Archive Decision
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Taranaki TRI 6 December 2012 – R7
ID: JCA10812
Code:
Thoroughbred
Meet Title:
Taranaki RC - 6 December 2012
Meet Chair:
ISmith
Meet Committee Member 1:
PWilliams
Race Date:
2012/12/06
Race Number:
R7
Decision:
As Mr Oliver admitted the breach the charge was found proved.
Penalty:
Mr Oliver is suspended for 3 riding days from the close of racing on Sunday 9 December 2012 to the close of racing on Thursday 13 December 2012 – the 3 days being Counties (10 December), Ellerslie (12 December) and Hawkes Bay (13 December).
Charge:
Following the running of race 7, information A3101 was filed by Stipendiary Steward Mr N Goodwin under rule 638(1)(d). The information stated “that J Oliver the ride of LA MANZANILLA angled his mount inwards approaching the 1200 metres into the line of YARDSTICK which was checked”.
Mr Oliver signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the rule under which he was charged. As this was his first appearance before the JCA the procedure to be followed was explained to Mr Oliver.
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.
Facts:
Mr Goodwin used the head on film to show Mr Oliver in a position of 2-3 horse widths off the running rail after approximately 200m of the race. He said at this point Mr Oliver looked to his inside, started to angle across to the rail, looked inside again but as he continued to move inwards he hampered and inconvenienced Mr Lammas on “Yardstick. He said Mr Oliver was never the required distance clear and as a result Mr Lammas lost ground in the incident.
Mr Barlow said Mr Oliver had thought he was clear of Mr Lammas and had simply misjudged how far he was in front of him.
To a question from the Committee Mr Oliver confirmed he knew he was required to be his horse’s length clear plus another before making any inwards or outwards movement.
Submissions for Penalty:
Mr Goodwin said this was Mr Oliver’s first race day charge. He said he had recently commenced his riding career and to date had had 80 rides. He submitted a period of suspension was an appropriate penalty.
Mr Oliver had the 7 day deferment rule explained to him and was asked to contact his employer, Mr Rogerson, to seek his advice as to whether he should seek any deferment of a suspension should one be imposed. On the resumption of the hearing Mr Oliver said that he did not wish to seek a deferment of a suspension if one was given.
Reasons for Penalty:
The Committee has reviewed the films of the incident and taken into account the submissions of both parties. The film clearly shows Mr Oliver moving across in front of Mr Lammas denying him his rightful line of running and hampering him for a few strides. The Committee agrees Mr Oliver misjudged the distance he thought he was in front of Mr Lammas and notes that he did look across twice during the move rather than coming across with no regard for those inside him. We believe the severity of the incident is in the low to mid range. The interference caused to Mr Lammas must be reflected in an appropriate penalty which we have decided is a period of suspension.
From a starting point of 5 days we have taken into account this is Mr Oliver’s first breach of the careless riding rule and his admittance of the breach. We have also taken into account penalties given to other riders in recent months who have breached the rule for the first time and have decided a 3 day suspension is an appropriate penalty.
JCA Decision Fields (raw)
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hearingid: 0af0dd3f0c7e1a408d93520baa7aae21
startdate: no date provided
hearing_title: Taranaki TRI 6 December 2012 - R7
charge:
Following the running of race 7, information A3101 was filed by Stipendiary Steward Mr N Goodwin under rule 638(1)(d). The information stated “that J Oliver the ride of LA MANZANILLA angled his mount inwards approaching the 1200 metres into the line of YARDSTICK which was checked”.
Mr Oliver signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the rule under which he was charged. As this was his first appearance before the JCA the procedure to be followed was explained to Mr Oliver.
Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.
facts:
Mr Goodwin used the head on film to show Mr Oliver in a position of 2-3 horse widths off the running rail after approximately 200m of the race. He said at this point Mr Oliver looked to his inside, started to angle across to the rail, looked inside again but as he continued to move inwards he hampered and inconvenienced Mr Lammas on “Yardstick. He said Mr Oliver was never the required distance clear and as a result Mr Lammas lost ground in the incident.
Mr Barlow said Mr Oliver had thought he was clear of Mr Lammas and had simply misjudged how far he was in front of him.
To a question from the Committee Mr Oliver confirmed he knew he was required to be his horse’s length clear plus another before making any inwards or outwards movement.
Decision:
As Mr Oliver admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Goodwin said this was Mr Oliver’s first race day charge. He said he had recently commenced his riding career and to date had had 80 rides. He submitted a period of suspension was an appropriate penalty.
Mr Oliver had the 7 day deferment rule explained to him and was asked to contact his employer, Mr Rogerson, to seek his advice as to whether he should seek any deferment of a suspension should one be imposed. On the resumption of the hearing Mr Oliver said that he did not wish to seek a deferment of a suspension if one was given.
reasonsforpenalty:
The Committee has reviewed the films of the incident and taken into account the submissions of both parties. The film clearly shows Mr Oliver moving across in front of Mr Lammas denying him his rightful line of running and hampering him for a few strides. The Committee agrees Mr Oliver misjudged the distance he thought he was in front of Mr Lammas and notes that he did look across twice during the move rather than coming across with no regard for those inside him. We believe the severity of the incident is in the low to mid range. The interference caused to Mr Lammas must be reflected in an appropriate penalty which we have decided is a period of suspension.
From a starting point of 5 days we have taken into account this is Mr Oliver’s first breach of the careless riding rule and his admittance of the breach. We have also taken into account penalties given to other riders in recent months who have breached the rule for the first time and have decided a 3 day suspension is an appropriate penalty.
penalty:
Mr Oliver is suspended for 3 riding days from the close of racing on Sunday 9 December 2012 to the close of racing on Thursday 13 December 2012 – the 3 days being Counties (10 December), Ellerslie (12 December) and Hawkes Bay (13 December).
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr J Oliver - Licensed Apprentice Jockey
Otherperson: Mr L Tidmarsh - Stipendiary Steward, Mr G Barlow - Assisting Mr Oliver
raceid: 9204222514fc7c567a6190922d77e948
meetid: d08fce4de6dedebaf838386765dbb8b6
meet_title: Taranaki RC - 6 December 2012
tracklocation: taranaki-rc
meet_racingtype: thoroughbred-racing
