Archive Decision

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Waikato RC 7 May 2016 – R 4 – Chair, Mr R Seabrook

ID: JCA15753

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
M Gibbs-Manssen - Rider of SINISTA

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
6955

Hearing Type:
Hearing

New Charge:
Incompetent Riding

Rules:
638(1)(e)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 7 May 2016

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2016/05/07

Race Number:
R4

Decision:

 As the breach was admitted we find the charge proved.

Penalty:

The JCA penalty guide recommends a starting point of 6 weeks for an incompetent ride. However because of the reasons mentioned above, as well as referring to the only other breach of this rule by a jumps rider, where he was suspended for 1 month, we find the appropriate suspension in this case is a 1 month suspension.

Accordingly Mr Gibbs-Manssen is suspended from riding in races from after racing today, 7 May and conclude after racing on 6 June. This equates to 6 race days : 14 May Rotorua, 21 May Te Rapa, 25 May Counties, 29 May Egmont, 1 June Matamata, 6 June Ellerslie.

As Mr Gibbs-Manssen had no record of riding in the south island and no intention of going there in the near future those dates were not included.

Facts:

Following Race 4 The Ken and Roger Browne Memorial Steeplechase an information was filed pursuant to Rule 638(1) (e). The informant alleged that Mr Gibbs-Manssen rode his mount Sinista in an incompetent manner.

The rule reads as follows A rider shall not ride a horse in a manner which the Judicial Committee considers to be incompetent.

Mr Williamson demonstrated the video films pointing out SINISTA (M Gibbs-Manssen) racing widest of all at most stages of the race.  He said there were  numerous points of concern but the primary one was when Mr Gibbs-Manssen missed the junction leading to the centre of the steeplechase course.  This led to SINISTA losing lots of ground before Mr Gibbs-Manssen realised his mistake and rejoined the field.  Mr Williamson demonstrated where on at least 2 other occasions Mr Gibbs-Manssen covered unnecessary ground by going very wide.

In answer to a question from the committee Mr Williamson confirmed that all the jump riders had been demonstrated the map of the steeplechase course prior to the race. Mr Williamson concluded by saying that the ride of Mr Gibbs-Manssen was not at a level which the public should accept.

Mr Gibbs-Manssen confirmed he had been shown a plan of the course but added this was his first steeplechase ride at Te Rapa.  He concluded by saying he did not know at what angle he should jump the fences at  when he was leading the field. 

Submissions for Penalty:

Mr Oatham told the committee that Mr Gibbs-Manssen had a clear record under this rule and was still relatively inexperienced with 10 previous rides over jumps. He said Mr Gibbs-Manssen had admitted the breach and had been fully co-operative with the stewards. However Mr Oatham said regarding todays charge, the stewards expected a much higher standard and Mr Gibbs-Manssen had to do much better in the future and put more preparation into his rides. Mr Oatham concluded by saying the betting public was let down by Mr Gibbs-Manssen's actions.  He asked the committee to consider the reduced opportunities for jumps riders when assessing penalty. He referred to the only previous breach of this rule by a jumps rider where Mr Ormsby was suspended for 1 month in 2010.

Mr Oatham submitted a suspension of 3-4 weeks would be appropriate in today's case.

Mr Gibbs-Manssen said he had no commitments in the next 7 days and he did not ride in the South Island.

Reasons for Penalty:

The committee has carefully considered all the evidence and submissions as presented.  The mitigating factors in this case are Mr Gibbbs-Manssen's admission of the breach and his clear record.  However these must be considered along side the compelling aggravating ones of incompetence displayed by Mr Gibbs-Manssen. In this instance Mr Gibbs-Manssen was guilty of racing unneccessarily wide on several occasions costing his mount valuable ground.  By his own admission he misjudged the steeple chase course albeit having had the course explained to him by the stewards prior to the race.  The committee assesses Mr Gibbs-Manssen's level of culpability to be in the high end.  Another concern to the committee is  that the betting public was seriously disadvantaged through his incompetence.

In assessing penalty the committee did have regard to Mr Gibbs-Manssen's inexperience with today's race being only his eleventh ride over fences most of which have been over hurdles.  We had further regard for the limited riding opportunities to jumping and highweight riders during the winter season.

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: cc129a24c4f9b43ab9e5925f15df0ba2


informantnumber: 6955


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Incompetent Riding


plea: admitted


penaltyrequired: 1


decisiondate: 08/05/2016


hearing_title: Waikato RC 7 May 2016 - R 4 - Chair, Mr R Seabrook


charge:


facts:

Following Race 4 The Ken and Roger Browne Memorial Steeplechase an information was filed pursuant to Rule 638(1) (e). The informant alleged that Mr Gibbs-Manssen rode his mount Sinista in an incompetent manner.

The rule reads as follows A rider shall not ride a horse in a manner which the Judicial Committee considers to be incompetent.

Mr Williamson demonstrated the video films pointing out SINISTA (M Gibbs-Manssen) racing widest of all at most stages of the race.  He said there were  numerous points of concern but the primary one was when Mr Gibbs-Manssen missed the junction leading to the centre of the steeplechase course.  This led to SINISTA losing lots of ground before Mr Gibbs-Manssen realised his mistake and rejoined the field.  Mr Williamson demonstrated where on at least 2 other occasions Mr Gibbs-Manssen covered unnecessary ground by going very wide.

In answer to a question from the committee Mr Williamson confirmed that all the jump riders had been demonstrated the map of the steeplechase course prior to the race. Mr Williamson concluded by saying that the ride of Mr Gibbs-Manssen was not at a level which the public should accept.

Mr Gibbs-Manssen confirmed he had been shown a plan of the course but added this was his first steeplechase ride at Te Rapa.  He concluded by saying he did not know at what angle he should jump the fences at  when he was leading the field. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

 As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham told the committee that Mr Gibbs-Manssen had a clear record under this rule and was still relatively inexperienced with 10 previous rides over jumps. He said Mr Gibbs-Manssen had admitted the breach and had been fully co-operative with the stewards. However Mr Oatham said regarding todays charge, the stewards expected a much higher standard and Mr Gibbs-Manssen had to do much better in the future and put more preparation into his rides. Mr Oatham concluded by saying the betting public was let down by Mr Gibbs-Manssen's actions.  He asked the committee to consider the reduced opportunities for jumps riders when assessing penalty. He referred to the only previous breach of this rule by a jumps rider where Mr Ormsby was suspended for 1 month in 2010.

Mr Oatham submitted a suspension of 3-4 weeks would be appropriate in today's case.

Mr Gibbs-Manssen said he had no commitments in the next 7 days and he did not ride in the South Island.


reasonsforpenalty:

The committee has carefully considered all the evidence and submissions as presented.  The mitigating factors in this case are Mr Gibbbs-Manssen's admission of the breach and his clear record.  However these must be considered along side the compelling aggravating ones of incompetence displayed by Mr Gibbs-Manssen. In this instance Mr Gibbs-Manssen was guilty of racing unneccessarily wide on several occasions costing his mount valuable ground.  By his own admission he misjudged the steeple chase course albeit having had the course explained to him by the stewards prior to the race.  The committee assesses Mr Gibbs-Manssen's level of culpability to be in the high end.  Another concern to the committee is  that the betting public was seriously disadvantaged through his incompetence.

In assessing penalty the committee did have regard to Mr Gibbs-Manssen's inexperience with today's race being only his eleventh ride over fences most of which have been over hurdles.  We had further regard for the limited riding opportunities to jumping and highweight riders during the winter season.


penalty:

The JCA penalty guide recommends a starting point of 6 weeks for an incompetent ride. However because of the reasons mentioned above, as well as referring to the only other breach of this rule by a jumps rider, where he was suspended for 1 month, we find the appropriate suspension in this case is a 1 month suspension.

Accordingly Mr Gibbs-Manssen is suspended from riding in races from after racing today, 7 May and conclude after racing on 6 June. This equates to 6 race days : 14 May Rotorua, 21 May Te Rapa, 25 May Counties, 29 May Egmont, 1 June Matamata, 6 June Ellerslie.

As Mr Gibbs-Manssen had no record of riding in the south island and no intention of going there in the near future those dates were not included.


hearing_type: Hearing


Rules: 638(1)(e)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: M Gibbs-Manssen - Rider of SINISTA


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: cb28cd5d3da56d7a65fc8d09d9404503


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: a4e0fcd617a3cd00f351be3b3e9e8976


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/05/2016


meet_title: Waikato RC - 7 May 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Waikato RC