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Waikato RC 21 December 2013 – R 3

ID: JCA12199

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr M Du Plessis - Rider of CHERRY BOMB

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A2934

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 21 December 2013

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2013/12/21

Race Number:
R3

Decision:

As Mr Du Plessis admitted the breach we find the charge proved.

Penalty:

We grant Mr Du Plessis request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Du Plessis which will commence after racing on December 26 and conclude after racing on December 31 (4 days).

That period of suspension encompasses meetings at Rotorua on December 27, Ellerslie on December 28, Taupo on December 30, and Stratford on December 31.
 

 

Facts:

Following the running of Race 3, McGregors Farm Services, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Oatham, alleged that Mr Du Plessis permitted his mount CHERRY BOMB to shift outwards when not sufficiently clear of JUD STRUNK which was checked near the 250 metres.

Mr Du Plessis 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 films which showed CHERRY BOMB racing 3 back against the rail approaching the 250 metres with JUD STRUNK (Ms Grylls) racing directly to its outside with LA PUNTA (Ms Johnson) on her outside. He pointed out Mr Du Plessis angling his mount out to gain a clear run but stated he was only ¾ to 1 length clear of JUD STRUNK when doing so. Mr Coles said this caused Miss Grylls to take a hold of her mount causing its head to be turned sideways.

Mr Coles asked the Committee to note on the head on film that Ms Johnson’s mount rolled in slightly taking Miss Grylls mount in just prior to Mr Du Plessis angling out.

Mr Du Plessis told the Committee this was CHERRY BOMB’s first start for 2 years and was informed by the trainer that she could be slightly field shy. Mr Du Plessis admitted he thought JUD STRUNK was stopping when he commenced his outward movement and believed his mount over reacted and was somewhat quick in her movement.

Submissions for Penalty:

Mr Oatham produced Mr Du Plessis record which showed 2 previous breaches under this Rule in the last 12 months. He described Mr Du Plessis record as very good as one of the country’s busiest riders noting his 2 prior suspensions occurred 11 months ago. He said Mr Du Plessis should be given credit for his admission of the breach and the Stewards assessed the level of carelessness at the low end. He submitted a suspension at the bottom end of the scale.

Mr Du Plessis advised that he had upcoming commitments at Ellerslie on December 26, and any period of suspension could commence after that.

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. The mitigating factors are Mr Du Plessis admission of the breach, his good record in relation to this Rule as a busy rider and we assess the level of carelessness as low end due to Miss Johnson’s mount rolling in slightly in the initial stages of the interference. This in turn caused Miss Grylls to be taken in slightly aggravating the situation.

However, we note Mr Du Plessis was only ¾ to 1 length clear when angling his mount out which resulted in JUD STRUNK being checked.

After taking into account all the above factors we consider 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: 3eb7a733069b421bff26b1b5c3baaa10


informantnumber: A2934


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 17/12/2013


hearing_title: Waikato RC 21 December 2013 - R 3


charge:


facts:

Following the running of Race 3, McGregors Farm Services, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Oatham, alleged that Mr Du Plessis permitted his mount CHERRY BOMB to shift outwards when not sufficiently clear of JUD STRUNK which was checked near the 250 metres.

Mr Du Plessis 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 films which showed CHERRY BOMB racing 3 back against the rail approaching the 250 metres with JUD STRUNK (Ms Grylls) racing directly to its outside with LA PUNTA (Ms Johnson) on her outside. He pointed out Mr Du Plessis angling his mount out to gain a clear run but stated he was only ¾ to 1 length clear of JUD STRUNK when doing so. Mr Coles said this caused Miss Grylls to take a hold of her mount causing its head to be turned sideways.

Mr Coles asked the Committee to note on the head on film that Ms Johnson’s mount rolled in slightly taking Miss Grylls mount in just prior to Mr Du Plessis angling out.

Mr Du Plessis told the Committee this was CHERRY BOMB’s first start for 2 years and was informed by the trainer that she could be slightly field shy. Mr Du Plessis admitted he thought JUD STRUNK was stopping when he commenced his outward movement and believed his mount over reacted and was somewhat quick in her movement.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Du Plessis admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Du Plessis record which showed 2 previous breaches under this Rule in the last 12 months. He described Mr Du Plessis record as very good as one of the country’s busiest riders noting his 2 prior suspensions occurred 11 months ago. He said Mr Du Plessis should be given credit for his admission of the breach and the Stewards assessed the level of carelessness at the low end. He submitted a suspension at the bottom end of the scale.

Mr Du Plessis advised that he had upcoming commitments at Ellerslie on December 26, and any period of suspension could commence after that.


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. The mitigating factors are Mr Du Plessis admission of the breach, his good record in relation to this Rule as a busy rider and we assess the level of carelessness as low end due to Miss Johnson’s mount rolling in slightly in the initial stages of the interference. This in turn caused Miss Grylls to be taken in slightly aggravating the situation.

However, we note Mr Du Plessis was only ¾ to 1 length clear when angling his mount out which resulted in JUD STRUNK being checked.

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


penalty:

We grant Mr Du Plessis request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Du Plessis which will commence after racing on December 26 and conclude after racing on December 31 (4 days).

That period of suspension encompasses meetings at Rotorua on December 27, Ellerslie on December 28, Taupo on December 30, and Stratford on December 31.
 

 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr M Du Plessis - Rider of CHERRY BOMB


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e63e0f615f6a45866b60c5835270707c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 256b430f612bfbb7f3deb5ecccc1489e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/12/2013


meet_title: Waikato RC - 21 December 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Waikato RC