Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Southland RC – 24 February 2007 – Race 7

ID: JCA22069

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Southland RC - 24 February 2007

Race Date:
2007/02/24

Race Number:
Race 7

Decision:

Hearing of information number 0087 filed under Rule 871(1)(d) by Mr S C Ching alleging that B Hibberd ("One Love") allowed his mount to shift outwards when insufficiently clear



Hearing of information number 0087 filed under Rule 871(1)(d) by Mr S C Ching alleging that B Hibberd ("One Love") allowed his mount to shift outwards when insufficiently clear of "Halobelle" (T Moseley) who was forced out in to the running line of "Coup Callum" (L Allpress) who had to check also severely inconveniencing "Peyow Peyow" (J Bates)

--

--

 

--

Following the protest hearing in to Race 7 at the Southland Racing meeting on Saturday 24th February 2007, Mr Ching Stipendiary Steward, preferred an information pursuant to Rule 871(1)(d) of the Rules of Racing against Mr B Hibberd. It was alleged that Mr Hibberd allowed his mount to shift outward when insufficiently clear of "Halobelle" ridden by TR Mosley who was forced out in to the running line of "Coup Callum" ridden by L Allpress who had to check also severely inconveniencing "Peyow Peyow" ridden by J Bates.

--

--

Mr Hibberd pleaded guilty to the charge which is therefore deemed to be proved.

--

--

We heard from Mr Hibberd his explanation of the incident which was supported by Mr TR Mosley, that there were other factors which contributed to the severity of the incident and made it look much worse than it was. Mr Hibberd maintained that after moving outwards, that he returned to the rail and played no further part in what we term as the aftermath of his initial outward movement. That may or may not be the case, but the fact remains that Mr Hibberd's mount did move outwards when not sufficiently clear. Mr Hibberd has pleaded guilty to the charge and, therefore, we must deal with the incident based on that plea.

--

--

Mr Ching submitted that the appropriate penalty be imposed was that of suspension. He told us that this was the third time since October 2006 that Mr Hibberd has been charged with careless riding.

--

--

We agree that a suspension is the appropriate penalty. The question is as to the length of that suspension. There were some aggravating features, in that there was a relegation of a horse as a consequence of the incident, and Mr Hibberd therefore has cost the owners of the horse the opportunity of "black type" and, of course, decreased the stakes return to the owners as well as the return to the punters, who had backed his horse in the race. The race was a listed stakes race. We agree with Mr Ching that it was quite a serious case of interference.

--

--

In mitigation we note that a guilty plea was entered. This is the third time since October of last year that Mr Hibberd has been charged with careless riding. Prior to that, Mr Hibberd has a good record.

--

--

DECISION

--

--

We have carefully considered the explanation and given such weight to it as we can. The starting point, in our opinion, for this careless riding would normally be a five day suspension. Having given consideration to the matters that Mr Hibberd raised with us, and given him the benefit of the doubt to a certain degree, and his guilty plea, we are therefore prepared to reduce that suspension to that of four days.

--

--

Mr Hibberd has confirmed to the hearing that he rides in the South Island only, although he does have an engagement at the end of March in the North Island.

--

--

Therefore, Mr Hibberd, you are suspended from race riding from the conclusion of racing tomorrow at Timaru on 25th February 2007 until the conclusion of racing on 16 March 2007. That is four days.

--

--

 

--

...........................................

--

KG Hales

--

Chairman

--

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: bd446c3c43f1558730779e5bfb8adfea


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 24/02/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Southland RC - 24 February 2007 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Hearing of information number 0087 filed under Rule 871(1)(d) by Mr S C Ching alleging that B Hibberd ("One Love") allowed his mount to shift outwards when insufficiently clear



Hearing of information number 0087 filed under Rule 871(1)(d) by Mr S C Ching alleging that B Hibberd ("One Love") allowed his mount to shift outwards when insufficiently clear of "Halobelle" (T Moseley) who was forced out in to the running line of "Coup Callum" (L Allpress) who had to check also severely inconveniencing "Peyow Peyow" (J Bates)

--

--

 

--

Following the protest hearing in to Race 7 at the Southland Racing meeting on Saturday 24th February 2007, Mr Ching Stipendiary Steward, preferred an information pursuant to Rule 871(1)(d) of the Rules of Racing against Mr B Hibberd. It was alleged that Mr Hibberd allowed his mount to shift outward when insufficiently clear of "Halobelle" ridden by TR Mosley who was forced out in to the running line of "Coup Callum" ridden by L Allpress who had to check also severely inconveniencing "Peyow Peyow" ridden by J Bates.

--

--

Mr Hibberd pleaded guilty to the charge which is therefore deemed to be proved.

--

--

We heard from Mr Hibberd his explanation of the incident which was supported by Mr TR Mosley, that there were other factors which contributed to the severity of the incident and made it look much worse than it was. Mr Hibberd maintained that after moving outwards, that he returned to the rail and played no further part in what we term as the aftermath of his initial outward movement. That may or may not be the case, but the fact remains that Mr Hibberd's mount did move outwards when not sufficiently clear. Mr Hibberd has pleaded guilty to the charge and, therefore, we must deal with the incident based on that plea.

--

--

Mr Ching submitted that the appropriate penalty be imposed was that of suspension. He told us that this was the third time since October 2006 that Mr Hibberd has been charged with careless riding.

--

--

We agree that a suspension is the appropriate penalty. The question is as to the length of that suspension. There were some aggravating features, in that there was a relegation of a horse as a consequence of the incident, and Mr Hibberd therefore has cost the owners of the horse the opportunity of "black type" and, of course, decreased the stakes return to the owners as well as the return to the punters, who had backed his horse in the race. The race was a listed stakes race. We agree with Mr Ching that it was quite a serious case of interference.

--

--

In mitigation we note that a guilty plea was entered. This is the third time since October of last year that Mr Hibberd has been charged with careless riding. Prior to that, Mr Hibberd has a good record.

--

--

DECISION

--

--

We have carefully considered the explanation and given such weight to it as we can. The starting point, in our opinion, for this careless riding would normally be a five day suspension. Having given consideration to the matters that Mr Hibberd raised with us, and given him the benefit of the doubt to a certain degree, and his guilty plea, we are therefore prepared to reduce that suspension to that of four days.

--

--

Mr Hibberd has confirmed to the hearing that he rides in the South Island only, although he does have an engagement at the end of March in the North Island.

--

--

Therefore, Mr Hibberd, you are suspended from race riding from the conclusion of racing tomorrow at Timaru on 25th February 2007 until the conclusion of racing on 16 March 2007. That is four days.

--

--

 

--

...........................................

--

KG Hales

--

Chairman

--


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: dff3432bc0c23b86048b031b5b051028


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 69345ac0b78cbdb719c1ee7c5a01c610


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/02/2007


meet_title: Southland RC - 24 February 2007


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: southland-rc


meet_racingtype: thoroughbred-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Southland RC