Taranaki RC 12 May 2012 – R 5
ID: JCA13155
Code:
Thoroughbred
Meet Title:
Taranaki RC - 12 May 2012
Meet Chair:
TUtikere
Meet Committee Member 1:
ISmith
Race Date:
2012/05/12
Race Number:
Race 5
Decision:
As the charge was admitted it was found to be proved.
Penalty:
Mr Smith’s licence to ride in races will be suspended from the conclusion of racing on Saturday 12th May 2012 until the conclusion of racing on Saturday 26th May 2012. This is a total of three (3) days. This incorporates the Egmont (17th), Rangitikei (19th) and Wellington (26th) meetings.
Charge:
Following Race 5, Licensed Jockey K Smith was charged with careless riding under Rule 638(1)(d). The information stated ”In that passing the 1100m, K Smith has permitted his mount DI’S BOY to shift in when not clear of MAJOR RIO which was dictated inwards into the line of LA MUCHACHA which was tightened and lost ground.
Rule 638(1)(d) states:
“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”
Facts:
Mr Smith indicated to the committee that he understood Rule 638 (1)(d), and that he admitted the breach.
Using the head-on and side-on films, Mr Whiterod identified the runners affected, namely LA MUCHACHA (S Doyle), MAJOR RIO (S Collett) and specifically pointed out Mr Smith’s mount, DI’S BOY which had drawn barrier five. Shortly after the start he submitted that there was inwards movement from DI’S BOY, putting pressure onto MAJOR RIO which had the resultant effect of dictating Miss Collett inwards into the line of LA MUCHACHA. This movement required Mr Doyle to check his mount due to running out of racing room. Mr Whiterod submitted that the stewards believed Mr Doyle was entitled to his rightful line of running at the time of the inwards movement. It was their view that he was in a gap and had to check as a result of the outwards pressure from DI’s BOY onto MAJOR RIO. Further, Mr Whiterod submitted that there was no pressure to the outside of Mr Smith’s mount at the time of the inwards movement taking place; he used the film to identify a clear gap between DI’s BOY and the horse racing to its outside. He concluded his submission by stating that Mr Smith had simply moved inwards when not the required distance clear and this had put the pressure on the other runners to his inside.
When invited to make a submission, Mr Smith indicated that his horse had been known to be a “bad hanger”. He advised the committee that on one side of its bit was a rubber round that had around 50 sharp points to act as a deterrent for the hanging action. However, Mr Smith accepted that he was going forward and that he did cut across, but that the angled position of DI’S BOY’s head on the head-on film at the time of the inwards movement supported his view that the horse is a hanger.
Submissions for Penalty:
In presenting Mr Smith’s record, Mr Neal indicated he had been suspended on only one occasion within the previous 12 months; at Hawkes Bay in July 2011. He stated that Mr Smith was an active rider who rides at most Central District meetings. Mr Neal considered Mr Smith as a good rider with an excellent riding record who, did not regularly come to the attention of the stewards. He submitted that the stewards believed the level of carelessness was at the low end, and that it was simply an error of judgement on Mr Smith’s part. Nonetheless, the effect on LA MUCHACHA had been at a critical point after the start where Mr Doyle was trying to maintain his position. Mr Neal, for the stewards, submitted that given all the circumstances a suspension in the vicinity of three (3) days would be appropriate.
Mr Smith indicated that he would like a period of suspension, if imposed, to commence as soon as possible. He also stated that he did not want to avail himself of the seven day deferral option. He submitted that he was a New Zealand Jockey Licence holder, and as such was entitled to ride at all domestic meetings if he chose to. He also stated that he had just started riding for Mr Hapeta at Byerley Park, and that an invitation to venture north to ride his horses had been forthcoming. In light of this statement, the committee sought clarification as to whether he had been engaged for any upcoming northern meetings, and clarification as to the last time he rode at Whangarei, Te Aroha or Waipa locations. Mr Smith indicated he did not have any upcoming northern engagements, that he would not intend to ride as far north as Whangarei, and that he had not ridden at Te Aroha or Waipa within the last 12 months.
Reasons for Penalty:
The committee had regard to all of the submissions put before it. We believed that Mr Smith had made an error of judgement in commencing an inwards movement shortly after the start, when not the required distance clear before undertaking such a manoeuvre. It was evident from the films that there was an effect on MAJOR RIO, but the most inconvenience was caused to LA MUCHACHA. Mr Doyle was entitled to be where he was, at a time in the race, shortly after the start, where tactics and initial placement are important. However, the committee placed this level of carelessness at the low-range and believed that a period of suspension was an appropriate penalty to impose on this occasion, and adopted a starting point of five (5) days. In mitigation, the committee considered Mr Smith’s early admittance of the breach, the low level of carelessness and what could be considered Mr Smith’s extremely good riding record. On balance it was decided that a three (3) day period of suspension would be appropriate.
The penalty imposed needed to reflect the actual race meetings it is likely that Mr Smith will or would ride at, based on the evidence placed before the judicial committee. Mr Smith is to be considered as a Central Districts rider and the period of suspension must reflect the inclusion of meetings at which he was highly likely to have had genuine engagements. The evidence suggests that he had not ridden at northern meetings recently, with no pending engagements for the specific upcoming Whangarei, Te Aroha or Waipa meetings. Therefore it was considered inappropriate to include these within the three day quantum. It was also considered inappropriate to include the Hawkes Bay Meeting on 24 May as this is a Jumps, Apprentice and Amateur riders meeting, for which Mr Smith would not have been riding at.
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: 4ae45cf4339d0908d82f7781810d2ea5
informantnumber: A3153
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2012
hearing_title: Taranaki RC 12 May 2012 - R 5
charge:
Following Race 5, Licensed Jockey K Smith was charged with careless riding under Rule 638(1)(d). The information stated ”In that passing the 1100m, K Smith has permitted his mount DI’S BOY to shift in when not clear of MAJOR RIO which was dictated inwards into the line of LA MUCHACHA which was tightened and lost ground.
Rule 638(1)(d) states:
“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”
facts:
Mr Smith indicated to the committee that he understood Rule 638 (1)(d), and that he admitted the breach.
Using the head-on and side-on films, Mr Whiterod identified the runners affected, namely LA MUCHACHA (S Doyle), MAJOR RIO (S Collett) and specifically pointed out Mr Smith’s mount, DI’S BOY which had drawn barrier five. Shortly after the start he submitted that there was inwards movement from DI’S BOY, putting pressure onto MAJOR RIO which had the resultant effect of dictating Miss Collett inwards into the line of LA MUCHACHA. This movement required Mr Doyle to check his mount due to running out of racing room. Mr Whiterod submitted that the stewards believed Mr Doyle was entitled to his rightful line of running at the time of the inwards movement. It was their view that he was in a gap and had to check as a result of the outwards pressure from DI’s BOY onto MAJOR RIO. Further, Mr Whiterod submitted that there was no pressure to the outside of Mr Smith’s mount at the time of the inwards movement taking place; he used the film to identify a clear gap between DI’s BOY and the horse racing to its outside. He concluded his submission by stating that Mr Smith had simply moved inwards when not the required distance clear and this had put the pressure on the other runners to his inside.
When invited to make a submission, Mr Smith indicated that his horse had been known to be a “bad hanger”. He advised the committee that on one side of its bit was a rubber round that had around 50 sharp points to act as a deterrent for the hanging action. However, Mr Smith accepted that he was going forward and that he did cut across, but that the angled position of DI’S BOY’s head on the head-on film at the time of the inwards movement supported his view that the horse is a hanger.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was found to be proved.
sumissionsforpenalty:
In presenting Mr Smith’s record, Mr Neal indicated he had been suspended on only one occasion within the previous 12 months; at Hawkes Bay in July 2011. He stated that Mr Smith was an active rider who rides at most Central District meetings. Mr Neal considered Mr Smith as a good rider with an excellent riding record who, did not regularly come to the attention of the stewards. He submitted that the stewards believed the level of carelessness was at the low end, and that it was simply an error of judgement on Mr Smith’s part. Nonetheless, the effect on LA MUCHACHA had been at a critical point after the start where Mr Doyle was trying to maintain his position. Mr Neal, for the stewards, submitted that given all the circumstances a suspension in the vicinity of three (3) days would be appropriate.
Mr Smith indicated that he would like a period of suspension, if imposed, to commence as soon as possible. He also stated that he did not want to avail himself of the seven day deferral option. He submitted that he was a New Zealand Jockey Licence holder, and as such was entitled to ride at all domestic meetings if he chose to. He also stated that he had just started riding for Mr Hapeta at Byerley Park, and that an invitation to venture north to ride his horses had been forthcoming. In light of this statement, the committee sought clarification as to whether he had been engaged for any upcoming northern meetings, and clarification as to the last time he rode at Whangarei, Te Aroha or Waipa locations. Mr Smith indicated he did not have any upcoming northern engagements, that he would not intend to ride as far north as Whangarei, and that he had not ridden at Te Aroha or Waipa within the last 12 months.
reasonsforpenalty:
The committee had regard to all of the submissions put before it. We believed that Mr Smith had made an error of judgement in commencing an inwards movement shortly after the start, when not the required distance clear before undertaking such a manoeuvre. It was evident from the films that there was an effect on MAJOR RIO, but the most inconvenience was caused to LA MUCHACHA. Mr Doyle was entitled to be where he was, at a time in the race, shortly after the start, where tactics and initial placement are important. However, the committee placed this level of carelessness at the low-range and believed that a period of suspension was an appropriate penalty to impose on this occasion, and adopted a starting point of five (5) days. In mitigation, the committee considered Mr Smith’s early admittance of the breach, the low level of carelessness and what could be considered Mr Smith’s extremely good riding record. On balance it was decided that a three (3) day period of suspension would be appropriate.
The penalty imposed needed to reflect the actual race meetings it is likely that Mr Smith will or would ride at, based on the evidence placed before the judicial committee. Mr Smith is to be considered as a Central Districts rider and the period of suspension must reflect the inclusion of meetings at which he was highly likely to have had genuine engagements. The evidence suggests that he had not ridden at northern meetings recently, with no pending engagements for the specific upcoming Whangarei, Te Aroha or Waipa meetings. Therefore it was considered inappropriate to include these within the three day quantum. It was also considered inappropriate to include the Hawkes Bay Meeting on 24 May as this is a Jumps, Apprentice and Amateur riders meeting, for which Mr Smith would not have been riding at.
penalty:
Mr Smith’s licence to ride in races will be suspended from the conclusion of racing on Saturday 12th May 2012 until the conclusion of racing on Saturday 26th May 2012. This is a total of three (3) days. This incorporates the Egmont (17th), Rangitikei (19th) and Wellington (26th) meetings.
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: Mr R Neal - Stipendiary Steward
JockeysandTrainer: Mr K Smith - Licensed Jockey (Rider of DI'S BOY)
Otherperson: Mr G Whiterod - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 4ff066505676deab19c8fca05696bd09
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 73e10a8966e2a1d5695e5b7d9feacea2
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/05/2012
meet_title: Taranaki RC - 12 May 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TUtikere", "Member": "", "OtherExpenses": "0", "KMs": "500", "Total": "310.0", "kmprice": 310.0, "Approved": "on"}]
meet_otherexp:
tracklocation: taranaki-rc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: ISmith
meet_pm2: none
name: Taranaki RC