Archive Decision

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Waikato RC – 13 February 2010 – Race 5

ID: JCA19136

Hearing Type:
Old Hearing

Rules:
638.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Waikato RC - 13 February 2010

Race Date:
2010/02/13

Race Number:
Race 5

Decision:

INFORMATION NUMBER 349

--

WAIKATO RACING CLUB

--

13 February 2010

--

Following Race 5 an Information was filed pursuant to rule 638 (1) (D).  The Informant, Mr Oatham, alleged that Mr Innes permitted his mount NOVEMBER RAIN to shift outwards passing the 400 metres when not sufficiently clear and badly hampering UTOPIA (C Ormsby).

--

 



INFORMATION NUMBER 349

--

WAIKATO RACING CLUB

--

13 February 2010

--

Following Race 5 an Information was filed pursuant to rule 638 (1) (D).  The Informant, Mr Oatham, alleged that Mr Innes permitted his mount NOVEMBER RAIN to shift outwards passing the 400 metres when not sufficiently clear and badly hampering UTOPIA (C Ormsby).

--

Mr Innes pleaded guilty to the charge.

--

Mr Williamson demonstrated the video films which showed at a point near the 400 metres, Mr Innes riding NOVEMBER RAIN, racing in a position down on the rail.  Shortly after this it was clear that Mr Innes moved out from the rail searching for better racing room.  However in doing so he moved into the line of UTOPIA (C Ormsby) when only one length clear.  This hampered UTOPIA for 2 or 3 strides requiring Mr Ormsby to take a hold of his mount.

--

Mr Innes said his mount was still green and he had expected it to be harder for him to pull out than it was.  He said he was travelling well at the time and he moved out to get off LA COLLINA’S heels in front of him.

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PENALTY SUBMISSIONS

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Mr Oatham produced Mr Innes’ record which showed 5 charges in the last 12 months.  However he has had a clean record since October.  He reminded the Committee this was a Group 2 race for a $100,000 stake.  He said Mr Innes was not entitled to move out when he did.  Mr Oatham submitted a 6 – 7 day suspension would be appropriate and a fine of $500 - $1000. 

--

PENALTY

--

The Committee carefully considered all the evidence and submissions before imposing an appropriate penalty.  Mitigating factors in this case were the greenness of Mr Innes’ mount, his guilty plea, and the consequences of the interference.  We find that UTOPIA, who was interfered with by Mr Innes’ actions, was not travelling well at the time so the consequences were relatively minor.  Aggravating factors were Mr Innes’ record of 5 charges in the last 12 months and his carelessness on this occasion by moving out when not the required distance clear.  Also taken into account was that this infringement occurred in a Group2 race for $100,000.

--

Taking all the above factors into account we accordingly impose a suspension on Mr Innes from riding in races which is to start after racing on 17/2/10 and conclude after racing on 25/2/10 (6 days)
In addition we impose a fine of $750.

--


Richard Seabrook
CHAIR
349

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: 2e531f170af0ff42b96b5c18f96b57f5


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 13/02/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Waikato RC - 13 February 2010 - Race 5


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

INFORMATION NUMBER 349

--

WAIKATO RACING CLUB

--

13 February 2010

--

Following Race 5 an Information was filed pursuant to rule 638 (1) (D).  The Informant, Mr Oatham, alleged that Mr Innes permitted his mount NOVEMBER RAIN to shift outwards passing the 400 metres when not sufficiently clear and badly hampering UTOPIA (C Ormsby).

--

 



INFORMATION NUMBER 349

--

WAIKATO RACING CLUB

--

13 February 2010

--

Following Race 5 an Information was filed pursuant to rule 638 (1) (D).  The Informant, Mr Oatham, alleged that Mr Innes permitted his mount NOVEMBER RAIN to shift outwards passing the 400 metres when not sufficiently clear and badly hampering UTOPIA (C Ormsby).

--

Mr Innes pleaded guilty to the charge.

--

Mr Williamson demonstrated the video films which showed at a point near the 400 metres, Mr Innes riding NOVEMBER RAIN, racing in a position down on the rail.  Shortly after this it was clear that Mr Innes moved out from the rail searching for better racing room.  However in doing so he moved into the line of UTOPIA (C Ormsby) when only one length clear.  This hampered UTOPIA for 2 or 3 strides requiring Mr Ormsby to take a hold of his mount.

--

Mr Innes said his mount was still green and he had expected it to be harder for him to pull out than it was.  He said he was travelling well at the time and he moved out to get off LA COLLINA’S heels in front of him.

--

PENALTY SUBMISSIONS

--

Mr Oatham produced Mr Innes’ record which showed 5 charges in the last 12 months.  However he has had a clean record since October.  He reminded the Committee this was a Group 2 race for a $100,000 stake.  He said Mr Innes was not entitled to move out when he did.  Mr Oatham submitted a 6 – 7 day suspension would be appropriate and a fine of $500 - $1000. 

--

PENALTY

--

The Committee carefully considered all the evidence and submissions before imposing an appropriate penalty.  Mitigating factors in this case were the greenness of Mr Innes’ mount, his guilty plea, and the consequences of the interference.  We find that UTOPIA, who was interfered with by Mr Innes’ actions, was not travelling well at the time so the consequences were relatively minor.  Aggravating factors were Mr Innes’ record of 5 charges in the last 12 months and his carelessness on this occasion by moving out when not the required distance clear.  Also taken into account was that this infringement occurred in a Group2 race for $100,000.

--

Taking all the above factors into account we accordingly impose a suspension on Mr Innes from riding in races which is to start after racing on 17/2/10 and conclude after racing on 25/2/10 (6 days)
In addition we impose a fine of $750.

--


Richard Seabrook
CHAIR
349


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hearing_type: Old Hearing


Rules: 638.1.d


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