Stratford RC 29 December 2018 – R 5 – Chair, Mr T Utikere
ID: JCA11238
Code:
Thoroughbred
Meet Title:
Stratford RC - 29 December 2018
Meet Chair:
TUtikere
Meet Committee Member 1:
TBird
Race Date:
2018/12/29
Race Number:
R5
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Ms Myers’ Licence is suspended from the conclusion of racing on Wednesday 2 January until the conclusion of racing on Thursday 10 January 2019.
Facts:
Following the running of Race 5 (MCDONALD REAL ESTATE RATING 65 1200m), Information A12262 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) by Licensed Rider, Ms Rosie Myers. The Information alleged that she: ”...allowed her mount PRAWN STAR to shift inwards near the 750m when not clear of SMOKEN HOT which was dictated inwards and checked TORRE DEL GRECO”.
Rule 638(1)(d) states:
“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”
Ms Myers confirmed to the committee that she understood Rule 638(1)(d), and that hse admitted the breach.
Using the available back straight and side-on films, Mr Balcombe identified Ms Myers (PRAWN STAR) racing towards the end of the back straight, near the 750 metres. She was racing approximately three wide with Mr Pinn (SMOKEN HOT) to her inside and Mr Elliot (TORRE DEL GRECO) inside of him and positioned closest to the rail. Ms Myers was looking for a run closer to the rail, and was observed to shift inwards; and in doing so, dictated Mr Pinn inwards, requiring Mr Elliot to take evasive action and receive a check. The end result for Ms Myers was that she ended up in the one-off position.
In response to a question from the Committee, Mr Goodwin identified that Ms Myers was approximately ¾ length clear of Mr Pinn when the dictation occurred.
When invited to comment on the incident, Ms Myers described the incident as a total error of judgement. She had looked to her inside and had thought that Mr Winn was clear of Mr Elliot when she commenced her inwards movement. She also believed it was clear that SMOKEN HOT had not been travelling as well as she had thought it had, and this had added to the incident.
Submissions for Penalty:
In presenting the respondent’s record, Mr Goodwin identified two breaches within the previous 12 month period (Amberley, 23 June - 5 Days; Hawke’s Bay, 28 April - 5 Days). He described Ms Myers as being within the ”top bracket” of riders who was a very busy rider. He submitted that the check to Mr Elliot had been above mid-range as he had lost several lengths as a result. However, he suggested that had to be “tempered” with the fact that Ms Myers movement had not been sudden or aggressive, but rather gradual in description.
Ms Myers reiterated that the incident was a complete error of judgement and that she had commitments at Tauherenikau on Wednesday 2 January, submitting that any period of suspension could commence after that.
Reasons for Penalty:
The Committee considered all of the submissions placed before it. It is clear from the films that Ms Myers had sought a run closer to the rail, and in doing so had caused an imposition to two other riders. While Mr Pinn was dictated, Mr Elliot received a decent check. When we look at the way in which Ms Myers sought to move inwards, the films clearly show that he consistently looked to her inside and her movement was also gradual in nature. She has simply misread the situation as Mr Pinn’s horse was not going as well as she thought it was, and her error in that regard had led to the check to Mr Elliot.
When we consider all factors, we assess the carelessness to fall within the mid-range and adopt the eight day period of suspension as identified in the JCA Penalty Guidelines. In mitigation we considered her early admission of the breach, her co-operation and the fact that two previous breaches within the last 12 months (the most recent more than six months ago) for a very busty rider is to be considered as a very good record. We determined that a six day period of suspension is the appropriate end result.
Decision Date: 01/01/2019
Publish Date: 01/01/2019
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: 1a28bbec0c8255f69b1f019fbc3910ac
informantnumber: A12262
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 01/01/2019
hearing_title: Stratford RC 29 December 2018 - R 5 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 5 (MCDONALD REAL ESTATE RATING 65 1200m), Information A12262 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) by Licensed Rider, Ms Rosie Myers. The Information alleged that she: ”...allowed her mount PRAWN STAR to shift inwards near the 750m when not clear of SMOKEN HOT which was dictated inwards and checked TORRE DEL GRECO”.
Rule 638(1)(d) states:
“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”
Ms Myers confirmed to the committee that she understood Rule 638(1)(d), and that hse admitted the breach.
Using the available back straight and side-on films, Mr Balcombe identified Ms Myers (PRAWN STAR) racing towards the end of the back straight, near the 750 metres. She was racing approximately three wide with Mr Pinn (SMOKEN HOT) to her inside and Mr Elliot (TORRE DEL GRECO) inside of him and positioned closest to the rail. Ms Myers was looking for a run closer to the rail, and was observed to shift inwards; and in doing so, dictated Mr Pinn inwards, requiring Mr Elliot to take evasive action and receive a check. The end result for Ms Myers was that she ended up in the one-off position.
In response to a question from the Committee, Mr Goodwin identified that Ms Myers was approximately ¾ length clear of Mr Pinn when the dictation occurred.
When invited to comment on the incident, Ms Myers described the incident as a total error of judgement. She had looked to her inside and had thought that Mr Winn was clear of Mr Elliot when she commenced her inwards movement. She also believed it was clear that SMOKEN HOT had not been travelling as well as she had thought it had, and this had added to the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
In presenting the respondent’s record, Mr Goodwin identified two breaches within the previous 12 month period (Amberley, 23 June - 5 Days; Hawke’s Bay, 28 April - 5 Days). He described Ms Myers as being within the ”top bracket” of riders who was a very busy rider. He submitted that the check to Mr Elliot had been above mid-range as he had lost several lengths as a result. However, he suggested that had to be “tempered” with the fact that Ms Myers movement had not been sudden or aggressive, but rather gradual in description.
Ms Myers reiterated that the incident was a complete error of judgement and that she had commitments at Tauherenikau on Wednesday 2 January, submitting that any period of suspension could commence after that.
reasonsforpenalty:
The Committee considered all of the submissions placed before it. It is clear from the films that Ms Myers had sought a run closer to the rail, and in doing so had caused an imposition to two other riders. While Mr Pinn was dictated, Mr Elliot received a decent check. When we look at the way in which Ms Myers sought to move inwards, the films clearly show that he consistently looked to her inside and her movement was also gradual in nature. She has simply misread the situation as Mr Pinn’s horse was not going as well as she thought it was, and her error in that regard had led to the check to Mr Elliot.
When we consider all factors, we assess the carelessness to fall within the mid-range and adopt the eight day period of suspension as identified in the JCA Penalty Guidelines. In mitigation we considered her early admission of the breach, her co-operation and the fact that two previous breaches within the last 12 months (the most recent more than six months ago) for a very busty rider is to be considered as a very good record. We determined that a six day period of suspension is the appropriate end result.
penalty:
Ms Myers’ Licence is suspended from the conclusion of racing on Wednesday 2 January until the conclusion of racing on Thursday 10 January 2019.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr N Goodwin - Sitpendiary Steward
JockeysandTrainer: Miss R Myers - Licensed Jockey
Otherperson: Mr D Balcombe - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 02c98ef5fe7ac5db0bd1f1fad60d353f
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: 6bc385520f90de072b64f7b0072fc41e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2018
meet_title: Stratford RC - 29 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: stratford-rc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: TBird
meet_pm2: none
name: Stratford RC