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Waikato RC 2 May 2015 – R 10

ID: JCA11973

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr R Schistl - Rider of LUCKY FEATHER

Information Number:
A6894

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:
Race 10

Decision:

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

Penalty:

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

Accordingly, Mr Schistl had his license to ride in races suspended for a period to commence after racing on 9 May and conclude after racing on 20 May 2015 (4 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 150 metres Mr Schistl allowed his mount LUCKY FEATHER to shift out when not sufficiently clear of ZELDARA (J Parkes) which was checked.

Mr Schistl 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 Oatham identified on the video films that near the 150 metres Mr Schistl allowed his mount LUCKY FEATHER to shift out under pressure when racing in the lead. He said at the time LUCKY FEATHER was starting to weaken and commenced to shift out under pressure. In doing so ZELDARA was checked and had its chances extinguished. He identified that Mr Parkes was going for a small gap on the outside of LUCKY FEATHER when the interference occurred.

Mr Schistl told the Committee that he changed his whip over to the right hand in an endeavour to straighten up his mount but conceded that it was too late.

Submissions for Penalty:

Mr Oatham advised the Committee that Mr Schistl had about 4,000 rides overseas for 390 wins and today was his first day riding in New Zealand. He submitted the level of carelessness was at the low end of the scale and the Committee should take into account that Mr Schistl was still settling in to the New Zealand style of racing. He said it was to Mr Schistl's credit that he admitted the breach promptly.

In response to a question from the Committee, Mr Oatham said Mr Schistl was keen to pursue riding opportunities throughout the North Island and he was currently riding work for Te Akau stables.

Mr Schistl advised that he had upcoming engagements at Rotorua on 9 May, and sought a deferment to any proposed suspension. Mr Schistl confirmed that he was intending to travel in the North Island to gain rides and contacts.

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 factors are Mr Schistl's admission of the breach, his clear record albeit his first day of riding in New Zealand and we assess the level of carelessness was at the low end. We note Mr Schisti did correct his mount when it shifted out but his response was too late. The films show that ZELDARA did receive a short sharp check as a result of Mr Schistl's error.

After taking into account all the above factors the Committee considers an appropriate penalty is a 4 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: 336378cb9685833a0081c7219f0df389


informantnumber: A6894


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 02/05/2015


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 150 metres Mr Schistl allowed his mount LUCKY FEATHER to shift out when not sufficiently clear of ZELDARA (J Parkes) which was checked.

Mr Schistl 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 Oatham identified on the video films that near the 150 metres Mr Schistl allowed his mount LUCKY FEATHER to shift out under pressure when racing in the lead. He said at the time LUCKY FEATHER was starting to weaken and commenced to shift out under pressure. In doing so ZELDARA was checked and had its chances extinguished. He identified that Mr Parkes was going for a small gap on the outside of LUCKY FEATHER when the interference occurred.

Mr Schistl told the Committee that he changed his whip over to the right hand in an endeavour to straighten up his mount but conceded that it was too late.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Oatham advised the Committee that Mr Schistl had about 4,000 rides overseas for 390 wins and today was his first day riding in New Zealand. He submitted the level of carelessness was at the low end of the scale and the Committee should take into account that Mr Schistl was still settling in to the New Zealand style of racing. He said it was to Mr Schistl's credit that he admitted the breach promptly.

In response to a question from the Committee, Mr Oatham said Mr Schistl was keen to pursue riding opportunities throughout the North Island and he was currently riding work for Te Akau stables.

Mr Schistl advised that he had upcoming engagements at Rotorua on 9 May, and sought a deferment to any proposed suspension. Mr Schistl confirmed that he was intending to travel in the North Island to gain rides and contacts.


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 factors are Mr Schistl's admission of the breach, his clear record albeit his first day of riding in New Zealand and we assess the level of carelessness was at the low end. We note Mr Schisti did correct his mount when it shifted out but his response was too late. The films show that ZELDARA did receive a short sharp check as a result of Mr Schistl's error.

After taking into account all the above factors the Committee considers an appropriate penalty is a 4 day suspension.


penalty:

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

Accordingly, Mr Schistl had his license to ride in races suspended for a period to commence after racing on 9 May and conclude after racing on 20 May 2015 (4 North Island days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr R Schistl - Rider of LUCKY FEATHER


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d80abae55dcf0a71d063dfebbe6e2d98


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 10


submittochair:


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meetdate: 02/05/2015


meet_title: Waikato RC - 2 May 2015


meet_expappcomment:


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tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Waikato RC