Archive Decision

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Southland RC 18 February 2017 – R 10 – Chair, Prof G Hall

ID: JCA13792

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr R Cuneen - Apprentice Jockey

Other Person:
Mr L Tidmarsh - Stipendiary Steward, Mr L Callaway - Licensed Jockey assisting Mr Cuneen

Information Number:
A7798

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Southland RC - 18 February 2017

Meet Chair:
GHall

Meet Committee Member 1:
VMUnro

Race Date:
2017/02/18

Race Number:
R 10

Decision:

As Mr Cuneen has admitted the charge, it is found to be proved.

Penalty:

The penalty is three days’ suspension: Riccarton 24 February, Wingatui 4 March, and Ashburton 9 March. We remind the respondent of his professional obligations.

Facts:

Mr Davidson alleged that in race 10, the AON Insurance Brokers Handicap, Mr Cuneen rode carelessly by permitting his mount CENTAVADA to shift outwards near the 175 metres when not sufficiently clear of SMOKEM UP.

Mr Tidmarsh, Stipendiary Steward, demonstrated the incident on the video. He stated that the respondent angled out looking for a run near the 175 metres and had come into contact with Ms Wynne, who was clearly established outside Mr Cuneen. When asked by this Committee to estimate the distance between the respondent and Ms Wynne, Mr Tidmarsh replied ¾ to a length at best. He believed the respondent had shifted ground outwards some two horse widths.

Mr Cuneen stated he had been slightly dictated by the horse in front and that was why he had come out looking for a run. He said he had angled out and had only just brushed SMOKEM UP.

Submissions for Penalty:

Mr Davidson produced the respondent’s record. This evidenced two suspensions in the past 12 months. Mr Cuneen had received three days at Riccarton on 12 November and a further three days at Kurow on 30 December. He had had 183 rides this season. Mr Davidson said the respondent was a highly sought after experienced apprentice.

Mr Davidson described the breach as mid-range. There had been a protest but the degree of interference and margin were such that there had not been a change of placings.

Mr Cuneen accepted that his record was as described and said he wanted his suspension to commence immediately.

Reasons for Penalty:

We take the South Island starting point of three days, as prescribed in the JCA Penalty Guide.

The breach is at the upper end of mid range. Mr Davidson is correct when he says that the protest was dismissed only because the margin at the finish was not such that a change of placings was warranted. Mr Cuneen has shifted ground quite abruptly, some two horse widths, and has made clear contact with Ms Wynne’s mount. We believe a one-day uplift is appropriate for the gravity of the breach.

The only mitigating factor is Mr Cuneen’s admission of the breach, and we will regard his record as a neutral factor, as Mr Davidson has submitted, although we believe we would have been justified as viewing three breaches in four months as an aggravating factor.

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: 6581f39bdd799355f0ce8533d342ff89


informantnumber: A7798


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 20/02/2017


hearing_title: Southland RC 18 February 2017 - R 10 - Chair, Prof G Hall


charge:


facts:

Mr Davidson alleged that in race 10, the AON Insurance Brokers Handicap, Mr Cuneen rode carelessly by permitting his mount CENTAVADA to shift outwards near the 175 metres when not sufficiently clear of SMOKEM UP.

Mr Tidmarsh, Stipendiary Steward, demonstrated the incident on the video. He stated that the respondent angled out looking for a run near the 175 metres and had come into contact with Ms Wynne, who was clearly established outside Mr Cuneen. When asked by this Committee to estimate the distance between the respondent and Ms Wynne, Mr Tidmarsh replied ¾ to a length at best. He believed the respondent had shifted ground outwards some two horse widths.

Mr Cuneen stated he had been slightly dictated by the horse in front and that was why he had come out looking for a run. He said he had angled out and had only just brushed SMOKEM UP.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Cuneen has admitted the charge, it is found to be proved.


sumissionsforpenalty:

Mr Davidson produced the respondent’s record. This evidenced two suspensions in the past 12 months. Mr Cuneen had received three days at Riccarton on 12 November and a further three days at Kurow on 30 December. He had had 183 rides this season. Mr Davidson said the respondent was a highly sought after experienced apprentice.

Mr Davidson described the breach as mid-range. There had been a protest but the degree of interference and margin were such that there had not been a change of placings.

Mr Cuneen accepted that his record was as described and said he wanted his suspension to commence immediately.


reasonsforpenalty:

We take the South Island starting point of three days, as prescribed in the JCA Penalty Guide.

The breach is at the upper end of mid range. Mr Davidson is correct when he says that the protest was dismissed only because the margin at the finish was not such that a change of placings was warranted. Mr Cuneen has shifted ground quite abruptly, some two horse widths, and has made clear contact with Ms Wynne’s mount. We believe a one-day uplift is appropriate for the gravity of the breach.

The only mitigating factor is Mr Cuneen’s admission of the breach, and we will regard his record as a neutral factor, as Mr Davidson has submitted, although we believe we would have been justified as viewing three breaches in four months as an aggravating factor.


penalty:

The penalty is three days’ suspension: Riccarton 24 February, Wingatui 4 March, and Ashburton 9 March. We remind the respondent of his professional obligations.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr R Cuneen - Apprentice Jockey


Otherperson: Mr L Tidmarsh - Stipendiary Steward, Mr L Callaway - Licensed Jockey assisting Mr Cuneen


PersonPresent:


Respondent:


StipendSteward:


raceid: 3e0e8a7f03bb7ea5becea8d83695a4a3


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


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meetdate: 18/02/2017


meet_title: Southland RC - 18 February 2017


meet_expappcomment:


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tracklocation: southland-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: VMUnro


meet_pm2: none


name: Southland RC