Archive Decision

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Waikato RC 10 June 2017 – R 7 – Chair, Mr A Dooley

ID: JCA15879

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr D Danis - Apprentice Rider

Other Person:
Mr N Harris - Apprentice Jockey Mentor assisting Mr Danis, Mr B Jones - Stipendiary Steward

Information Number:
A9456

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 10 June 2017

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2017/06/10

Race Number:
R 7

Decision:

As Mr Danis admitted the breach the Committee found the charge proved.

Penalty:

The Committee grants a deferment to Mr Danis’s suspension as per Rule 1106(2).

Accordingly, Mr Danis had his license to ride in races suspended for a period to commence after racing on 17 June and conclude after racing on 25 June 2017 (5 days).

That period of suspension encompasses meetings at

18 June– Te Awamutu

21 June – Pukekohe

23 June – Otaki – Tier 2 Feature

24 June – Tauranga

25 June – Te Aroha

 

Facts:

Following the running of race 7, Ebbett Toyota 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Danis allowed his mount ROC DE BANK to shift out when not sufficiently clear of WRANGLER which was dictated wider for the majority of the final straight.

Mr Danis acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Danis at the hearing.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Jones using the available video footage identified that at the 400 metres Mr Danis was racing outside the leader and 1 off the running rail. He said that Mr Danis commenced to ride his mount forward with the whip when ROC DE BANK continued to shift out wider on the track in the final straight. He said that WRANGLER was inconvenienced on several occasions when ROC DE BANK continued to shift out. He was of the view that the interference probably cost WRANGLER 4th placing and possibly 3rd placing.

In answer to a question from the Committee, Mr Jones said that ROC DE BANK had shifted out a conservative 10 horse widths in the home straight.

Mr Jones further advised that the connections of the 5th placed WRANGLER viewed the video footage following the race but elected not to proceed with a protest against the winner ROC DE BANK.

Mr Danis said that he tried to correct his mount a few times in the final straight but the horse was hanging out.

Mr Harris said the amount of ground that Mr Danis shifted out in the final straight was a concern. He added that Mr Danis didn’t realise the quantity of ground he had shifted out. He noted that Mr Danis did stop riding his mount forward on 2 occasions in the final straight.

Submissions for Penalty:

Mr Williamson produced Mr Danis’s record which showed 1 previous breach of this Rule in the last 12 months. He said this was on 8 April 2017 where a 3 day suspension was imposed. He said that Mr Danis failed to take the appropriate action to prevent his mount from shifting out a considerable amount of ground in the final straight. He stated that WRANGLER was almost certainly denied 4th placing and perhaps 3rd placing. He said that Mr Danis was an inexperienced rider who has had 119 rides to date and submitted a low suspension is appropriate.

Mr Danis advised that he had engagements at Whangarei on 17 June and any proposed suspension could start after that date.

Mr Danis informed the Committee that he rode at Taranaki on 8 June - Apprentice rider’s day and added that he has travelled to the Central Districts when the opportunities were presented.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension.

When reviewing the incident it was evident that Mr Danis failed to take the necessary steps to stop his mount from running out over the final 400 metres. It was obvious that ROC DE BANK had moved out at least 10 horse widths in the home straight. This resulted in that runner dictating WRANGLER out of its rightful running line for the majority of the home straight. We deemed this to be an aggravating fact for which a 1 day uplift was applied.

The mitigating factors were Mr Danis’s admission of the breach and his good record for which a 1 day reduction was applied.

The Committee deemed the level of carelessness to be in the mid-range.

After taking into account all the above factors the Committee considered an appropriate suspension was 5 days.

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: df71bcac0a268a9b065ec3f40b37cde0


informantnumber: A9456


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 12/06/2017


hearing_title: Waikato RC 10 June 2017 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Ebbett Toyota 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Danis allowed his mount ROC DE BANK to shift out when not sufficiently clear of WRANGLER which was dictated wider for the majority of the final straight.

Mr Danis acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Danis at the hearing.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Jones using the available video footage identified that at the 400 metres Mr Danis was racing outside the leader and 1 off the running rail. He said that Mr Danis commenced to ride his mount forward with the whip when ROC DE BANK continued to shift out wider on the track in the final straight. He said that WRANGLER was inconvenienced on several occasions when ROC DE BANK continued to shift out. He was of the view that the interference probably cost WRANGLER 4th placing and possibly 3rd placing.

In answer to a question from the Committee, Mr Jones said that ROC DE BANK had shifted out a conservative 10 horse widths in the home straight.

Mr Jones further advised that the connections of the 5th placed WRANGLER viewed the video footage following the race but elected not to proceed with a protest against the winner ROC DE BANK.

Mr Danis said that he tried to correct his mount a few times in the final straight but the horse was hanging out.

Mr Harris said the amount of ground that Mr Danis shifted out in the final straight was a concern. He added that Mr Danis didn’t realise the quantity of ground he had shifted out. He noted that Mr Danis did stop riding his mount forward on 2 occasions in the final straight.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Danis admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Danis’s record which showed 1 previous breach of this Rule in the last 12 months. He said this was on 8 April 2017 where a 3 day suspension was imposed. He said that Mr Danis failed to take the appropriate action to prevent his mount from shifting out a considerable amount of ground in the final straight. He stated that WRANGLER was almost certainly denied 4th placing and perhaps 3rd placing. He said that Mr Danis was an inexperienced rider who has had 119 rides to date and submitted a low suspension is appropriate.

Mr Danis advised that he had engagements at Whangarei on 17 June and any proposed suspension could start after that date.

Mr Danis informed the Committee that he rode at Taranaki on 8 June - Apprentice rider’s day and added that he has travelled to the Central Districts when the opportunities were presented.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension.

When reviewing the incident it was evident that Mr Danis failed to take the necessary steps to stop his mount from running out over the final 400 metres. It was obvious that ROC DE BANK had moved out at least 10 horse widths in the home straight. This resulted in that runner dictating WRANGLER out of its rightful running line for the majority of the home straight. We deemed this to be an aggravating fact for which a 1 day uplift was applied.

The mitigating factors were Mr Danis’s admission of the breach and his good record for which a 1 day reduction was applied.

The Committee deemed the level of carelessness to be in the mid-range.

After taking into account all the above factors the Committee considered an appropriate suspension was 5 days.


penalty:

The Committee grants a deferment to Mr Danis’s suspension as per Rule 1106(2).

Accordingly, Mr Danis had his license to ride in races suspended for a period to commence after racing on 17 June and conclude after racing on 25 June 2017 (5 days).

That period of suspension encompasses meetings at

18 June– Te Awamutu

21 June – Pukekohe

23 June – Otaki – Tier 2 Feature

24 June – Tauranga

25 June – Te Aroha

 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr D Danis - Apprentice Rider


Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Danis, Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3741f94f5d32465287700b894102d7bd


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


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meetid: 390a8efec9b4990efd2f18c9355fde57


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meetdate: 10/06/2017


meet_title: Waikato RC - 10 June 2017


meet_expappcomment:


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tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Waikato RC