Archive Decision

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Waikato RC 28 October 2013 – R 6

ID: JCA12429

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Ms T Thornton - Licensed Jockey

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
A2907

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 28 October 2013

Meet Chair:
ADooley

Meet Committee Member 1:
GTankard

Race Date:
2013/10/28

Race Number:
R6

Decision:

As Ms T Thornton admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a suspension on Ms Thornton which will commence after racing on October 30 and conclude after racing on November 6 (4 North Island days).

Charge:

Following race 6, Sapphire Properties 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 1200 metres Ms Thornton allowed her mount BAGSAGOLD to shift in, when not clear of BENGHAAZI BURNER which was checked.

Ms T Thornton acknowledged that she understood the nature of the charge and the Rule.

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

Facts:

Mr Williamson identified 200 metres after the start that Ms Thornton permitted her mount to shift inwards when not sufficiently clear of BENGHAZI BURNER which was checked. He said in slight mitigation was that Ms Spratt had improved her mount along the inside of Ms Thornton and caught her unaware.

Ms Thornton advised the Committee that she admitted the breach but felt there were some mitigating factors involved in the breach. She stated that Ms Spratt had confirmed this during the Stewards' investigation.

Submissions for Penalty:

Mr Oatham produced Ms Thornton's record which showed 3 previous breaches under this Rule in the last 12 months. He noted the last breach occurred in February 2013. He said Ms Thornton had a relatively good record and he believed Ms Thornton made an error of judgement on this occasion. Mr Oatham assessed the level of carelessness as low end and submitted a penalty along those lines would be appropriate.

Ms Thornton advised that she had upcoming commitments at Counties on October 30, and that any period of suspension could commence after that.

In response to a question from the Committee, Ms Thornton advised that she had no intention of riding at Invercargill or Banks Peninsula in November.

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 Ms Thornton's admission of the breach, we assess the level of carelessness as low range and her good record in relation to this Rule. We note Ms Thornton was not the required distance clear when shifting in.

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: 5b1db5dc135f6066b8a1fb03472f9a88


informantnumber: A2907


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/10/2013


hearing_title: Waikato RC 28 October 2013 - R 6


charge:

Following race 6, Sapphire Properties 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that near the 1200 metres Ms Thornton allowed her mount BAGSAGOLD to shift in, when not clear of BENGHAAZI BURNER which was checked.

Ms T Thornton acknowledged that she understood the nature of the charge and the Rule.

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


facts:

Mr Williamson identified 200 metres after the start that Ms Thornton permitted her mount to shift inwards when not sufficiently clear of BENGHAZI BURNER which was checked. He said in slight mitigation was that Ms Spratt had improved her mount along the inside of Ms Thornton and caught her unaware.

Ms Thornton advised the Committee that she admitted the breach but felt there were some mitigating factors involved in the breach. She stated that Ms Spratt had confirmed this during the Stewards' investigation.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms T Thornton admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Ms Thornton's record which showed 3 previous breaches under this Rule in the last 12 months. He noted the last breach occurred in February 2013. He said Ms Thornton had a relatively good record and he believed Ms Thornton made an error of judgement on this occasion. Mr Oatham assessed the level of carelessness as low end and submitted a penalty along those lines would be appropriate.

Ms Thornton advised that she had upcoming commitments at Counties on October 30, and that any period of suspension could commence after that.

In response to a question from the Committee, Ms Thornton advised that she had no intention of riding at Invercargill or Banks Peninsula in November.


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 Ms Thornton's admission of the breach, we assess the level of carelessness as low range and her good record in relation to this Rule. We note Ms Thornton was not the required distance clear when shifting in.

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


penalty:

Accordingly, we impose a suspension on Ms Thornton which will commence after racing on October 30 and conclude after racing on November 6 (4 North Island days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Ms T Thornton - Licensed Jockey


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 902b0830aca46947e0644b1513171a6e


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: 3d99e6470397667c1435aa79b97768bf


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/10/2013


meet_title: Waikato RC - 28 October 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GTankard


meet_pm2: none


name: Waikato RC