Archive Decision

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Waikato RC 2 May 2015 – R 10

ID: JCA15544

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr M Coleman - Rider of DALEZINGA

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A6893

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 2 May 2015

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2015/05/02

Race Number:
R10

Decision:

As Mr Coleman admitted the breach we find the charge proved.

Penalty:

We grant Mr Coleman’s request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, Mr Coleman had his license to ride in races suspended for a period to commence after racing on 9 May and conclude after racing on 21 May 2015 (5 North Island days).

Facts:

Following the running of race 10, Curraghmore 1600, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 375 metres Mr Coleman allowed his mount DALEZINGA to shift out when not sufficiently clear of SEIZE THE MOMENT (D Johnson) and CHIPANDCHASE (M McNab) who were both checked.

Mr Coleman acknowledged that he understood the nature of the charge, 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.

Mr Coles identified on the video films that near the 375 metres Mr Coleman angled his mount out to get a run. He said at no point was Mr Coleman clear to shift out which resulted in SEIZE THE MOMENT being checked and also CHIPANDCHASE to a lesser degree. He noted that DALEZINGA did move out further than Mr Coleman had intended to.

Mr Coleman told the Committee that it was an error on his part. He advised us that he was following SEIZE THE MOMENT and was of the view it was drifting back when he angled his mount out. He was therefore surprised to see on the video footage that this resulted in SEIZE THE MOMENT being checked for a few strides.

Submissions for Penalty:

Mr Oatham produced Mr Coleman’s record which showed 3 previous breaches under this Rule in the last 12 months, the most recent being on 22 November 2014 which attracted a 4 day suspension. He said it was 6 months since Mr Coleman last breached this Rule and he assessed the interference as mid – range. He submitted a suspension in line with that would be appropriate.

Mr Coleman advised that he had upcoming engagements at Rotorua on 9 May, and any proposed suspension could commence after that.

Mr Coleman confirmed that he rode predominantly in the North Island.

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 for this careless riding charge. The mitigating fact was Mr Coleman’s admission of the breach. We assess his overall record as average but note that it was 6 months since his last breach, we consider this to be a neutral factor. The films show that Mr Coleman was not the required distance clear when shifting ground which resulted in 2 horses being checked, we assess the interference as close to mid – range. This was an aggravating fact.

After taking into account all the above factors the Committee considers an appropriate penalty is a 5 day suspension.

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: b0d96842fd30daad76698c90a48d8076


informantnumber: A6893


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 18/04/2015


hearing_title: Waikato RC 2 May 2015 - R 10


charge:


facts:

Following the running of race 10, Curraghmore 1600, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 375 metres Mr Coleman allowed his mount DALEZINGA to shift out when not sufficiently clear of SEIZE THE MOMENT (D Johnson) and CHIPANDCHASE (M McNab) who were both checked.

Mr Coleman acknowledged that he understood the nature of the charge, 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.

Mr Coles identified on the video films that near the 375 metres Mr Coleman angled his mount out to get a run. He said at no point was Mr Coleman clear to shift out which resulted in SEIZE THE MOMENT being checked and also CHIPANDCHASE to a lesser degree. He noted that DALEZINGA did move out further than Mr Coleman had intended to.

Mr Coleman told the Committee that it was an error on his part. He advised us that he was following SEIZE THE MOMENT and was of the view it was drifting back when he angled his mount out. He was therefore surprised to see on the video footage that this resulted in SEIZE THE MOMENT being checked for a few strides.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Coleman admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Coleman’s record which showed 3 previous breaches under this Rule in the last 12 months, the most recent being on 22 November 2014 which attracted a 4 day suspension. He said it was 6 months since Mr Coleman last breached this Rule and he assessed the interference as mid – range. He submitted a suspension in line with that would be appropriate.

Mr Coleman advised that he had upcoming engagements at Rotorua on 9 May, and any proposed suspension could commence after that.

Mr Coleman confirmed that he rode predominantly in the North Island.


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 for this careless riding charge. The mitigating fact was Mr Coleman’s admission of the breach. We assess his overall record as average but note that it was 6 months since his last breach, we consider this to be a neutral factor. The films show that Mr Coleman was not the required distance clear when shifting ground which resulted in 2 horses being checked, we assess the interference as close to mid – range. This was an aggravating fact.

After taking into account all the above factors the Committee considers an appropriate penalty is a 5 day suspension.


penalty:

We grant Mr Coleman’s request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, Mr Coleman had his license to ride in races suspended for a period to commence after racing on 9 May and conclude after racing on 21 May 2015 (5 North Island days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr M Coleman - Rider of DALEZINGA


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 6cef42578040255aa1d9135a27847eba


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


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meetid: 02929c1c0613b5096a4036442959fa72


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meetdate: 02/05/2015


meet_title: Waikato RC - 2 May 2015


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tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


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name: Waikato RC