Archive Decision

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Waikato RC 21 July 2019 – R6 – Chair, Mr G Jones

ID: JCA17793

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Miss R Smyth - Rider of VERRY FLASH

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A10063

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 21 July 2018

Meet Chair:
GJones

Meet Committee Member 1:
ADooley

Race Date:
2018/07/21

Race Number:
R6

Decision:

As Miss Smyth admitted the breach the Committee found the charge proved.

Penalty:

Miss Smyth had her license to ride in races suspended for a period to commence after racing on 25 July 2018 and concluding after racing on 2 August 2018.

Facts:

This charge relates to the running of race 6, the Signature Homes 1600. Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging Class A Jockey, Miss R Smyth (VERRY FLASH) allowed her mount to shift out over the final 150 metres causing interference to BIG BEN which was steadied near the 25 metres.

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

At the commencement of the hearing Miss Smyth acknowledged she understood the Rule and her admission of the breach.

Using the available video footage, Stipendiary Steward, Mr Coles demonstrated the incident. He said from the 400 metre mark Miss Smyth permitted her mount (VERRY FLASH) to continue to drift out for almost the entire length of the straight. He estimated the outward shift to be at least 5 horse widths. He said close to the finish, VERRY FLASH impeded BIG BEN (D Danis) who was racing between VERRY FLASH and IMPULSIVE HABIT who was finishing the race of strongly on the outer. He added Mr Danis stopped riding for 4 strides and given the long head margin between 2nd and 3rd there is a possibility that BIG BEN could have finished in second place.

In response Miss Smyth said she freely admitted the breach. She said her mount was green and tended to wander wider on the track during the running. Miss Smyth acknowledged that she was not aware her mount had drifted out 5-horse widths, but pointed out that for much of run home she moved out without affecting the chances of any other runner.

Submissions for Penalty:

Mr Oatham submitted that Miss Smyth has a clear record under the careless riding rule, although he added, she only returned to race riding in April 2018 after a 2-year break. He said the level of carelessness was low end and although the outward shift was approximately 5-horse widths there was no interference to any other runners until close to the finish. He stated the interference to BIG BEN was minor and the result of that horse having its running line dictated to over the concluding stages for no more than 3 or 4 strides.

Mr Oatham submitted a 6 day suspension would be an appropriate starting point for the Committee to consider.

Miss Smyth advised she has riding commitments up to Wednesday 25 July 2018 at the forthcoming Matamata meeting. She did not seek a deferment beyond that date. Miss Smyth submitted that it is her first charge of this rule for some time and that the interference occurred in the last few strides of the race. 

Reasons for Penalty:

After considering the submissions of the both the informant and Respondent the Committee reviewed the race film to determine the level of carelessness and an appropriate penalty starting point.

The race film clearly shows that Miss Smyth did allow her mount to drift wider on the track for most of the home straight. However, it is significant that her mount, VERRY FLASH did not impede BIG BEN until the final few strides. Although Mr Danis did have to take hold of his mount the Committee believes it is debatable whether or not the interference cost BIG BEN the opportunity to finish in second place albeit the margin between 2nd and 3rd was a long head. It is also notable that the second placed horse, IMPULSIVE HABIT was finishing the race off strongly and the check to BIG BEN occurred proximate to the winning post. Accordingly we are unable to gauge with any certainty that BIG BEN would have finished in a better position.

After taking all factors into account, the Committee deemed the level of carelessness as low range and adopted 6 national riding days as the starting point.

Beyond the check to BIG BEN, which forms the substance of the charge, there were no aggravating factors.

The mitigating factors we took into account include Miss Smyth’s admission of the breach and her good record, albeit according to NZTR records she has only had 45 rides since resuming race riding in April 2018. From our 6 day starting point we afforded Miss Smyth a 1 day penalty reduction imposing a 5 national riding 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: ee35510edac7685a0bea9bc5166b35b1


informantnumber: A10063


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 22/07/2018


hearing_title: Waikato RC 21 July 2019 - R6 - Chair, Mr G Jones


charge:


facts:

This charge relates to the running of race 6, the Signature Homes 1600. Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging Class A Jockey, Miss R Smyth (VERRY FLASH) allowed her mount to shift out over the final 150 metres causing interference to BIG BEN which was steadied near the 25 metres.

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

At the commencement of the hearing Miss Smyth acknowledged she understood the Rule and her admission of the breach.

Using the available video footage, Stipendiary Steward, Mr Coles demonstrated the incident. He said from the 400 metre mark Miss Smyth permitted her mount (VERRY FLASH) to continue to drift out for almost the entire length of the straight. He estimated the outward shift to be at least 5 horse widths. He said close to the finish, VERRY FLASH impeded BIG BEN (D Danis) who was racing between VERRY FLASH and IMPULSIVE HABIT who was finishing the race of strongly on the outer. He added Mr Danis stopped riding for 4 strides and given the long head margin between 2nd and 3rd there is a possibility that BIG BEN could have finished in second place.

In response Miss Smyth said she freely admitted the breach. She said her mount was green and tended to wander wider on the track during the running. Miss Smyth acknowledged that she was not aware her mount had drifted out 5-horse widths, but pointed out that for much of run home she moved out without affecting the chances of any other runner.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Smyth admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Oatham submitted that Miss Smyth has a clear record under the careless riding rule, although he added, she only returned to race riding in April 2018 after a 2-year break. He said the level of carelessness was low end and although the outward shift was approximately 5-horse widths there was no interference to any other runners until close to the finish. He stated the interference to BIG BEN was minor and the result of that horse having its running line dictated to over the concluding stages for no more than 3 or 4 strides.

Mr Oatham submitted a 6 day suspension would be an appropriate starting point for the Committee to consider.

Miss Smyth advised she has riding commitments up to Wednesday 25 July 2018 at the forthcoming Matamata meeting. She did not seek a deferment beyond that date. Miss Smyth submitted that it is her first charge of this rule for some time and that the interference occurred in the last few strides of the race. 


reasonsforpenalty:

After considering the submissions of the both the informant and Respondent the Committee reviewed the race film to determine the level of carelessness and an appropriate penalty starting point.

The race film clearly shows that Miss Smyth did allow her mount to drift wider on the track for most of the home straight. However, it is significant that her mount, VERRY FLASH did not impede BIG BEN until the final few strides. Although Mr Danis did have to take hold of his mount the Committee believes it is debatable whether or not the interference cost BIG BEN the opportunity to finish in second place albeit the margin between 2nd and 3rd was a long head. It is also notable that the second placed horse, IMPULSIVE HABIT was finishing the race off strongly and the check to BIG BEN occurred proximate to the winning post. Accordingly we are unable to gauge with any certainty that BIG BEN would have finished in a better position.

After taking all factors into account, the Committee deemed the level of carelessness as low range and adopted 6 national riding days as the starting point.

Beyond the check to BIG BEN, which forms the substance of the charge, there were no aggravating factors.

The mitigating factors we took into account include Miss Smyth’s admission of the breach and her good record, albeit according to NZTR records she has only had 45 rides since resuming race riding in April 2018. From our 6 day starting point we afforded Miss Smyth a 1 day penalty reduction imposing a 5 national riding day suspension. 


penalty:

Miss Smyth had her license to ride in races suspended for a period to commence after racing on 25 July 2018 and concluding after racing on 2 August 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Miss R Smyth - Rider of VERRY FLASH


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 1664e3e6dd2b52abc4ca96778068cfc9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3def5e253b8c942c49fc3a84ed4c2917


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/07/2018


meet_title: Waikato RC - 21 July 2018


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