficiently clear dictating SHE ROCKS (R Bishop) inward, crowding and checking PENNY PERFECT (A Collett) passing the 1400 metres”.

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

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

(d) careless”

Miss Barnes had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss Barnes also agreed that she understood the charge and the Rule it was brought under.

Mr McLaughlin, gave evidence and used video coverage to show that approaching the 1400m Miss Barnes who was racing wide in mid-field and moving forward, allowed her mount to shift inwards across SHE ROCKS (R Bishop) when not her length and another length clear.

This pressure on Mr Bishop resulted in him being forced inward onto Miss Collett who had horses to her inside. Miss Collett then had to check back out of her rapidly diminishing racing room.

Mr Davidson said that this was clearly a misjudgement by Miss Barnes and had she rode forward for another two or three strides there would not have been a problem.

Miss Barnes agreed that she had misjudged her manoeuvre and should have improved forward a few more strides before shifting in.

Submissions for Penalty:

Mr Davidson said Miss Barnes has a very good record with no breaches of this rule in the last 12 months. His assessment of this breach was at the mid-range but asked the committee to consider a two-day suspension as a penalty with Miss Barnes’s good record and admission, which are mitigating factors.

Miss Barnes had no submissions to make on penalty other than to say she was riding forward but had made an error in crossing too early.

When deferment was discussed Miss Barnes said that she had commitments for Oamaru on the 22nd of this month and asked if her suspension could start after that date.

Reasons for Penalty:

In determining penalty, we have taken the JCA Penalty Guide starting point for a South Island rider, which is a 3-day suspension for a mid-range breach. There are no aggravating factors in this case to command uplift in penalty.

We found Miss Barnes’s last breach of this rule was over two years ago which is an outstanding record for a busy and successful rider. Taking the 3-day starting point for a mid-range breach of this rule, which the Committee assessed this breach as; we were able to afford Miss Barnes a discount for the mitigating factors in this case. This discount we set at 1 day.

We therefore determined that a 2-day suspension is an appropriate penalty in this case.

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: 1332f7f35ff1ec087b48186022775daf


informantnumber: A8617


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 18/06/2017


hearing_title: South Canterbury RC 16 June 2017 - R 7 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 7, the “NZB Insurance Pearl Series Mile R65“, an Information was filed by Stipendiary Steward, Mr M Davidson, against Licenced Jockey, Miss C Barnes in that “she allowed her mount ROYAL ROAD to shift inwards when not sufficiently clear dictating SHE ROCKS (R Bishop) inward, crowding and checking PENNY PERFECT (A Collett) passing the 1400 metres”.

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

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

(d) careless”

Miss Barnes had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss Barnes also agreed that she understood the charge and the Rule it was brought under.

Mr McLaughlin, gave evidence and used video coverage to show that approaching the 1400m Miss Barnes who was racing wide in mid-field and moving forward, allowed her mount to shift inwards across SHE ROCKS (R Bishop) when not her length and another length clear.

This pressure on Mr Bishop resulted in him being forced inward onto Miss Collett who had horses to her inside. Miss Collett then had to check back out of her rapidly diminishing racing room.

Mr Davidson said that this was clearly a misjudgement by Miss Barnes and had she rode forward for another two or three strides there would not have been a problem.

Miss Barnes agreed that she had misjudged her manoeuvre and should have improved forward a few more strides before shifting in.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Barnes admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Davidson said Miss Barnes has a very good record with no breaches of this rule in the last 12 months. His assessment of this breach was at the mid-range but asked the committee to consider a two-day suspension as a penalty with Miss Barnes’s good record and admission, which are mitigating factors.

Miss Barnes had no submissions to make on penalty other than to say she was riding forward but had made an error in crossing too early.

When deferment was discussed Miss Barnes said that she had commitments for Oamaru on the 22nd of this month and asked if her suspension could start after that date.


reasonsforpenalty:

In determining penalty, we have taken the JCA Penalty Guide starting point for a South Island rider, which is a 3-day suspension for a mid-range breach. There are no aggravating factors in this case to command uplift in penalty.

We found Miss Barnes’s last breach of this rule was over two years ago which is an outstanding record for a busy and successful rider. Taking the 3-day starting point for a mid-range breach of this rule, which the Committee assessed this breach as; we were able to afford Miss Barnes a discount for the mitigating factors in this case. This discount we set at 1 day.

We therefore determined that a 2-day suspension is an appropriate penalty in this case.


penalty:

Miss Barnes is suspended from the close of racing on Thursday 22 June 2017 to the close of racing Friday 30 June 2017 – this period of suspension encompasses the meetings at Riccarton (24 June 2017) and Dunedin (30 June 2017).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer:


Otherperson: Mr JM McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2746290115f883553a3610870e12a869


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 774917c2b672e7e0d0fddb1f44f2ecfe


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/06/2017


meet_title: South Canterbury RC - 16 June 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: south-canterbury-rc


meet_racingtype: thoroughbred-racing


meet_chair: DAnderson


meet_pm1: SChing


meet_pm2: none


name: South Canterbury RC