South Canterbury RC 23 February 2014 – R1
ID: JCA12647
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 23 February 2014
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2014/02/23
Race Number:
R1
Decision:
The information is dismissed.
Facts:
As a result of an incident shortly after the start of Race 1, the "LJ Hooker Maiden Sprint", Ms AL Frye was charged with careless riding.
It was alleged that Ms Frye, "Colonel Anne" when approaching the 1100 metres directed her mount inwards when insufficiently clear of "Jip Jop Shop" which was crowded and checked.
Mr Zarb presented two views of the video coverage of the incident, from the head-on and side-on views. He described how Ms Frye, who had a wide barrier draw, came across on an acute angle and went across the line of "Jip Jop Shop" ridden by Ms T Direen. Mr Zarb alleged that Ms Frye was not sufficiently clear of "Jip Jop Shop" and further alleged that Ms Frye's actions caused Ms Direen to restrain her mount off the heels of "Colonel Anne", which was checked in the process.
Ms Frye, in response said that she considered that even though she came across on quite a sharp angle, that she considered that she was sufficiently clear of "Jip Jop Shop". Furthermore, she said, "Jip Jop Shop" was over-racing and was under pressure from "Why Wait" (D Bothamley) on the inside. Ms Frye said that she was expecting that Mr J Wong ("Dhaulagiri") which was drawn to her outside, would push her in when coming across after the start. She felt that she did not cause Ms Direen any inconvenience as she believed that she was sufficiently clear.
Mr Zarb put it to her that the side-on video angle showed that she was barely half a length clear at the time she came across the path of "Jip Jop Shop". Ms Frye responded that she did not believe that the video was that clear because she and other horses were partly obscured.
Mr D Frye, Ms Frye's employer, put it to the Stipendiary Stewards, that the video evidence, on its own, would not support a charge of careless riding. Mr Zarb was not prepared to speculate on that scenario. Accordingly, Mr Frye asked for Ms Direen to be called to give evidence. Ms Direen confirmed that "Jip Jop Shop" was over-racing and said that Ms Frye was clear of her when she went across her line of racing. Ms Direen said that "Jip Jop Shop" could well have caused the check to itself, because of the manner in which it was racing. She said that Mr R Doherty ("Plays Until Dark") was coming up behind her and that for several strides "Jip Jop Shop" was racing shoulder to shoulder with "Why Wait".
Mr Zarb then put it to Ms Direen and to Ms Frye that that they were wrong in their estimates of the distance that Ms Frye was ahead when she went across the line of Ms Direen. He challenged them on the basis of what they had said when the Stipendiary Stewards discussed the incident with them, prior to the Judicial hearing. Both riders maintained that Ms Frye was sufficiently clear - at least a length and a half.
Submissions for Decision:
Mr Zarb stated that in his view, the video evidence was sufficiently clear. The Stipendiary Stewards submitted that Ms Frye was not her own length and another length clear when going across the racing line of Ms Direen.
Ms Frye did not have any submissions to make in response.
Reasons for Decision:
The incident which gave rise to this charge happened within 100 metres of the start. All horses were vying for position. Ms Frye, having drawn to the outside came across at quite an acute angle. Ms Direen on "Jip Jop Shop" was encountering problems with it "over-racing". It was "throwing its head about". Furthermore, "Jip Jop Shop" was receiving pressure from "Why Wait" (D Bothamley), and to a lesser extent from "Plays Until Dark" (R Doherty).
The head-on camera view, on the face of it, perhaps indicates that Ms Frye may have been the cause of a check to "Jip Jop Shop" when she came across the line of running of that horse. The side-on camera view perhaps indicates that Ms Frye was not her own length and another length clear when she went across the running line of "Jip Jop Shop".
It will be noted that we have used the expression "perhaps indicates", in relation to the video evidence. That is because we find the video evidence, on its own, inconclusive.
Thus we turn to the oral evidence to see if that assists. There was a dispute as to the distance that Ms Frye was when she went across the line of "Jip Jop Shop". As to what was said in the Stewards inquiry is not for us to consider. We can only consider what we heard in the Judicial Inquiry.
Having considered the totality of the evidence, we find that we are left in some doubt. The charge was properly brought, but in all of the circumstances, we are not entirely convinced that the charge has been made out to the acceptable standard.
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: 43f8310b57bc5b912277f89ffc9a1225
informantnumber: A6221
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: denied
penaltyrequired: 0
decisiondate: 23/02/2014
hearing_title: South Canterbury RC 23 February 2014 - R1
charge:
facts:
As a result of an incident shortly after the start of Race 1, the "LJ Hooker Maiden Sprint", Ms AL Frye was charged with careless riding.
It was alleged that Ms Frye, "Colonel Anne" when approaching the 1100 metres directed her mount inwards when insufficiently clear of "Jip Jop Shop" which was crowded and checked.
Mr Zarb presented two views of the video coverage of the incident, from the head-on and side-on views. He described how Ms Frye, who had a wide barrier draw, came across on an acute angle and went across the line of "Jip Jop Shop" ridden by Ms T Direen. Mr Zarb alleged that Ms Frye was not sufficiently clear of "Jip Jop Shop" and further alleged that Ms Frye's actions caused Ms Direen to restrain her mount off the heels of "Colonel Anne", which was checked in the process.
Ms Frye, in response said that she considered that even though she came across on quite a sharp angle, that she considered that she was sufficiently clear of "Jip Jop Shop". Furthermore, she said, "Jip Jop Shop" was over-racing and was under pressure from "Why Wait" (D Bothamley) on the inside. Ms Frye said that she was expecting that Mr J Wong ("Dhaulagiri") which was drawn to her outside, would push her in when coming across after the start. She felt that she did not cause Ms Direen any inconvenience as she believed that she was sufficiently clear.
Mr Zarb put it to her that the side-on video angle showed that she was barely half a length clear at the time she came across the path of "Jip Jop Shop". Ms Frye responded that she did not believe that the video was that clear because she and other horses were partly obscured.
Mr D Frye, Ms Frye's employer, put it to the Stipendiary Stewards, that the video evidence, on its own, would not support a charge of careless riding. Mr Zarb was not prepared to speculate on that scenario. Accordingly, Mr Frye asked for Ms Direen to be called to give evidence. Ms Direen confirmed that "Jip Jop Shop" was over-racing and said that Ms Frye was clear of her when she went across her line of racing. Ms Direen said that "Jip Jop Shop" could well have caused the check to itself, because of the manner in which it was racing. She said that Mr R Doherty ("Plays Until Dark") was coming up behind her and that for several strides "Jip Jop Shop" was racing shoulder to shoulder with "Why Wait".
Mr Zarb then put it to Ms Direen and to Ms Frye that that they were wrong in their estimates of the distance that Ms Frye was ahead when she went across the line of Ms Direen. He challenged them on the basis of what they had said when the Stipendiary Stewards discussed the incident with them, prior to the Judicial hearing. Both riders maintained that Ms Frye was sufficiently clear - at least a length and a half.
appealdecision:
isappeal:
submissionsfordecision:
Mr Zarb stated that in his view, the video evidence was sufficiently clear. The Stipendiary Stewards submitted that Ms Frye was not her own length and another length clear when going across the racing line of Ms Direen.
Ms Frye did not have any submissions to make in response.
reasonsfordecision:
The incident which gave rise to this charge happened within 100 metres of the start. All horses were vying for position. Ms Frye, having drawn to the outside came across at quite an acute angle. Ms Direen on "Jip Jop Shop" was encountering problems with it "over-racing". It was "throwing its head about". Furthermore, "Jip Jop Shop" was receiving pressure from "Why Wait" (D Bothamley), and to a lesser extent from "Plays Until Dark" (R Doherty).
The head-on camera view, on the face of it, perhaps indicates that Ms Frye may have been the cause of a check to "Jip Jop Shop" when she came across the line of running of that horse. The side-on camera view perhaps indicates that Ms Frye was not her own length and another length clear when she went across the running line of "Jip Jop Shop".
It will be noted that we have used the expression "perhaps indicates", in relation to the video evidence. That is because we find the video evidence, on its own, inconclusive.
Thus we turn to the oral evidence to see if that assists. There was a dispute as to the distance that Ms Frye was when she went across the line of "Jip Jop Shop". As to what was said in the Stewards inquiry is not for us to consider. We can only consider what we heard in the Judicial Inquiry.
Having considered the totality of the evidence, we find that we are left in some doubt. The charge was properly brought, but in all of the circumstances, we are not entirely convinced that the charge has been made out to the acceptable standard.
Decision:
The information is dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: Rule 638(1), A rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) careless
Informant: Mr M Zarb - Stipendiary Steward
JockeysandTrainer: Ms AL Frye - Apprentice Jockey
Otherperson: Mr D Frye - Licensed Trainer assisting Miss Frye
PersonPresent:
Respondent:
StipendSteward:
raceid: df18c9977b00fbfc457765c71a5e7e4d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f7ff9d1f576a802ba1090b7062fe0d06
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/02/2014
meet_title: South Canterbury RC - 23 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: RMcKenzie
meet_pm2: none
name: South Canterbury RC