Waikato RC 17 August 2019 – R 5 – Chair, G Jones
ID: JCA11484
Code:
Thoroughbred
Meet Title:
Waikato RC - 17 August 2019
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2019/08/17
Race Number:
R5
Decision:
As Mr Innes admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted Mr Innes a deferment to his suspension pursuant to Rule 1106(2). Accordingly, Mr Innes’ license to ride in races is suspended for a period of 5 national days commencing after racing on 23 August 2019 and concluding after racing on 30 August 2019.
Facts:
This charge arises from the running of race 5, the Volare Bread 1600. Chief Stipendiary Steward Mr J Oatham filed an Information pursuant to Rule 638 (1)(d) alleging the rider of FIVE STARS (L Innes) permitted his mount to shift in when insufficiently clear of STRAIGHT SETS which was crowded for a distance near the 100 metres.
Mr Innes acknowledged he understood the Rule 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.
Using all available video footage Senior Stipendiary Steward Mr M Williamson demonstrated the incident that gave rise to this charge and identified all horses and riders concerned. He told the Committee that nearing the 150-metre mark FIVE STARS (L Innes) was racing on the outer of SUPER HOOF (J FAWCETT) and contesting the lead. At this point STRAIGHT SETS (R ELLIOT) was racing about a length behind and attempted to take a gap between the two runners. FIVE STARS shifted inward one-horse width which denied STRAIGHT SETS that run. As a result, he said STRAIGHT SETS was hampered and lost ground.
In response Mr Innes said that he shifted in for half a stride and did not realise that STRAIGHT SETS was looking for a run to his inside. He said that he did hear a rider calling out but thought it was Ms Spratt who was racing on the fence on the inside of SUPER HOOF. Mr Innes added that once he realised the situation, he stopped riding forward with his whip.
Submissions for Penalty:
Mr Oatham produced Mr Innes’ riding record. This indicates 4 previous breaches under the careless riding Rule in the last 12 months. He said the most recent having occurred at the Wellington Racing Club meeting on 19 January 2019 and this resulted in a 5-week suspension (causing a fall). He added that Mr Innes has maintained a clear record since January 2019 and on that basis his record should be viewed as a neutral factor.
Mr Oatham said Stewards assessed the level of carelessness as low end and in assessing penalty Mr Innes ought to be given credit for his admission of the breach. He submitted a 5-day suspension would be appropriate under the circumstances.
Mr Innes advised that he has an upcoming confirmed engagement at the Taupo meeting on 23 August and sought a deferment to any proposed suspension.
In terms of any anticipated penalty Mr Innes submitted the breach was at the low end and a penalty of more than 5 days would mean that he would not be able to ride at the forthcoming Hastings Premier meeting on 31 August 2019. He submitted that if any suspension included that meeting it would be disproportionate.
Reasons for Penalty:
After considering the submissions of both the Informant and Respondent the Committee reviewed the race film to determine the level of carelessness and to establish an appropriate penalty starting point.
On reviewing the available angles of the race films, we noted that the inward shift of FIVE STARS was minor. But the consequences of the shift were that STRAIGHT SETS was denied its rightful running line and the check potentially cost it the opportunity to finish in third place. This is an aggravating factor that the Committee considered but determined, in the overall circumstances did not warrant a penalty uplift. FIVE STARS won the race and STRAIGHT SETS finished in 4th place.
The Committee assessed the level of carelessness to be low range and adopted a 6-day starting point. This is in conformity with the Penalty Guide for Judicial Committees which recommends a 6 national day starting point for low range carelessness.
The mitigating factors we considered included Mr Innes’ admission of the breach for which we applied a 1-day reduction from the starting point. Mr Innes does not have a good riding record, but it is of note that he has not breached this rule for 7 months. Therefore we treated Mr Innes' record as a neutral factor.
After taking into account all the above factors the Committee considered that an appropriate suspension was 5 national riding 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: 1d853ee911b5d85061ff6851cab0977c
informantnumber: 11327
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 18/08/2019
hearing_title: Waikato RC 17 August 2019 – R 5 – Chair, G Jones
charge:
facts:
This charge arises from the running of race 5, the Volare Bread 1600. Chief Stipendiary Steward Mr J Oatham filed an Information pursuant to Rule 638 (1)(d) alleging the rider of FIVE STARS (L Innes) permitted his mount to shift in when insufficiently clear of STRAIGHT SETS which was crowded for a distance near the 100 metres.
Mr Innes acknowledged he understood the Rule 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.
Using all available video footage Senior Stipendiary Steward Mr M Williamson demonstrated the incident that gave rise to this charge and identified all horses and riders concerned. He told the Committee that nearing the 150-metre mark FIVE STARS (L Innes) was racing on the outer of SUPER HOOF (J FAWCETT) and contesting the lead. At this point STRAIGHT SETS (R ELLIOT) was racing about a length behind and attempted to take a gap between the two runners. FIVE STARS shifted inward one-horse width which denied STRAIGHT SETS that run. As a result, he said STRAIGHT SETS was hampered and lost ground.
In response Mr Innes said that he shifted in for half a stride and did not realise that STRAIGHT SETS was looking for a run to his inside. He said that he did hear a rider calling out but thought it was Ms Spratt who was racing on the fence on the inside of SUPER HOOF. Mr Innes added that once he realised the situation, he stopped riding forward with his whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Innes admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Innes’ riding record. This indicates 4 previous breaches under the careless riding Rule in the last 12 months. He said the most recent having occurred at the Wellington Racing Club meeting on 19 January 2019 and this resulted in a 5-week suspension (causing a fall). He added that Mr Innes has maintained a clear record since January 2019 and on that basis his record should be viewed as a neutral factor.
Mr Oatham said Stewards assessed the level of carelessness as low end and in assessing penalty Mr Innes ought to be given credit for his admission of the breach. He submitted a 5-day suspension would be appropriate under the circumstances.
Mr Innes advised that he has an upcoming confirmed engagement at the Taupo meeting on 23 August and sought a deferment to any proposed suspension.
In terms of any anticipated penalty Mr Innes submitted the breach was at the low end and a penalty of more than 5 days would mean that he would not be able to ride at the forthcoming Hastings Premier meeting on 31 August 2019. He submitted that if any suspension included that meeting it would be disproportionate.
reasonsforpenalty:
After considering the submissions of both the Informant and Respondent the Committee reviewed the race film to determine the level of carelessness and to establish an appropriate penalty starting point.
On reviewing the available angles of the race films, we noted that the inward shift of FIVE STARS was minor. But the consequences of the shift were that STRAIGHT SETS was denied its rightful running line and the check potentially cost it the opportunity to finish in third place. This is an aggravating factor that the Committee considered but determined, in the overall circumstances did not warrant a penalty uplift. FIVE STARS won the race and STRAIGHT SETS finished in 4th place.
The Committee assessed the level of carelessness to be low range and adopted a 6-day starting point. This is in conformity with the Penalty Guide for Judicial Committees which recommends a 6 national day starting point for low range carelessness.
The mitigating factors we considered included Mr Innes’ admission of the breach for which we applied a 1-day reduction from the starting point. Mr Innes does not have a good riding record, but it is of note that he has not breached this rule for 7 months. Therefore we treated Mr Innes' record as a neutral factor.
After taking into account all the above factors the Committee considered that an appropriate suspension was 5 national riding days.
penalty:
The Committee granted Mr Innes a deferment to his suspension pursuant to Rule 1106(2). Accordingly, Mr Innes’ license to ride in races is suspended for a period of 5 national days commencing after racing on 23 August 2019 and concluding after racing on 30 August 2019.
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr L Innes - Licensed Jockey rider of FIVE STARS
Otherperson: Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7caedd73d74f55d709910aaf5935fd2b
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b32e236ef97b19907a095b457cdaf894
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/08/2019
meet_title: Waikato RC - 17 August 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Waikato RC