Waikato RC 16 August 2014 – R 3
ID: JCA12323
Code:
Thoroughbred
Meet Title:
Waikato RC - 16 August 2014
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2014/08/16
Race Number:
R4
Decision:
As Miss Smyth admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a suspension on Miss Smyth which will commence after racing on August 16 and conclude after racing on 28 August 2014 (5 North Island days).
Facts:
Following the running of race 3, Jorja’s 11th Birthday 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Miss Smyth permitted her mount SING FOR THE SUN to shift outwards when not sufficiently clear of RUBY TUESDAY which was checked near the 300 metres.
Miss Smyth acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach. Mr P Shailer assisted Miss Smyth 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 Coles identified on the video films that passing the 350 metres RAISEDINASANDSPIT was racing on the outside of RUBY TUESDAY and initially shifted in a fraction. He then pointed out that near the 300 metres Miss Smyth allowed SING FOR THE SUN to shift out 1 ½ horse widths when not sufficiently clear. In doing so she took the rightful running line of RUBY TUESDAY which was forced onto the heels of RAISEDINASANDSPIT and checked.
Miss Smyth freely admitted the breach and felt that RUBY TUESDAY was tiring at the time of the incident.
Mr Shailer reiterated Miss Smyth’s evidence and added Miss Smyth was doing her best to win the race.
Submissions for Penalty:
Mr Oatham produced Miss Smyth's record which showed 4 previous breaches under this Rule in the last 12 months, the most recent being on 5th April 2014 which attracted a 6 day suspension. He said the level of carelessness was mid - range and a 4 to 5 day suspension would be appropriate.
Miss Smyth advised that she had no upcoming engagements and any proposed suspension could start immediately. Miss Smyth requested her suspension be completed by August 30 to allow her to ride at Ruakaka.
Mr Shailer had nothing further to add.
In response to questions from the Committee, Miss Smyth confirmed that she rode only in the North Island and had no engagements at Wanganui on August 17.
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. The mitigating fact is Miss Smyth’s admission of the breach. Aggravating factors are we assess Miss Smyth’s record as below average, this being her 5th breach of this Rule in the last 12 months. The level of carelessness we assess as mid – range.
The Wanganui meeting on August 17 was not included in Miss Smyth’s penalty as declaration of riders had closed and she had no engagements.
After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.
JCA Decision Fields (raw)
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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: 4ec4144208d1889b1236e372d2bf4659
informantnumber: A6588
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 05/08/2014
hearing_title: Waikato RC 16 August 2014 - R 3
charge:
facts:
Following the running of race 3, Jorja’s 11th Birthday 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Miss Smyth permitted her mount SING FOR THE SUN to shift outwards when not sufficiently clear of RUBY TUESDAY which was checked near the 300 metres.
Miss Smyth acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach. Mr P Shailer assisted Miss Smyth 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 Coles identified on the video films that passing the 350 metres RAISEDINASANDSPIT was racing on the outside of RUBY TUESDAY and initially shifted in a fraction. He then pointed out that near the 300 metres Miss Smyth allowed SING FOR THE SUN to shift out 1 ½ horse widths when not sufficiently clear. In doing so she took the rightful running line of RUBY TUESDAY which was forced onto the heels of RAISEDINASANDSPIT and checked.
Miss Smyth freely admitted the breach and felt that RUBY TUESDAY was tiring at the time of the incident.
Mr Shailer reiterated Miss Smyth’s evidence and added Miss Smyth was doing her best to win the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Smyth admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Miss Smyth's record which showed 4 previous breaches under this Rule in the last 12 months, the most recent being on 5th April 2014 which attracted a 6 day suspension. He said the level of carelessness was mid - range and a 4 to 5 day suspension would be appropriate.
Miss Smyth advised that she had no upcoming engagements and any proposed suspension could start immediately. Miss Smyth requested her suspension be completed by August 30 to allow her to ride at Ruakaka.
Mr Shailer had nothing further to add.
In response to questions from the Committee, Miss Smyth confirmed that she rode only in the North Island and had no engagements at Wanganui on August 17.
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. The mitigating fact is Miss Smyth’s admission of the breach. Aggravating factors are we assess Miss Smyth’s record as below average, this being her 5th breach of this Rule in the last 12 months. The level of carelessness we assess as mid – range.
The Wanganui meeting on August 17 was not included in Miss Smyth’s penalty as declaration of riders had closed and she had no engagements.
After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.
penalty:
Accordingly, we impose a suspension on Miss Smyth which will commence after racing on August 16 and conclude after racing on 28 August 2014 (5 North Island days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Miss R Smyth - Apprentice Rider of SING FOR THE SUN, Mr P Shailer - Trainer assisting Miss Smyth
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9619610961d1878d301d4b9eb39d44fc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bcd21108bbceeb5c9a0e23ab7f478ee7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/08/2014
meet_title: Waikato RC - 16 August 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Waikato RC