Waikato RC – 10 November 2007 – Race 2

hearingid: f2d80d2a37b1b8f45620eee9cde00574

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 10/11/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Waikato RC - 10 November 2007 - Race 2

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following Race 2 an information was filed by the informant Mr J Oatham under Rule 871 (1) (d) when it was alleged that B R Jones rider of CAPISTRANO ANGEL permitted his mount to shift in when not sufficiently clear

Following Race 2 an information was filed by the informant Mr J Oatham under Rule 871 (1) (d) when it was alleged that B R Jones rider of CAPISTRANO ANGEL permitted his mount to shift in when not sufficiently clear of LOVEDALE ridden by R Plumb, dictating this horse inwards which resulted in a check to CAPE LE PAUL ridden by T Thornton, approximately 175 metres after the start.

Mr Jones denied the charge.

Assistant Stipendiary Steward Mr W Robinson demonstrated the video films and gave his interpretation of the alleged interference. He showed soon after the start Mr Jones moving inwards and dictating the line of LOVEDALE, ridden by R Plumb, when only 3/4 length clear of that runner. Mr Robinson showed that, as a result of the inward movement from Mr Jones, LOVEDALE was forced into the line of CAPE LE PAUL, ridden by T Thornton, who received a severe check. Mr Robinson conceded there was some outward movement from the inside but this he claimed was after the initial tightening caused by Mr Jones moving in.

Mrs Thornton, rider of CAPE LE PAUL, was called and said there was tightening which she though was initially from the inside and then from the outside for 2 - 3 strides. After viewing the film she agreed the initial movement was from the outside.

Mr R Plumb, rider of LOVEDALE, said Mr Jones did drift in and was approximately 1 length clear of him at the time. He said he was inside Mr Jones' heels and he moved in to avoid trouble. He said he was moved in 2 horse widths.

Mr R Jones claimed he was always clear of Mr Plumb and the pressure received by Mrs Thornton came from the inside.

Mr Oatham said in his opinion Mr Jones dictated the line of Mr Plumb and was not the required distance clear when doing so. He said Mr Plumb gave clear evidence that he was dictated in approximately 2 horse widths and after viewing the film agreed the initial pressure was from the outside.

The Committee has carefully considered all submissions and repeated viewing the relevant films. We prefer the evidence of Mr Oatham and his witnesses.

In our opinion, Mr Jones is clearly in breach of the Rule because he moved in and dictated the line of Mr Plumb's mount when not the required distance clear of that runner. Accordingly, we found him guilty as charged.

PENALTY

The Committee considered all submissions and took into account the following :

--

--

• Mr Oatham's submissions giving Mr Jones' record showing 3 charges in the last 12 months. He said it was a fair record but believed a suspension was appropriate.
--

--

--

• Mr Jones believed he should not have been charged in the first place as the interference was caused by the inside horses. He asked for a deferral of 7 days which Mr Oatham did not object to.
--

The Committee considered all submissions including Mr Jones' record and in delivering penalty answered Mr Jones' submission that he should not have been charged because the interference was caused by the inside horses. Mr Jones was told the outwards movement from the inside horses was completely apart from his breach of the Rule in allowing his mount to dictate Mr Plumb's line by moving in when insufficiently clear.

Accordingly we agree to Mr Jones' request for deferral and impose a suspension to start after racing on the 17^th of November 2007 and conclude after racing on the 22^nd of November 2007 (3 days).

R M Seabrook                       D Johnstone

CHAIRMAN

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 871.1.d

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: d4de1320e46a9a2eda748a1606706e01

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 2

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: bed560917b547a2a054c297deec327dc

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 10/11/2007

meet_title: Waikato RC - 10 November 2007

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: waikato-rc

meet_racingtype: thoroughbred-racing

meet_chair:

meet_pm1:

meet_pm2:

name: Waikato RC