Archive Decision

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Waikato RC 18 May 2019 – R 1 – Chair, Mr A Dooley

ID: JCA11708

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr T Harris - Class A Rider

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A09667

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 18 May 2019

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2019/05/18

Race Number:
Race 1

Decision:

As Mr Harris admitted the breach the Committee found the charge proved.

Penalty:

The Committee grants a deferment to Mr Harris’ suspension pursuant to Rule 1106(2).

Accordingly, Mr Harris had his license to ride in races suspended for a period to commence after racing on 25 May and conclude after racing on 1 June 2019.

Facts:

Following the running of race 1, Dunstan Feeds 2100, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Mr Harris permitted his mount GIOVANNI CAVALETTO to shift inwards when not sufficiently clear of GABRIEL which was checked near the 1800 metres.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Harris said that he understood the Rule and confirmed he admitted the breach.

Mr Oatham demonstrated the incident using the available video footage. He said that Mr Harris appeared to look to his inside prior to allowing his mount to shift inwards near the 1800 metres. However, he had left insufficient room for GABRIEL and as a result Ms Collett had to check her mount. He added that Mr Harris was a touch less than 1 length clear which meant that Ms Collett had to give up her line of running.

Mr Harris said that he gradually shifted in and he was too late in taking corrective action.

Submissions for Penalty:

Mr Jones produced Mr Harris’ record which showed 3 previous breaches of this Rule in the last 12 months, the most recent being 27/3/2019. He said the level of carelessness was low range and a suspension in line with that would be appropriate.

Mr Harris advised that he had firm engagements on 25 May and sought a 7 day deferment to any proposed suspension.

Reasons for Penalty:

The Committee considered all the evidence and submissions presented.

When reviewing the video films the Committee found that Mr Harris permitted his mount to shift inwards when only ¾ of a length clear of GABRIEL. As a result that runner had its rightful running line taken and suffered a minor check. The Committee deemed the level of carelessness displayed by Mr Harris was low range.

The JCA Penalty Guide starting point for low range carelessness is 6 national riding days which was adopted.

There were no aggravating factors that warranted an uplift in penalty.

Mr Harris’ record was deemed to be average at best and a neutral factor when assessing penalty.

The mitigating factor was Mr Harris’ admission of the breach and he was afforded a 1 day reduction in penalty.

After weighing up all the circumstances in this case 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: 295bd6a62ba784157cd4d475b6c93bd1


informantnumber: A09667


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 19/05/2019


hearing_title: Waikato RC 18 May 2019 - R 1 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 1, Dunstan Feeds 2100, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Mr Harris permitted his mount GIOVANNI CAVALETTO to shift inwards when not sufficiently clear of GABRIEL which was checked near the 1800 metres.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Harris said that he understood the Rule and confirmed he admitted the breach.

Mr Oatham demonstrated the incident using the available video footage. He said that Mr Harris appeared to look to his inside prior to allowing his mount to shift inwards near the 1800 metres. However, he had left insufficient room for GABRIEL and as a result Ms Collett had to check her mount. He added that Mr Harris was a touch less than 1 length clear which meant that Ms Collett had to give up her line of running.

Mr Harris said that he gradually shifted in and he was too late in taking corrective action.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Harris admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Jones produced Mr Harris’ record which showed 3 previous breaches of this Rule in the last 12 months, the most recent being 27/3/2019. He said the level of carelessness was low range and a suspension in line with that would be appropriate.

Mr Harris advised that he had firm engagements on 25 May and sought a 7 day deferment to any proposed suspension.


reasonsforpenalty:

The Committee considered all the evidence and submissions presented.

When reviewing the video films the Committee found that Mr Harris permitted his mount to shift inwards when only ¾ of a length clear of GABRIEL. As a result that runner had its rightful running line taken and suffered a minor check. The Committee deemed the level of carelessness displayed by Mr Harris was low range.

The JCA Penalty Guide starting point for low range carelessness is 6 national riding days which was adopted.

There were no aggravating factors that warranted an uplift in penalty.

Mr Harris’ record was deemed to be average at best and a neutral factor when assessing penalty.

The mitigating factor was Mr Harris’ admission of the breach and he was afforded a 1 day reduction in penalty.

After weighing up all the circumstances in this case the Committee considered that an appropriate suspension was 5 national riding days.


penalty:

The Committee grants a deferment to Mr Harris’ suspension pursuant to Rule 1106(2).

Accordingly, Mr Harris had his license to ride in races suspended for a period to commence after racing on 25 May and conclude after racing on 1 June 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr T Harris - Class A Rider


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2c4be2cc267ae5b05d140953c9260a43


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


race_expappcomment:


race_km:


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meetid: 0613ec65030c16d95160adae7ccaaa3a


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meet_noreport: 0


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meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/05/2019


meet_title: Waikato RC - 18 May 2019


meet_expappcomment:


meet_km:


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tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Waikato RC