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South Canterbury RC 26 September 2011 – R 8

ID: JCA12108

Applicant:
Mr AL Ray - Stipendiary Steward

Respondent(s):
Miss LM McKay - Apprentice Jockey

Other Person:
Mr MR Pitman - Licensed Trainer assisting Miss McKay, Mr J McLaughlin - Stipendiary Steward, Mr JS Bullard - Rider of CEE GEE JAY

Information Number:
6996

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
South Canterbury RC - 26 September 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
JMillar

Race Date:
2011/09/26

Race Number:
R8

Decision:

On resuming the hearing we advised the parties that a full written decision would be provided later. We then gave our reasons (as set out above) and advised that we found that the charge had been proved.

Penalty:

On resuming the hearing we gave our reasons (as set out above) and advised that Miss McKay’s Apprentice Jockey’s Licence was suspended from after the completion of racing on 2 October 2011 until after the completion of racing on 8 October 2011. This period encompasses two race days on 5 October 2011 at Gore, and 8 October at CJC.

Charge:

Alleged careless riding.

Facts:

Following the running of Race 8, the Sunnybrae Equine Services Rating 70 Stayers 2000m, an Information was filed by Stipendiary Steward Mr A. L. Ray against Apprentice Jockey Miss L. M. McKay, the rider of “Sun Valley” (7), alleging a breach of Rule 638(1)(d) in that she rode carelessly.
The charge reads as follows.
I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 638(1)(d) in that (L. M. McKay) allowed her mount to shift in when not clear of Cee Gee Jay which had to be checked near the 800m.”
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 McKay is an Apprentice Jockey and she was assisted at this hearing by Licensed Trainer Mr M. R. Pitman, her employer. Miss McKay had indicated on the information that this breach of the rules was not admitted and she confirmed this at the hearing. Miss McKay also agreed that she understood the charge and the rule it was brought under.

Submissions for Decision:

Mr Ray had Stipendiary Steward Mr McLaughlin use video coverage to show what happened in this incident. It was shown that at about the 800 metre mark Miss McKay was travelling one off the fence with “Cee Gee Jay”, ridden by Mr Bullard, on her inside, but slightly behind. Miss McKay allowed her mount to move in on to Mr Bullard, causing that horse to check. At the time of this incident “Firelight” (3) was improving three wide, but it was agreed that this horse had nothing to do with the incident.
Licensed Jockey Mr J. S. Bullard, the rider of “Cee Gee Jay” (6), gave evidence that just prior to this incident he saw what was happening. Two or three strides before it happened he called out to Miss McKay, but it was too late. In answer to questions Mr Bullard said that the incident did not affect his chances in the race, and that as soon as Miss McKay realised what was happening she immediately took corrective action, and this prevented what could have been a much worse situation.
Mr Pitman made submissions that Miss McKay had taken immediate corrective action, and that she couldn’t have been expected to do anything else in this situation. Mr Pitman raised other matters, but these were mitigating factors rather then a defence to the charge. Mr Pitman agreed that there had been interference in this incident.
We adjourned to consider our decision.

Reasons for Decision:

After reviewing the evidence and the video coverage we were satisfied that at about the 800 metre mark “Sun Valley” moved in sharply causing interference to the “Cee Gee Jay” which was racing on her inside. Miss McKay’s defence was that she took corrective action as soon as possible.
We were satisfied that Miss McKay had been careless in allowing her horse to shift in, and her corrective actions were after the damage had been done. We were satisfied that the charge had been proved.

Submissions for Penalty:

In relation to penalty Mr Ray advised that Miss McKay had one relevant previous breach of this rule on 19 June when she had received a suspension. It was also established that Miss McKay has been riding for about 4 months and has had less then 30 race day rides. The June suspension was incurred early in her career after only a few rides. Mr Ray also said that Miss McKay conducted herself in a very professional manner, and was well thought of by the Stipendiary Stewards. Mr Ray also agreed the Miss McKay had taken appropriate corrective action after the incident, and said that this breach was at the lower end of the scale of seriousness. Mr Ray submitted that there should be a suspension on this case of not less than two days.
Mr Pitman said that Miss McKay was very inexperienced, but the way she had handled this situation was very good, and the situation could have been much worse had she been less skilful. Mr Pitman submitted that a one day suspension and a fine would be an appropriate penalty in this case.
It was also established that Miss McKay only rides in the South Island. Mr Pitman asked that any suspension imposed should be delayed until after 2 October 2011, as Miss McKay has confirmed rides at CJC on 1 October 2011, and at Otago on 2 October 2011.
We adjourned to consider the matter of penalty.

Reasons for Penalty:

We took into account Miss McKay’s previous breach of this rule, but this was after only a few rides at the start of her career. We also took into account that the breach was at the lower end of the scale, that Miss McKay had taken appropriate corrective action, that she is a South Island only rider, and that both Mr Ray and Mr Pitman expressed their confidence in the way Miss McKay generally conducted herself, and the progress she was making as a Jockey.
For all the above reasons we decided that Miss McKay’s Apprentice Jockey’s Licence would be suspended for two riding days.

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: 325656274207864b89a2d541e2b7a15b


informantnumber: 6996


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 20/09/2011


hearing_title: South Canterbury RC 26 September 2011 - R 8


charge:

Alleged careless riding.


facts:

Following the running of Race 8, the Sunnybrae Equine Services Rating 70 Stayers 2000m, an Information was filed by Stipendiary Steward Mr A. L. Ray against Apprentice Jockey Miss L. M. McKay, the rider of “Sun Valley” (7), alleging a breach of Rule 638(1)(d) in that she rode carelessly.
The charge reads as follows.
I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 638(1)(d) in that (L. M. McKay) allowed her mount to shift in when not clear of Cee Gee Jay which had to be checked near the 800m.”
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 McKay is an Apprentice Jockey and she was assisted at this hearing by Licensed Trainer Mr M. R. Pitman, her employer. Miss McKay had indicated on the information that this breach of the rules was not admitted and she confirmed this at the hearing. Miss McKay also agreed that she understood the charge and the rule it was brought under.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ray had Stipendiary Steward Mr McLaughlin use video coverage to show what happened in this incident. It was shown that at about the 800 metre mark Miss McKay was travelling one off the fence with “Cee Gee Jay”, ridden by Mr Bullard, on her inside, but slightly behind. Miss McKay allowed her mount to move in on to Mr Bullard, causing that horse to check. At the time of this incident “Firelight” (3) was improving three wide, but it was agreed that this horse had nothing to do with the incident.
Licensed Jockey Mr J. S. Bullard, the rider of “Cee Gee Jay” (6), gave evidence that just prior to this incident he saw what was happening. Two or three strides before it happened he called out to Miss McKay, but it was too late. In answer to questions Mr Bullard said that the incident did not affect his chances in the race, and that as soon as Miss McKay realised what was happening she immediately took corrective action, and this prevented what could have been a much worse situation.
Mr Pitman made submissions that Miss McKay had taken immediate corrective action, and that she couldn’t have been expected to do anything else in this situation. Mr Pitman raised other matters, but these were mitigating factors rather then a defence to the charge. Mr Pitman agreed that there had been interference in this incident.
We adjourned to consider our decision.


reasonsfordecision:

After reviewing the evidence and the video coverage we were satisfied that at about the 800 metre mark “Sun Valley” moved in sharply causing interference to the “Cee Gee Jay” which was racing on her inside. Miss McKay’s defence was that she took corrective action as soon as possible.
We were satisfied that Miss McKay had been careless in allowing her horse to shift in, and her corrective actions were after the damage had been done. We were satisfied that the charge had been proved.


Decision:

On resuming the hearing we advised the parties that a full written decision would be provided later. We then gave our reasons (as set out above) and advised that we found that the charge had been proved.


sumissionsforpenalty:

In relation to penalty Mr Ray advised that Miss McKay had one relevant previous breach of this rule on 19 June when she had received a suspension. It was also established that Miss McKay has been riding for about 4 months and has had less then 30 race day rides. The June suspension was incurred early in her career after only a few rides. Mr Ray also said that Miss McKay conducted herself in a very professional manner, and was well thought of by the Stipendiary Stewards. Mr Ray also agreed the Miss McKay had taken appropriate corrective action after the incident, and said that this breach was at the lower end of the scale of seriousness. Mr Ray submitted that there should be a suspension on this case of not less than two days.
Mr Pitman said that Miss McKay was very inexperienced, but the way she had handled this situation was very good, and the situation could have been much worse had she been less skilful. Mr Pitman submitted that a one day suspension and a fine would be an appropriate penalty in this case.
It was also established that Miss McKay only rides in the South Island. Mr Pitman asked that any suspension imposed should be delayed until after 2 October 2011, as Miss McKay has confirmed rides at CJC on 1 October 2011, and at Otago on 2 October 2011.
We adjourned to consider the matter of penalty.


reasonsforpenalty:

We took into account Miss McKay’s previous breach of this rule, but this was after only a few rides at the start of her career. We also took into account that the breach was at the lower end of the scale, that Miss McKay had taken appropriate corrective action, that she is a South Island only rider, and that both Mr Ray and Mr Pitman expressed their confidence in the way Miss McKay generally conducted herself, and the progress she was making as a Jockey.
For all the above reasons we decided that Miss McKay’s Apprentice Jockey’s Licence would be suspended for two riding days.


penalty:

On resuming the hearing we gave our reasons (as set out above) and advised that Miss McKay’s Apprentice Jockey’s Licence was suspended from after the completion of racing on 2 October 2011 until after the completion of racing on 8 October 2011. This period encompasses two race days on 5 October 2011 at Gore, and 8 October at CJC.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr AL Ray - Stipendiary Steward


JockeysandTrainer: Miss LM McKay - Apprentice Jockey


Otherperson: Mr MR Pitman - Licensed Trainer assisting Miss McKay, Mr J McLaughlin - Stipendiary Steward, Mr JS Bullard - Rider of CEE GEE JAY


PersonPresent:


Respondent:


StipendSteward:


raceid: 4ac87017d612604ccb60a360f6b4740c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: bd22e7a90b1a79d40aaa97c3c9854bd7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/09/2011


meet_title: South Canterbury RC - 26 September 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: south-canterbury-rc


meet_racingtype: thoroughbred-racing


meet_chair: JPhelan


meet_pm1: JMillar


meet_pm2: none


name: South Canterbury RC