Waikato RC 15 August 2015 – R 7 – Chair, Mr A Dooley
ID: JCA10890
Code:
Thoroughbred
Meet Title:
Waikato RC - 15 August 2015
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2015/08/15
Race Number:
Race 7
Decision:
As Mr Parkes admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Parkes had his license to ride in races suspended for a period to commence after racing on 15 August and conclude after racing on 5 September 2015 (6 days).
That period of suspension encompasses meetings at Taupo August 19, Woodville August 20, New Plymouth August 22, Hastings August 29, Otaki September 3 and Wanganui September 5.
The meeting at Hawera on August 27 is scheduled for Apprentice, Jump and Amateur Riders.
The penalty did not include any Northern Region Industry Days outside of Taupo because Mr Parkes has no recent history of riding at these meetings. This is in accordance with the Penalty Guide effective 1 May 2015.
The penalty also did not include any South Island meetings as Mr Parkes confirmed that did not intend riding there.
Facts:
Following the running of race 7. Lisa Chittick Foxbridge Plate Group 2, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Parkes angled his mount KAWI outwards near the 250 metres when not sufficiently clear of WHOSYOURMASTER which was checked.
Mr Parkes acknowledged that he understood the nature of the charge, and confirmed his admission of the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Robinson had already outlined the incident during the protest hearing. For this breach he identified on the video footage that Mr Parkes angled his mount KAWI out near the 250 metres when only a bare length clear of WHOSYOURMASTER which was checked.
Mr Parkes stated that he edged KAWI out for a run and was unaware Mr McNab was so close to him. He acknowledged that he was not the required distance clear when angling out.
Submissions for Penalty:
Mr Oatham produced Mr Parkes' record which showed one previous breach under this Rule in the last 12 months which incurred a 4 day suspension. He said Mr Parkes has admitted the breach and described his record as good. He submitted the aggravating factors were the status of the race being a Group 2 worth $100,000 and KAWI was relegated from 2nd place. He added the consequences meant the connections and betting public were affected and WHOSYOURMASTER was denied a much higher placing. He assessed the incident in the mid – high range of carelessness and submitted a 6 to 8 day suspension would be warranted.
Mr Parkes advised that he would like his proposed suspension to start immediately and he had been released from a ride at Taupo on 19 August. He told the Committee that he would like to be back riding KAWI on August 29 at Hastings and asked us to consider a suspension and a fine. He submitted that he had a good record.
In response to questions from the Committee, Mr Parkes submitted that he was a North Island rider who rarely goes south. He advised that he rode at the recent Christchurch meeting but had no commitments to ride there in the near future. He admitted that he has no recent history of riding in the Northern Region on Industry days and Mr Oatham was unable to provide any records to the contrary.
The Committee read aloud the Penalty Guide section which relates to calculation of days for Mr Parkes because he told the Committee he was not aware of the new policy.
Mr Parkes advised that he recently had an opportunity to ride horses for the Rogerson stable at the Te Teko trials. However, Mr Parkes was forthright in that those trial rides had not resulted in him having any recent history of riding in the Northern Region on Industry days.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr Parkes' admission of the breach, and his very good record in relation to this Rule for which he has been given credit. However, this has to be balanced against the aggravating factors. The consequences of Mr Parkes’ actions resulted in KAWI being relegated from 2nd to 5th place. This affected KAWI’S connections and the betting public who had invested on him.
The Committee has also factored into our decision the requirements of Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule; and/or
(d) the need to maintain integrity and public confidence in racing.
The Committee has assessed the level of carelessness at mid-range. This is based on the fact that Mr Parkes angled his mount outwards when only a bare length clear. The impact of the carelessness was that WHOSYOURMASTER was interfered for about 7 strides and it cost that horse valuable momentum when it was running on strongly. The interference clearly cost WHOYOURMASTER the opportunity to finish in a better placing and its connections significant stake money.
We have noted the status of the race (Group 2), and the $100,000 stake.
The Committee has also had due regard for the fact that any proposed suspension would inevitably include the Hastings Racing Club premier meeting on August 29 in which KAWI was nominated for a Group 1 race worth $200,000. The Committee factored into our decision the financial impact and significance for Mr Parkes. We informed Mr Parkes had it not been for the Hastings Premier meeting on August 29 he would have normally incurred a higher penalty.
The Committee did consider Mr Parkes' request for a fine and suspension but advised him that it was not applicable for this breach.
After taking into account all the above factors the Committee considers an appropriate suspension is 6 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: 0e452100cc7d9ab4194ba5ef39859bb1
informantnumber: A6918
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 16/08/2015
hearing_title: Waikato RC 15 August 2015 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7. Lisa Chittick Foxbridge Plate Group 2, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Parkes angled his mount KAWI outwards near the 250 metres when not sufficiently clear of WHOSYOURMASTER which was checked.
Mr Parkes acknowledged that he understood the nature of the charge, and confirmed his admission of the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Robinson had already outlined the incident during the protest hearing. For this breach he identified on the video footage that Mr Parkes angled his mount KAWI out near the 250 metres when only a bare length clear of WHOSYOURMASTER which was checked.
Mr Parkes stated that he edged KAWI out for a run and was unaware Mr McNab was so close to him. He acknowledged that he was not the required distance clear when angling out.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Parkes admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Parkes' record which showed one previous breach under this Rule in the last 12 months which incurred a 4 day suspension. He said Mr Parkes has admitted the breach and described his record as good. He submitted the aggravating factors were the status of the race being a Group 2 worth $100,000 and KAWI was relegated from 2nd place. He added the consequences meant the connections and betting public were affected and WHOSYOURMASTER was denied a much higher placing. He assessed the incident in the mid – high range of carelessness and submitted a 6 to 8 day suspension would be warranted.
Mr Parkes advised that he would like his proposed suspension to start immediately and he had been released from a ride at Taupo on 19 August. He told the Committee that he would like to be back riding KAWI on August 29 at Hastings and asked us to consider a suspension and a fine. He submitted that he had a good record.
In response to questions from the Committee, Mr Parkes submitted that he was a North Island rider who rarely goes south. He advised that he rode at the recent Christchurch meeting but had no commitments to ride there in the near future. He admitted that he has no recent history of riding in the Northern Region on Industry days and Mr Oatham was unable to provide any records to the contrary.
The Committee read aloud the Penalty Guide section which relates to calculation of days for Mr Parkes because he told the Committee he was not aware of the new policy.
Mr Parkes advised that he recently had an opportunity to ride horses for the Rogerson stable at the Te Teko trials. However, Mr Parkes was forthright in that those trial rides had not resulted in him having any recent history of riding in the Northern Region on Industry days.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr Parkes' admission of the breach, and his very good record in relation to this Rule for which he has been given credit. However, this has to be balanced against the aggravating factors. The consequences of Mr Parkes’ actions resulted in KAWI being relegated from 2nd to 5th place. This affected KAWI’S connections and the betting public who had invested on him.
The Committee has also factored into our decision the requirements of Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule; and/or
(d) the need to maintain integrity and public confidence in racing.
The Committee has assessed the level of carelessness at mid-range. This is based on the fact that Mr Parkes angled his mount outwards when only a bare length clear. The impact of the carelessness was that WHOSYOURMASTER was interfered for about 7 strides and it cost that horse valuable momentum when it was running on strongly. The interference clearly cost WHOYOURMASTER the opportunity to finish in a better placing and its connections significant stake money.
We have noted the status of the race (Group 2), and the $100,000 stake.
The Committee has also had due regard for the fact that any proposed suspension would inevitably include the Hastings Racing Club premier meeting on August 29 in which KAWI was nominated for a Group 1 race worth $200,000. The Committee factored into our decision the financial impact and significance for Mr Parkes. We informed Mr Parkes had it not been for the Hastings Premier meeting on August 29 he would have normally incurred a higher penalty.
The Committee did consider Mr Parkes' request for a fine and suspension but advised him that it was not applicable for this breach.
After taking into account all the above factors the Committee considers an appropriate suspension is 6 days.
penalty:
Accordingly, Mr Parkes had his license to ride in races suspended for a period to commence after racing on 15 August and conclude after racing on 5 September 2015 (6 days).
That period of suspension encompasses meetings at Taupo August 19, Woodville August 20, New Plymouth August 22, Hastings August 29, Otaki September 3 and Wanganui September 5.
The meeting at Hawera on August 27 is scheduled for Apprentice, Jump and Amateur Riders.
The penalty did not include any Northern Region Industry Days outside of Taupo because Mr Parkes has no recent history of riding at these meetings. This is in accordance with the Penalty Guide effective 1 May 2015.
The penalty also did not include any South Island meetings as Mr Parkes confirmed that did not intend riding there.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr J Parkes - Class A Licensed Jockey
Otherperson: Mr W Robinson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 88ab15b4ed8a9e18ef8a4bc59ad33cac
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/08/2015
meet_title: Waikato RC - 15 August 2015
meet_expappcomment:
meet_km:
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tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Waikato RC