Archive Decision

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South Canterbury RC 23 February 2014 – R5

ID: JCA15057

Applicant:
M Zarb - Stipendiary Steward

Respondent(s):
Mr J Bates - Licensed Jockey

Information Number:
A6223

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
Rule 638(1), A rider shall not ride a horse in a manner which the Judicial Committee considers to be, (d) careless

Plea:
admitted

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:
R5

Decision:

As Mr Bates has admitted the charge it is therefore deemed to be proved.

Penalty:

Mr Bates application for a deferment of the coming into effect of penalty is granted. He is suspended for three race riding days commencing at the conclusion of racing on Sunday 2nd March and ending at the conclusion of racing on Saturday 8th March. That period of suspension encompasses meetings at Auckland on 5th March, Canterbury Jockey Club (at Banks Peninsula) on 6th March and Dunedin on Saturday 8th March 2014.

Facts:

As a result of an incident in the final stages of the "Gold Cup Challenge Handicap", Licensed Jockey, J Bates was charged with careless riding.

It was alleged that Mr Bates ("Ashburn Lane") directed his mount outwards near the 250 metres causing "The Hand Of Faith" (D Walsh) to be crowded and checked. "Paraketo" (CW Johnson) was also affected in the incident.

Mr Zarb showed the incident on the video coverage of the race, with emphasis being placed on the head-on view. Mr Bates mount was racing keenly and with approximately 250 metres to run, Mr Bates attempted to take a gap between "The Hand Of Faith" and "Paraketo" Quite heavy contact was made by "Ashburn Lane" with "The Hand Of Faith".

By way of explanation Mr Bates said that he thought the gap was going to open up. He found that it didn't and as a consequence had to go around the heels of "The Hand Of Faith" to find an inside run. He acknowledged that he made an error of judgement.

"Paraketo" finished in third place and "The Hand Of Faith" was unplaced. It was acknowledged that "The Hand Of Faith" was a "beaten" horse.

Submissions for Penalty:

Mr Zarb advised the hearing that this was the third occasion that Mr Bates had appeared on a charge of careless riding since July 2013. Mr Bates was suspended for two days in July and for four days in October 2013. He acknowledged that Mr Bates is a "busy" rider. Mr Zarb also said that the Stipendiary Stewards considered Mr Bates carelessness to be in the "medium to high " range bracket, but with minimal consequences. He did not have any submission to make on the length of the suspension to be imposed.

Mr Bates acknowledged that a suspension was inevitable but applied for a 7 day deferment of the coming into effect of the period of suspension.

Reasons for Penalty:

The starting point for penalty as per the Judicial Control Authority's Penalty Guide is a suspension of five race riding days. Against that we must take into account aggravating and mitigating factors. We do not share the Stipendiary Stewards view as to the degree of carelessness and rate it somewhat lower than that assessed by the them. Thus we do not consider that there are any aggravating factors which warrant an uplift on the starting point.

The mitigating factors are Mr Bates' early admission of the breach, and his candid approach in the Judicial hearing. Even though it is his third breach since July 2013, we acknowledge that he is a busy rider, who rides primarily in the South Island but also who rides for K & L Rae from Ruakaka in the North Island. Having regard to these mitigating factors and our assessment of the degree of carelessness we allow a discount of two days on our starting point.

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: a0dd219fd7f2ba7150733b2cffc38661


informantnumber: A6223


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 23/02/2014


hearing_title: South Canterbury RC 23 February 2014 - R5


charge:


facts:

As a result of an incident in the final stages of the "Gold Cup Challenge Handicap", Licensed Jockey, J Bates was charged with careless riding.

It was alleged that Mr Bates ("Ashburn Lane") directed his mount outwards near the 250 metres causing "The Hand Of Faith" (D Walsh) to be crowded and checked. "Paraketo" (CW Johnson) was also affected in the incident.

Mr Zarb showed the incident on the video coverage of the race, with emphasis being placed on the head-on view. Mr Bates mount was racing keenly and with approximately 250 metres to run, Mr Bates attempted to take a gap between "The Hand Of Faith" and "Paraketo" Quite heavy contact was made by "Ashburn Lane" with "The Hand Of Faith".

By way of explanation Mr Bates said that he thought the gap was going to open up. He found that it didn't and as a consequence had to go around the heels of "The Hand Of Faith" to find an inside run. He acknowledged that he made an error of judgement.

"Paraketo" finished in third place and "The Hand Of Faith" was unplaced. It was acknowledged that "The Hand Of Faith" was a "beaten" horse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Bates has admitted the charge it is therefore deemed to be proved.


sumissionsforpenalty:

Mr Zarb advised the hearing that this was the third occasion that Mr Bates had appeared on a charge of careless riding since July 2013. Mr Bates was suspended for two days in July and for four days in October 2013. He acknowledged that Mr Bates is a "busy" rider. Mr Zarb also said that the Stipendiary Stewards considered Mr Bates carelessness to be in the "medium to high " range bracket, but with minimal consequences. He did not have any submission to make on the length of the suspension to be imposed.

Mr Bates acknowledged that a suspension was inevitable but applied for a 7 day deferment of the coming into effect of the period of suspension.


reasonsforpenalty:

The starting point for penalty as per the Judicial Control Authority's Penalty Guide is a suspension of five race riding days. Against that we must take into account aggravating and mitigating factors. We do not share the Stipendiary Stewards view as to the degree of carelessness and rate it somewhat lower than that assessed by the them. Thus we do not consider that there are any aggravating factors which warrant an uplift on the starting point.

The mitigating factors are Mr Bates' early admission of the breach, and his candid approach in the Judicial hearing. Even though it is his third breach since July 2013, we acknowledge that he is a busy rider, who rides primarily in the South Island but also who rides for K & L Rae from Ruakaka in the North Island. Having regard to these mitigating factors and our assessment of the degree of carelessness we allow a discount of two days on our starting point.


penalty:

Mr Bates application for a deferment of the coming into effect of penalty is granted. He is suspended for three race riding days commencing at the conclusion of racing on Sunday 2nd March and ending at the conclusion of racing on Saturday 8th March. That period of suspension encompasses meetings at Auckland on 5th March, Canterbury Jockey Club (at Banks Peninsula) on 6th March and Dunedin on Saturday 8th March 2014.


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: M Zarb - Stipendiary Steward


JockeysandTrainer: Mr J Bates - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 495bc9e6a7373478d6e45f1a8ddb4fae


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


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