Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Waikato RC 23 January 2013 – R 4

ID: JCA16910

Applicant:
Mr J Oatham

Respondent(s):
Mr M Du Plessis, rider of VALEDICTORY

Other Person:
Mr M Williamson, Stipendiary Steward

Information Number:
4894

Hearing Type:
Hearing

Rules:
638 (1) (d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Waikato RC - 23 January 2013

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2013/01/23

Race Number:
R4

Decision:

Accordingly for the above reasons we find the charge proved.

Penalty:

Accordingly we suspend Mr Du Plessis from riding in races which is to start after racing on 27 January and conclude after racing on 8 February 2013 (5 days).

Charge:

Careless Riding

Facts:

Following race 4 an information was filed pursuant to rule 638 (1) (d).  Mr J Oatham alleged that Mr Du Plessis permitted his mount VALEDICTORY to shift inwards when not sufficiently clear dictating CORIANDER into the line of SHIRLINDA which was severely checked near the 1100 metres.

Submissions for Decision:

Mr Williamson demonstrated the relevant video films which showed VALEDICTORY racing in a 5 wide position approximately 100 metres after the start.  He then pointed out Mr Du Plessis angling his mount in on a sharp angle towards the running rail.  Mr Williamson submitted that this inward movement took VALEDICTORY into the line of CORIANDER who in turn was forced inwards onto SHIRLINDA which received a severe check.  He stated that VALEDICTORY  was a bare length clear of CORIANDER when moving in. 

Mr J Waddell, rider of SHIRLINDA, was called and said he was trying to hold his spot when he received crowding from the outside.  This caused him to sit back in the saddle and check sharply.

Mrs T Thornton, rider of CORIANDER, was then called and said her instructions were to go forward from barrier 3.  She said she gave her mount a couple of hits behind the saddle and admitted moving in slightly.  However immediatley following this she said Mr Du Plessis moved into her line when only a length clear which resulted in her being tightened and forcing her in.  She stated it was a quick movement but her line had been taken.

Mr Du Plessis said he was not admitting the breach because the check received by Mr Waddell was not due to him alone.  He stated that although he has moved in abruptly Mrs Thornton had moved in before he himself had done the same which started the tightening to SHIRLINDA.  He submitted that Mrs Thornton had kept riding forward and did not try to relieve pressure.  He concluded by saying this was VALEDICTORY'S first start and he reiterated he was not soley to blame.

Reasons for Decision:

The committee carefully considered all evidence and submissions before reviewing the video films.  We concede that Mrs Thornton did move in slightly and contributed to the check received by SHIRLINDA.  However we are satisfied that Mr Du Plessis was not the required distance clear of CORIANDER when angling in towards the rails.  This movement forced Mrs Thornton further in which caused the tightening to SHIRLINDA. 

Submissions for Penalty:

Mr Oatham produced Mr Du Plessis' record which showed 3 suspensions in the last 12 months.  He submitted that in today's charge that although there was some contribution to the incident from Mrs Thornton the major one at fault was Mr Du Plessis.  He said while he had some sympathy for Mr Du Plessis the check to Mr Waddell was a severe one.  He submitted his level of carelessness was just below mid range.

Mr Du Plessis told the committee he had commitments until after 27 January and did not really intend riding in the South Island in the near future.

Reasons for Penalty:

The committee carefully considered all submissions and finds some mitigation because of the inward movement of Mrs Thornton.  However the aggravating factor was the severe check received by Mr Waddell through Mr Du Plessis not being clear when moving in.  The committee independently assesses the breach to be in the mid range.  After considering theses facts along with Mr Du Plessis' record we find the appropriate penalty to be one of 5 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: b11988fab3ac9b806bbdec8474756763


informantnumber: 4894


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 19/01/2013


hearing_title: Waikato RC 23 January 2013 - R 4


charge:

Careless Riding


facts:

Following race 4 an information was filed pursuant to rule 638 (1) (d).  Mr J Oatham alleged that Mr Du Plessis permitted his mount VALEDICTORY to shift inwards when not sufficiently clear dictating CORIANDER into the line of SHIRLINDA which was severely checked near the 1100 metres.


appealdecision:


isappeal:


submissionsfordecision:

Mr Williamson demonstrated the relevant video films which showed VALEDICTORY racing in a 5 wide position approximately 100 metres after the start.  He then pointed out Mr Du Plessis angling his mount in on a sharp angle towards the running rail.  Mr Williamson submitted that this inward movement took VALEDICTORY into the line of CORIANDER who in turn was forced inwards onto SHIRLINDA which received a severe check.  He stated that VALEDICTORY  was a bare length clear of CORIANDER when moving in. 

Mr J Waddell, rider of SHIRLINDA, was called and said he was trying to hold his spot when he received crowding from the outside.  This caused him to sit back in the saddle and check sharply.

Mrs T Thornton, rider of CORIANDER, was then called and said her instructions were to go forward from barrier 3.  She said she gave her mount a couple of hits behind the saddle and admitted moving in slightly.  However immediatley following this she said Mr Du Plessis moved into her line when only a length clear which resulted in her being tightened and forcing her in.  She stated it was a quick movement but her line had been taken.

Mr Du Plessis said he was not admitting the breach because the check received by Mr Waddell was not due to him alone.  He stated that although he has moved in abruptly Mrs Thornton had moved in before he himself had done the same which started the tightening to SHIRLINDA.  He submitted that Mrs Thornton had kept riding forward and did not try to relieve pressure.  He concluded by saying this was VALEDICTORY'S first start and he reiterated he was not soley to blame.


reasonsfordecision:

The committee carefully considered all evidence and submissions before reviewing the video films.  We concede that Mrs Thornton did move in slightly and contributed to the check received by SHIRLINDA.  However we are satisfied that Mr Du Plessis was not the required distance clear of CORIANDER when angling in towards the rails.  This movement forced Mrs Thornton further in which caused the tightening to SHIRLINDA. 


Decision:

Accordingly for the above reasons we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Du Plessis' record which showed 3 suspensions in the last 12 months.  He submitted that in today's charge that although there was some contribution to the incident from Mrs Thornton the major one at fault was Mr Du Plessis.  He said while he had some sympathy for Mr Du Plessis the check to Mr Waddell was a severe one.  He submitted his level of carelessness was just below mid range.

Mr Du Plessis told the committee he had commitments until after 27 January and did not really intend riding in the South Island in the near future.


reasonsforpenalty:

The committee carefully considered all submissions and finds some mitigation because of the inward movement of Mrs Thornton.  However the aggravating factor was the severe check received by Mr Waddell through Mr Du Plessis not being clear when moving in.  The committee independently assesses the breach to be in the mid range.  After considering theses facts along with Mr Du Plessis' record we find the appropriate penalty to be one of 5 days.


penalty:

Accordingly we suspend Mr Du Plessis from riding in races which is to start after racing on 27 January and conclude after racing on 8 February 2013 (5 days).


hearing_type: Hearing


Rules: 638 (1) (d)


Informant: Mr J Oatham


JockeysandTrainer: Mr M Du Plessis, rider of VALEDICTORY


Otherperson: Mr M Williamson, Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2809acc8c8cf306e165dae737057d21c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 05888a10917162772dcb2e1872f47b62


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/01/2013


meet_title: Waikato RC - 23 January 2013


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "80", "Total": "49.6", "kmprice": 49.600000000000001, "Approved": "on"}]


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Waikato RC