Archive Decision

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Waipa RC 29 July 2015 – R 7 – Chair, Mr A Dooley

ID: JCA16435

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr D Hain - Licensed Jockey

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A3599

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waipa RC - 29 July 2015

Meet Chair:
ADooley

Race Date:
2015/07/29

Race Number:
R7

Decision:

As Mr Hain admitted the breach the Committee find the charge proved.

Penalty:

Accordingly, Mr Hain had his license to ride in races suspended for a period to commence after racing on 29 July and conclude after racing on 8 August 2015(4 North Island Days).

That period of suspension encompasses meetings at Whangarei, Tauherenikau, Matamata and Tauranga.

The race meetings scheduled for 30 July and 31 July were not included in Mr Hain’s penalty because the declaration of riders had closed.

 

Facts:

Following the running of race 7, Debbie Sweeney Birthday Wishes 1150, an Information was filed pursuant to Rule 638 (1)(d).The Informant, Mr Williamson, alleged that Mr Hain permitted his mount BE BEAUTIFUL to shift inwards shortly after the start when not sufficiently clear of SAMCHAZO which was dictated inwards crowding WICKEDLY and BEAR which were both checked.

Mr Hain acknowledged that he understood 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 Oatham identified on the video footage that Mr Hain jumped from barrier 7 and the 3 horses racing directly to his inside all received checks. He said this was because Mr Hain shifted in when not the required distance clear of SAMCHAZO which was dictated inwards. He demonstrated that WICKEDLY lost considerable ground when crowded. He said in mitigation the running rail was out 6 metres which meant there wasn’t as much room as normal. However he added that Mr Hain had an obligation to ensure he was sufficiently clear before shifting in.

Mr Hain said Mr Oatham summed it up well and accepted that he failed to leave sufficient room for horses racing on his inside. He said the running rail being out some distance didn’t help the situation.

Submissions for Penalty:

Mr Williamson produced Mr Hain’s record which showed 1 previous breach under this Rule in the last 12 months which incurred a 4 day suspension. He said the Stewards assess the level of carelessness in the mid to low range and believed a contributing factor to the interference was the location of the running rail. He submitted a low end suspension would be appropriate.

Mr Hain advised that he had no upcoming engagements and any proposed penalty could start immediately. Mr Hain added that he rode at Stratford on July 9, Mr Williamson was able to confirm this.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Hain’s admission of the breach and his very good record in relation to this Rule. However, this has to be balanced against the consequences of Mr Hain’s actions which resulted in 3 horses being checked to varying degrees. The worst affected was WICKEDLY who was crowded and lost approximately 3 lengths. The Committee assess the impact of the carelessness was mid – range.

The Committee notes that Mr Hain rode at Stratford on July 9 which was an Industry day.

After taking into account all the above factors the Committee considers an appropriate suspension is 4 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: b4a2ba22d6b87ff5fcf13ed03e8df25d


informantnumber: A3599


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 29/07/2015


hearing_title: Waipa RC 29 July 2015 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Debbie Sweeney Birthday Wishes 1150, an Information was filed pursuant to Rule 638 (1)(d).The Informant, Mr Williamson, alleged that Mr Hain permitted his mount BE BEAUTIFUL to shift inwards shortly after the start when not sufficiently clear of SAMCHAZO which was dictated inwards crowding WICKEDLY and BEAR which were both checked.

Mr Hain acknowledged that he understood 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 Oatham identified on the video footage that Mr Hain jumped from barrier 7 and the 3 horses racing directly to his inside all received checks. He said this was because Mr Hain shifted in when not the required distance clear of SAMCHAZO which was dictated inwards. He demonstrated that WICKEDLY lost considerable ground when crowded. He said in mitigation the running rail was out 6 metres which meant there wasn’t as much room as normal. However he added that Mr Hain had an obligation to ensure he was sufficiently clear before shifting in.

Mr Hain said Mr Oatham summed it up well and accepted that he failed to leave sufficient room for horses racing on his inside. He said the running rail being out some distance didn’t help the situation.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hain admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Hain’s record which showed 1 previous breach under this Rule in the last 12 months which incurred a 4 day suspension. He said the Stewards assess the level of carelessness in the mid to low range and believed a contributing factor to the interference was the location of the running rail. He submitted a low end suspension would be appropriate.

Mr Hain advised that he had no upcoming engagements and any proposed penalty could start immediately. Mr Hain added that he rode at Stratford on July 9, Mr Williamson was able to confirm this.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Hain’s admission of the breach and his very good record in relation to this Rule. However, this has to be balanced against the consequences of Mr Hain’s actions which resulted in 3 horses being checked to varying degrees. The worst affected was WICKEDLY who was crowded and lost approximately 3 lengths. The Committee assess the impact of the carelessness was mid – range.

The Committee notes that Mr Hain rode at Stratford on July 9 which was an Industry day.

After taking into account all the above factors the Committee considers an appropriate suspension is 4 days.


penalty:

Accordingly, Mr Hain had his license to ride in races suspended for a period to commence after racing on 29 July and conclude after racing on 8 August 2015(4 North Island Days).

That period of suspension encompasses meetings at Whangarei, Tauherenikau, Matamata and Tauranga.

The race meetings scheduled for 30 July and 31 July were not included in Mr Hain’s penalty because the declaration of riders had closed.

 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr D Hain - Licensed Jockey


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e201594b3eac0d0c8a36aba08547d072


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


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meetdate: 29/07/2015


meet_title: Waipa RC - 29 July 2015


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tracklocation: waipa-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


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name: Waipa RC