Waikato RC 17 April 2021 – R 3 – Chair, Mr N McCutcheon
ID: JCA10453
Code:
Thoroughbred
Meet Title:
Waikato RC - 17 April 2021
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
GJones
Race Date:
2021/04/17
Race Number:
R 3
Decision:
Based on the credible evidence presented to the Committee, we find the charge is proved to the requisite standard.
Penalty:
The Committee granted Ms McCall a deferment to her suspension pursuant to Rule 1106(2). Accordingly, her licence to ride in races is suspended for a period of 4 days commencing after racing 24 April 2021 and concluding after racing on 29 April 2021. In addition, we impose a $400 fine.
Facts:
This is a defended hearing arising from the running of Race 3, the Waikato Equine Veterinary Centre Stakes Prelude 1100m. Senior Stipendiary Steward Mr Williamson filed an Information pursuant to Rule 638 (1)(d) alleging Ms McCall “allowed her mount (MUSIGNY LASS) to shift in when not sufficiently clear of DRAGON BISCUIT and ROCA FUNDEEDA with DRAGON BISCUIT being hampered as a result passing the 900 metres”.
Apprentice Rider Ms McCall endorsed the Information “I do not admit the breach of the Rule”. This was confirmed at the commencement of the hearing. She was assisted at the hearing by Licensed Trainer Mr G Richardson.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Submissions for Decision:
The Informant Mr Williamson advised the Committee that he intended to call three witnesses to prove the charge, namely Stipendiary Steward Mr B Jones, Mr Yanagida (Rider of DRAGON BISCUIT), and Ms T Newman (Rider of ROCA FUNDEEDA).
Witness Mr B Jones
Using the available race films Stipendiary Steward Mr Jones demonstrated the alleged incident and identified the horses and Riders concerned; namely MUSIGNY LASS (M McCall), DRAGON BISCUIT (T YANAGIDA) and ROCA FUNDEEDA (T Newman). He stated that after starting from the 1000 metre mark, nearing the 900 metres MUSIGNY LASS was racing 3-wide on the outer of DRAGON BISCUIT and on those horses inside was ROCA FUNDEEDA. He said Ms McCall allowed her mount to shift in when barely a length clear of DRAGON BISCUIT. This he said, put pressure on DRAGON BISCUIT and Mr Yanagida had to take a firm hold of his mount and give up his position. Mr Jones repeated his evidence by referring to the side on and back straight films.
Mr Richardson under cross examination to Mr Jones asked whether Ms Newman had allowed her mount to roll off the fence at the time of the incident. In response Mr Jones said that Ms Newman did roll off the fence, but it was after DRAGON BISCUIT was hampered.
Ms McCall had no questions for Mr Jones.
Witness Mr Yanagida
In his evidence Mr Yanagida stated that near the 900 metres both his mount and Ms Newman’s were in a “nice position” and he noticed that Ms McCall wanted to cross into the lead. He said that both he and Ms Newman shouted out and at that point they were happy to let Ms McCall go into the lead. He said that she (Ms McCall) was not listening, she crossed and his horse “clipped heels a few times”. He said that he ended up 3-wide without cover as a result.
In response to a question from the Committee Chair Mr Yanagida said that Ms McCall was not clear when she crossed, and their respective horses were “pretty much touching”.
Mr Yanagida further stated that there was no pressure from Ms Newman, who was racing on his inside. He confirmed this when questioned by Mr Richardson under cross examination. In addition, in response to a question from Ms McCall, Mr Yanagida said that he did call out.
Witness Ms Newman
In her evidence Ms Newman stated that she was racing on the rails approaching the (900m) corner. She said she let Ms McCall know “she was too close for comfort and my horse was being dictated”.
Mr Richardson asked Ms Newman if she had rolled out and in response, she stated that she did roll out, but it was after the interference.
Respondent – Ms McCall
In her evidence Ms McCall stated that she “dug out of the gates” because she was told to take the lead. She said that it had taken her 300 metres to get to the lead. She said she heard Ms Newman yell out but did not hear Mr Yanagida. She added her horse was green and it laid in. She said that the race film (footage) was not good, and Mr Yanagida said that he was going to let her lead as he knew that she was intent on leading.
Summing up – Informant
In summing up the Informant's case Mr Williamson reinforced the following points:
1. That Ms McCall has allowed her mount to roll in when she was barely a length clear.
2. That the charge is supported by the evidence of Mr Jones via the race films.
3. The evidence of Mr Yanagida was that Ms McCall was not clear when she crossed.
4. That the evidence of Ms Newman was that she was tightened as a consequence.
Mr Williamson concluded by submitting that on the balance of probabilities the evidence points to the fact Ms McCall shifted in causing interference to the two horses named in the Information.
Summing up – Respondent
Mr Richardson summed up the case on behalf of Ms McCall. He submitted that Mr Yanagida admitted that he intended to allow Ms McCall to take the lead and therefore allow her to go forward. He also submitted that the cameras were not in a good position to determine 100% that Ms McCall was in breach of the Rule.
Reasons for Decision:
After considering the evidence and reviewing the race films the Committee determined that the charge was proved. Ms McCall was deemed to be careless, and the Committee assessed her level of carelessness to be in the mid-range.
A Rider is careless if he or she fails to take reasonable steps to avoid causing interference or causes interference because of a misjudgement or a mistake. In this case Ms McCall shifted in when not her own length and one other clear and as a result DRAGON BISCUIT received a relatively severe check.
The available films coupled with the evidence of Mr Jones, Mr Yanagida and Ms Newman was compelling. The worth of the race films was raised by Mr Richardson as being of poor quality. The Committee's view is that although there was no direct head on film, three camera angles were available, and the footage was sufficient for the Committee to make a finding. Furthermore, we do not believe that Ms McCall was disadvantaged due to the number of camera angles or quality of the films.
In conclusion the Committee is satisfied, that at the time of the shift, Ms McCall did not exercise the degree of care that a Rider should exercise under the circumstances and the interference suffered by DRAGON BISCUIT was a direct result of Ms McCall’s carelessness.
Submissions for Penalty:
Mr Williamson produced Ms McCall’s recent history which indicates no breaches of the Careless Riding Rule in the past 12 months. During this period Ms McCall has had 146 rides. He submitted that Stewards assessed the level of carelessness to be in the low range.
Ms McCall sought a 7-day deferment to any proposed suspension. She submitted that “I did everything I could to stay out”. She had nothing further to add.
Mr Richardson asked the Committee to consider Ms Call’s very good riding record.
Reasons for Penalty:
As we have already highlighted after taking into account the submissions and considering the consequences, we assessed Ms McCall’s carelessness to be mid-range. The starting point for mid-range carelessness is 5 days (suspension) and $500 (fine) and we adopted this as our starting point.
The factors we considered were:
1.-Ms McCall was barely 1 length clear when she shifted inward.
2.-Ms McCall looked inward on two occasions and therefore must have been aware of the horse(s) racing on her inside. Despite this she continued the inward shift.
3.-We were satisfied that at least one of the Riders to her inside, if not both, yelled out.
4.-DRAGON BISCUIT received a relatively severe check and Mr Yanagida had to take a strong hold of his mount to avoid the heels of Ms McCall’s mount.
Ms McCall’s riding record was assessed as particularly good. Her previous careless riding charge was in June 2019. On that basis we have afforded her a one-day reduction from the starting point (from 5 days to 4 days).
Ms McCall defended the charge, which she is entitled to do, however we are unable to afford her any discount for admitting the breach. But we do not penalise her for defending the charge.
After taking into account all the above factors the Committee considered that an appropriate suspension was 4 (national) days suspension and a $400 fine.
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: 01f8cce95382b83ffc86aee9a44e00b4
informantnumber: A14410
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 19/04/2021
hearing_title: Waikato RC 17 April 2021 - R 3 - Chair, Mr N McCutcheon
charge:
facts:
This is a defended hearing arising from the running of Race 3, the Waikato Equine Veterinary Centre Stakes Prelude 1100m. Senior Stipendiary Steward Mr Williamson filed an Information pursuant to Rule 638 (1)(d) alleging Ms McCall “allowed her mount (MUSIGNY LASS) to shift in when not sufficiently clear of DRAGON BISCUIT and ROCA FUNDEEDA with DRAGON BISCUIT being hampered as a result passing the 900 metres”.
Apprentice Rider Ms McCall endorsed the Information “I do not admit the breach of the Rule”. This was confirmed at the commencement of the hearing. She was assisted at the hearing by Licensed Trainer Mr G Richardson.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
appealdecision:
isappeal:
submissionsfordecision:
The Informant Mr Williamson advised the Committee that he intended to call three witnesses to prove the charge, namely Stipendiary Steward Mr B Jones, Mr Yanagida (Rider of DRAGON BISCUIT), and Ms T Newman (Rider of ROCA FUNDEEDA).
Witness Mr B Jones
Using the available race films Stipendiary Steward Mr Jones demonstrated the alleged incident and identified the horses and Riders concerned; namely MUSIGNY LASS (M McCall), DRAGON BISCUIT (T YANAGIDA) and ROCA FUNDEEDA (T Newman). He stated that after starting from the 1000 metre mark, nearing the 900 metres MUSIGNY LASS was racing 3-wide on the outer of DRAGON BISCUIT and on those horses inside was ROCA FUNDEEDA. He said Ms McCall allowed her mount to shift in when barely a length clear of DRAGON BISCUIT. This he said, put pressure on DRAGON BISCUIT and Mr Yanagida had to take a firm hold of his mount and give up his position. Mr Jones repeated his evidence by referring to the side on and back straight films.
Mr Richardson under cross examination to Mr Jones asked whether Ms Newman had allowed her mount to roll off the fence at the time of the incident. In response Mr Jones said that Ms Newman did roll off the fence, but it was after DRAGON BISCUIT was hampered.
Ms McCall had no questions for Mr Jones.
Witness Mr Yanagida
In his evidence Mr Yanagida stated that near the 900 metres both his mount and Ms Newman’s were in a “nice position” and he noticed that Ms McCall wanted to cross into the lead. He said that both he and Ms Newman shouted out and at that point they were happy to let Ms McCall go into the lead. He said that she (Ms McCall) was not listening, she crossed and his horse “clipped heels a few times”. He said that he ended up 3-wide without cover as a result.
In response to a question from the Committee Chair Mr Yanagida said that Ms McCall was not clear when she crossed, and their respective horses were “pretty much touching”.
Mr Yanagida further stated that there was no pressure from Ms Newman, who was racing on his inside. He confirmed this when questioned by Mr Richardson under cross examination. In addition, in response to a question from Ms McCall, Mr Yanagida said that he did call out.
Witness Ms Newman
In her evidence Ms Newman stated that she was racing on the rails approaching the (900m) corner. She said she let Ms McCall know “she was too close for comfort and my horse was being dictated”.
Mr Richardson asked Ms Newman if she had rolled out and in response, she stated that she did roll out, but it was after the interference.
Respondent – Ms McCall
In her evidence Ms McCall stated that she “dug out of the gates” because she was told to take the lead. She said that it had taken her 300 metres to get to the lead. She said she heard Ms Newman yell out but did not hear Mr Yanagida. She added her horse was green and it laid in. She said that the race film (footage) was not good, and Mr Yanagida said that he was going to let her lead as he knew that she was intent on leading.
Summing up – Informant
In summing up the Informant's case Mr Williamson reinforced the following points:
1. That Ms McCall has allowed her mount to roll in when she was barely a length clear.
2. That the charge is supported by the evidence of Mr Jones via the race films.
3. The evidence of Mr Yanagida was that Ms McCall was not clear when she crossed.
4. That the evidence of Ms Newman was that she was tightened as a consequence.
Mr Williamson concluded by submitting that on the balance of probabilities the evidence points to the fact Ms McCall shifted in causing interference to the two horses named in the Information.
Summing up – Respondent
Mr Richardson summed up the case on behalf of Ms McCall. He submitted that Mr Yanagida admitted that he intended to allow Ms McCall to take the lead and therefore allow her to go forward. He also submitted that the cameras were not in a good position to determine 100% that Ms McCall was in breach of the Rule.
reasonsfordecision:
After considering the evidence and reviewing the race films the Committee determined that the charge was proved. Ms McCall was deemed to be careless, and the Committee assessed her level of carelessness to be in the mid-range.
A Rider is careless if he or she fails to take reasonable steps to avoid causing interference or causes interference because of a misjudgement or a mistake. In this case Ms McCall shifted in when not her own length and one other clear and as a result DRAGON BISCUIT received a relatively severe check.
The available films coupled with the evidence of Mr Jones, Mr Yanagida and Ms Newman was compelling. The worth of the race films was raised by Mr Richardson as being of poor quality. The Committee's view is that although there was no direct head on film, three camera angles were available, and the footage was sufficient for the Committee to make a finding. Furthermore, we do not believe that Ms McCall was disadvantaged due to the number of camera angles or quality of the films.
In conclusion the Committee is satisfied, that at the time of the shift, Ms McCall did not exercise the degree of care that a Rider should exercise under the circumstances and the interference suffered by DRAGON BISCUIT was a direct result of Ms McCall’s carelessness.
Decision:
Based on the credible evidence presented to the Committee, we find the charge is proved to the requisite standard.
sumissionsforpenalty:
Mr Williamson produced Ms McCall’s recent history which indicates no breaches of the Careless Riding Rule in the past 12 months. During this period Ms McCall has had 146 rides. He submitted that Stewards assessed the level of carelessness to be in the low range.
Ms McCall sought a 7-day deferment to any proposed suspension. She submitted that “I did everything I could to stay out”. She had nothing further to add.
Mr Richardson asked the Committee to consider Ms Call’s very good riding record.
reasonsforpenalty:
As we have already highlighted after taking into account the submissions and considering the consequences, we assessed Ms McCall’s carelessness to be mid-range. The starting point for mid-range carelessness is 5 days (suspension) and $500 (fine) and we adopted this as our starting point.
The factors we considered were:
1.-Ms McCall was barely 1 length clear when she shifted inward.
2.-Ms McCall looked inward on two occasions and therefore must have been aware of the horse(s) racing on her inside. Despite this she continued the inward shift.
3.-We were satisfied that at least one of the Riders to her inside, if not both, yelled out.
4.-DRAGON BISCUIT received a relatively severe check and Mr Yanagida had to take a strong hold of his mount to avoid the heels of Ms McCall’s mount.
Ms McCall’s riding record was assessed as particularly good. Her previous careless riding charge was in June 2019. On that basis we have afforded her a one-day reduction from the starting point (from 5 days to 4 days).
Ms McCall defended the charge, which she is entitled to do, however we are unable to afford her any discount for admitting the breach. But we do not penalise her for defending the charge.
After taking into account all the above factors the Committee considered that an appropriate suspension was 4 (national) days suspension and a $400 fine.
penalty:
The Committee granted Ms McCall a deferment to her suspension pursuant to Rule 1106(2). Accordingly, her licence to ride in races is suspended for a period of 4 days commencing after racing 24 April 2021 and concluding after racing on 29 April 2021. In addition, we impose a $400 fine.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Ms E McCall - Rider of MUSIGNY LASS
Otherperson: Mr G Richardson - Trainer assisting Ms McCall, Mr B Jones - Stipendiary Steward, Mr Yanagida - Rider of DRAGON BISCUIT, Ms T Newman - Rider of ROCA FUNDEEDA
PersonPresent:
Respondent:
StipendSteward:
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