Taranaki RC 11 September 2013 – R 2
ID: JCA11845
Code:
Thoroughbred
Meet Title:
Taranaki RC - 11 September 2014
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Race Date:
2014/09/11
Race Number:
R1
Decision:
The committee found the charge proved.
Penalty:
Mr Holmes' licence is suspended from the close of racing on Wednesday 17 September up to and including racing on Sunday 21 September 2014. As Mr Holmes is returning to Queensland, this incorporates four Queensland Race Meetings (Friday 19th, Saturday 20th [Daytime Meeting], Saturday 20th [Twilight Meeting] and Sunday 21st). The Stipendiary Stewards had no objection to the application of these dates.
Facts:
Following the running of Race 2 (Mitavite Maiden 1600m), Information A3360 was filed with the judicial committee. It alleged a breach of Rule 638(1)(d) and stated that "Patrick Holmes the rider of MISS GRACE allowed his mount to shift in near the turn when not clear of KEEP HER SECRET (M Dee) which was checked. Mr Holmes confirmed he understood the rule and that he did not admit the breach.
Submissions for Decision:
Mr Goodwin called Mr Dee as a witness. In evidence he stated that he was the rider of KEEP A SECRET in Race 2, and prior to the home turn he was improving his position into clear running to the inside of the horse racing in front of him. When he straightened, he said the gap in front of him closed up resulting in his horse hitting the rail, requiring him to check. He confirmed that the pressure to his mount came from the outside, identifying Mr Holmes as the rider of that mount. He saw that Mr Holmes' horse was under pressure and it rolled in when rounding the turn. In response to a question, Mr Dee believed Mr Holmes was approximately 3/4 length clear when he rolled in. Contact was made between the two horses, but in evidence Mr Dee was clear that his mount made contact with the rail as a direct result of the inwards pressure being applied by MISS GRACE. Mr Dee also advised that he did call out to Mr Holmes. He also believed he was entitled to the gap when he was racing to the inside of Mr Holmes as some part of his mount was clearly established to the inside of MISS GRACE.
In response to questions from Mr Holmes, Mr Dee believed that as KEEP A SECRET was a big, timid horse, he did not react well to any pressure being applied. He conceded that with the rail being out 7 metres, this may have exacerbated some of the movement at the point of the turn. Mr Dee described the pressure as quick in nature lasting for two to three strides.
Using the films, Mr Tidmarsh identified the two runners. Approaching the home turn, the stewards identified Mr Dee passing the 600 metres, racing free of interference, with room for him to improve on the fence. The stewards believed that Mr Holmes had shifted directly into the line of Mr Dee, leaving him with no other recourse but for him to take evasive action to avoid Mr Holmes' heels. The stewards believed that Mr Dee had lost 1 and 1/2 to 2 lengths as a result. The head-on, back-straight and side-on films were used to demonstrate this. It was Mr Goodwin's contention that while the inwards movement from Mr Holmes was not rash, he believed he did allow his mount to shift in a stride that had made the difference to Mr Dee having to check his mount.
Mr Holmes drew the position of the rail to the attention of the committee. He stated that he had remained one off the rail during the running. He believed that Mr Dee's mount had touched the rail as a result of the rail coming out and not being in the true position. He also believed KEEP A SECRET was a green horse having its second start, which appeared to be very reluctant to take the run that was presented. He confirmed that he was 3/4 length in front on Mr Dee and that Mr Dee was entitled to be there, but that KEEP A SECRET had touched the rail before MISS GRACE made the minimal movement.
In summary, Mr Goodwin believed that if Mr Holmes did not shift inwards, the incident would not of have happened. In response to Mr Holmes' comments regarding the running rail not being in the true position, he stated that the stewards had not noticed any other riders having difficulty in negotiating that section of the track during the day's racing.
Reasons for Decision:
The committee considered all of the submissions placed before it, and reviewed the available films. It was clear that the rail was out 7 metres, albeit in a stationary position, which may have had some bearing on the exacerbation of movement taking place at the point of the turn. Mr Dee's evidence was strong and compelling and supported by the films that were available to the hearing. It was clear that he was established to the inside of Mr Holmes' mount immediately prior to the incident taking place. There is no disagreement as to Mr Holmes being 3/4 lengths clear of Mr Dee as both runners approached the turn, as this was confirmed by the respondent himself. Mr Holmes' submission was that KEEP A SECRET made contact with the running rail on its own accord due to it's timid nature and because the rail was not in the true position. It is clear from the films, and witness evidence, that the contact with the rail occurred after, and as a direct result, of MISS GRACE's inwards movement when not sufficiently clear. It is possible that Mr Dee's horse may have over-reacted to the pressure being applied, but KEEP A SECRET was dictated inwards by the inwards movement on the part of Mr Holmes, and while not necessarily substantial, this movement was still enough for Mr Dee to check his mount.
Submissions for Penalty:
In presenting Mr Holmes' record, Mr Goodwin identified there had been no previous breaches of this rule within the last 12 months. Mr Holmes had advised him that he had approximately 15 rides per week. The stewards submitted a period of suspension of 5 days as appropriate on this occasion.
Mr Holmes submitted that he had a clean riding record and that in mitigation he asked the committee to consider that Mr Dee's horse over-reacted, and the submissions he had made regarding the running rail being out 7 metres. He advised that he would like any period of suspension to commence after racing at Avondale on 17 September. He also advised he was returning to Queensland, where he had now resided for the last three years, and that he intended to have his first race meeting on Friday 19 September.
Reasons for Penalty:
The committee had regard to the penalty submissions placed before it. We believed a period of suspension to be appropriate and adopted a starting point of five days suspension. We placed the level of carelessness at the low range. In mitigation the committee considered Mr Holmes' very good riding record and the racing manners of Mr Dee's mount. The evidence before the committee was that his mount was a timid horse which may have over-reacted as a result of the pressure applied to it. Applying the combined mitigation aspects, the committee determined that a four race meeting period of suspension as appropriate.
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: 332196703c9df0e1ba003598144561d4
informantnumber: A3360
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 28/08/2014
hearing_title: Taranaki RC 11 September 2013 - R 2
charge:
facts:
Following the running of Race 2 (Mitavite Maiden 1600m), Information A3360 was filed with the judicial committee. It alleged a breach of Rule 638(1)(d) and stated that "Patrick Holmes the rider of MISS GRACE allowed his mount to shift in near the turn when not clear of KEEP HER SECRET (M Dee) which was checked. Mr Holmes confirmed he understood the rule and that he did not admit the breach.
appealdecision:
isappeal:
submissionsfordecision:
Mr Goodwin called Mr Dee as a witness. In evidence he stated that he was the rider of KEEP A SECRET in Race 2, and prior to the home turn he was improving his position into clear running to the inside of the horse racing in front of him. When he straightened, he said the gap in front of him closed up resulting in his horse hitting the rail, requiring him to check. He confirmed that the pressure to his mount came from the outside, identifying Mr Holmes as the rider of that mount. He saw that Mr Holmes' horse was under pressure and it rolled in when rounding the turn. In response to a question, Mr Dee believed Mr Holmes was approximately 3/4 length clear when he rolled in. Contact was made between the two horses, but in evidence Mr Dee was clear that his mount made contact with the rail as a direct result of the inwards pressure being applied by MISS GRACE. Mr Dee also advised that he did call out to Mr Holmes. He also believed he was entitled to the gap when he was racing to the inside of Mr Holmes as some part of his mount was clearly established to the inside of MISS GRACE.
In response to questions from Mr Holmes, Mr Dee believed that as KEEP A SECRET was a big, timid horse, he did not react well to any pressure being applied. He conceded that with the rail being out 7 metres, this may have exacerbated some of the movement at the point of the turn. Mr Dee described the pressure as quick in nature lasting for two to three strides.
Using the films, Mr Tidmarsh identified the two runners. Approaching the home turn, the stewards identified Mr Dee passing the 600 metres, racing free of interference, with room for him to improve on the fence. The stewards believed that Mr Holmes had shifted directly into the line of Mr Dee, leaving him with no other recourse but for him to take evasive action to avoid Mr Holmes' heels. The stewards believed that Mr Dee had lost 1 and 1/2 to 2 lengths as a result. The head-on, back-straight and side-on films were used to demonstrate this. It was Mr Goodwin's contention that while the inwards movement from Mr Holmes was not rash, he believed he did allow his mount to shift in a stride that had made the difference to Mr Dee having to check his mount.
Mr Holmes drew the position of the rail to the attention of the committee. He stated that he had remained one off the rail during the running. He believed that Mr Dee's mount had touched the rail as a result of the rail coming out and not being in the true position. He also believed KEEP A SECRET was a green horse having its second start, which appeared to be very reluctant to take the run that was presented. He confirmed that he was 3/4 length in front on Mr Dee and that Mr Dee was entitled to be there, but that KEEP A SECRET had touched the rail before MISS GRACE made the minimal movement.
In summary, Mr Goodwin believed that if Mr Holmes did not shift inwards, the incident would not of have happened. In response to Mr Holmes' comments regarding the running rail not being in the true position, he stated that the stewards had not noticed any other riders having difficulty in negotiating that section of the track during the day's racing.
reasonsfordecision:
The committee considered all of the submissions placed before it, and reviewed the available films. It was clear that the rail was out 7 metres, albeit in a stationary position, which may have had some bearing on the exacerbation of movement taking place at the point of the turn. Mr Dee's evidence was strong and compelling and supported by the films that were available to the hearing. It was clear that he was established to the inside of Mr Holmes' mount immediately prior to the incident taking place. There is no disagreement as to Mr Holmes being 3/4 lengths clear of Mr Dee as both runners approached the turn, as this was confirmed by the respondent himself. Mr Holmes' submission was that KEEP A SECRET made contact with the running rail on its own accord due to it's timid nature and because the rail was not in the true position. It is clear from the films, and witness evidence, that the contact with the rail occurred after, and as a direct result, of MISS GRACE's inwards movement when not sufficiently clear. It is possible that Mr Dee's horse may have over-reacted to the pressure being applied, but KEEP A SECRET was dictated inwards by the inwards movement on the part of Mr Holmes, and while not necessarily substantial, this movement was still enough for Mr Dee to check his mount.
Decision:
The committee found the charge proved.
sumissionsforpenalty:
In presenting Mr Holmes' record, Mr Goodwin identified there had been no previous breaches of this rule within the last 12 months. Mr Holmes had advised him that he had approximately 15 rides per week. The stewards submitted a period of suspension of 5 days as appropriate on this occasion.
Mr Holmes submitted that he had a clean riding record and that in mitigation he asked the committee to consider that Mr Dee's horse over-reacted, and the submissions he had made regarding the running rail being out 7 metres. He advised that he would like any period of suspension to commence after racing at Avondale on 17 September. He also advised he was returning to Queensland, where he had now resided for the last three years, and that he intended to have his first race meeting on Friday 19 September.
reasonsforpenalty:
The committee had regard to the penalty submissions placed before it. We believed a period of suspension to be appropriate and adopted a starting point of five days suspension. We placed the level of carelessness at the low range. In mitigation the committee considered Mr Holmes' very good riding record and the racing manners of Mr Dee's mount. The evidence before the committee was that his mount was a timid horse which may have over-reacted as a result of the pressure applied to it. Applying the combined mitigation aspects, the committee determined that a four race meeting period of suspension as appropriate.
penalty:
Mr Holmes' licence is suspended from the close of racing on Wednesday 17 September up to and including racing on Sunday 21 September 2014. As Mr Holmes is returning to Queensland, this incorporates four Queensland Race Meetings (Friday 19th, Saturday 20th [Daytime Meeting], Saturday 20th [Twilight Meeting] and Sunday 21st). The Stipendiary Stewards had no objection to the application of these dates.
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Patrick Holmes - Licensed Jockey
Otherperson: N Goodwin – Stipendiary Steward, Mr M Dee - Rider of KEEP HER SECRET
PersonPresent:
Respondent:
StipendSteward:
raceid: 4690f8c9e7759a2ec51b0e0a4994d8ea
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 266050123e62c67932b235cd95367bbe
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/09/2014
meet_title: Taranaki RC - 11 September 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-rc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: NMoffatt
meet_pm2: none
name: Taranaki RC