Waikato RC 14 December 2013 – R 7
ID: JCA12910
Code:
Thoroughbred
Meet Title:
Waikato RC - 14 December 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2013/12/14
Race Number:
R 7
Decision:
As Mr Norvall admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a suspension on Mr Norvall which will commence after racing on 15 December and conclude after racing on 23 December 2013 (4 North Island days).
The penalty did not include any South Island meetings as Mr Norvall confirmed that he did not intend riding at any upcoming South Island meetings.
Facts:
Following the running of race 7, WAIKATO TIMES GOLD CUP, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham alleged that Mr Norvall permitted his mount NOBLE WARRIOR to shift inwards near the 1400 metres when not sufficiently clear of HIACE which was checked.
Mr Norvall acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1) (d) states: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
This charge was initially denied by Mr Norvall. However, after evidence was given by Mr Williamson and Ms Collett, Mr Norvall sought leave to change his plea to an admission of the breach. This was granted by the Committee and the information was amended accordingly.
Mr Williamson demonstrated the incident on the video films, he said Mr Norvall was racing outside the leader HIACE approaching the 1400 metres. He said Mr Norvall’s moved forward looking to take up the lead when he shifted into the running line of HIACE when only a bare length clear. This resulted in Ms Collett having to restrain her mount which was checked.
Mr Norvall asked Mr Williamson whether the video films confirmed that he crossed Ms Collett before she took hold of her mount.
In response Mr Williamson stated that Ms Collett did take a hold of her mount to avoid NOBLE WARRIOR heels.
Miss Collett advised the Committee that NOBLE WARRIOR crossed her mount when not the required distance clear. She said the inward movement was abrupt which required her to take hold of her mount. Miss Collett conceded she ended up in the trail where she had planned to be positioned.
Mr Norvall did not wish to cross examine Miss Collett.
Mr Norvall thought he was clear and believed he never actually crossed over Miss Collett at the time her mount was checked. However, at this point in the hearing having heard from Mr Williamson and Miss Collett he conceded he was not the required distance clear and sought to change his plea.
Submissions for Penalty:
Mr Oatham produced Mr Norvall’s record which showed no previous breaches under this Rule in the last 12 months. He assessed the level of carelessness as low end and was of the view that NOBLE WARRIOR may have pulled up when reaching the lead. He said the interference occurred due to the muddling pace of the race. He described Mr Norvall’s record as excellent but noted the aggravating fact was the status of the race (Group 3, $100,000 stake). He submitted a 5 day suspension would be appropriate.
Mr Norvall advised the Committee his proposed suspension could start after racing on December 15. Mr Norvall confirmed he rode only in the North Island and accepted a 5 day suspension would be appropriate.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Norvall’s admission of the breach, his excellent record in relation to this Rule and we assess the level of carelessness as low. The aggravating fact is the status of the race being a Group 3 carrying a stake of $100,000.
After taking into account all the above and placing emphasis on the mitigating factors we consider an appropriate penalty is a 4 day suspension.
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: 6783e3f5d47a303f69ff63a3d67dec77
informantnumber: A2929
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 11/12/2013
hearing_title: Waikato RC 14 December 2013 - R 7
charge:
facts:
Following the running of race 7, WAIKATO TIMES GOLD CUP, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham alleged that Mr Norvall permitted his mount NOBLE WARRIOR to shift inwards near the 1400 metres when not sufficiently clear of HIACE which was checked.
Mr Norvall acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1) (d) states: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
This charge was initially denied by Mr Norvall. However, after evidence was given by Mr Williamson and Ms Collett, Mr Norvall sought leave to change his plea to an admission of the breach. This was granted by the Committee and the information was amended accordingly.
Mr Williamson demonstrated the incident on the video films, he said Mr Norvall was racing outside the leader HIACE approaching the 1400 metres. He said Mr Norvall’s moved forward looking to take up the lead when he shifted into the running line of HIACE when only a bare length clear. This resulted in Ms Collett having to restrain her mount which was checked.
Mr Norvall asked Mr Williamson whether the video films confirmed that he crossed Ms Collett before she took hold of her mount.
In response Mr Williamson stated that Ms Collett did take a hold of her mount to avoid NOBLE WARRIOR heels.
Miss Collett advised the Committee that NOBLE WARRIOR crossed her mount when not the required distance clear. She said the inward movement was abrupt which required her to take hold of her mount. Miss Collett conceded she ended up in the trail where she had planned to be positioned.
Mr Norvall did not wish to cross examine Miss Collett.
Mr Norvall thought he was clear and believed he never actually crossed over Miss Collett at the time her mount was checked. However, at this point in the hearing having heard from Mr Williamson and Miss Collett he conceded he was not the required distance clear and sought to change his plea.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Norvall admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Norvall’s record which showed no previous breaches under this Rule in the last 12 months. He assessed the level of carelessness as low end and was of the view that NOBLE WARRIOR may have pulled up when reaching the lead. He said the interference occurred due to the muddling pace of the race. He described Mr Norvall’s record as excellent but noted the aggravating fact was the status of the race (Group 3, $100,000 stake). He submitted a 5 day suspension would be appropriate.
Mr Norvall advised the Committee his proposed suspension could start after racing on December 15. Mr Norvall confirmed he rode only in the North Island and accepted a 5 day suspension would be appropriate.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Norvall’s admission of the breach, his excellent record in relation to this Rule and we assess the level of carelessness as low. The aggravating fact is the status of the race being a Group 3 carrying a stake of $100,000.
After taking into account all the above and placing emphasis on the mitigating factors we consider an appropriate penalty is a 4 day suspension.
penalty:
Accordingly, we impose a suspension on Mr Norvall which will commence after racing on 15 December and conclude after racing on 23 December 2013 (4 North Island days).
The penalty did not include any South Island meetings as Mr Norvall confirmed that he did not intend riding at any upcoming South Island meetings.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr R Norvall - Rider of NOBLE WARRIOR
Otherperson: Ms S Collett - Rider of HIACE, Mr M Williamson -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a75eda2231aa539cfd9580476ebd8163
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:
race_pm1:
race_pm2:
meetid: 7b7b732e8f56f672eecd651393754622
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/12/2013
meet_title: Waikato RC - 14 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Waikato RC