Wairarapa RC 10 October 2013 – R 3
ID: JCA16289
Code:
Thoroughbred
Meet Title:
Wairarapa RC - 10 October 2013
Meet Chair:
PWilliams
Meet Committee Member 1:
NMcCutcheon
Race Date:
2013/10/10
Race Number:
R3
Decision:
Penalty:
Ms Myers is suspended for 6 riding days from the close of racing on Monday 14 October 2013 to the close of racing on Thursday 24 October 2013 – the 6 days being Whangarei (16 October), Woodville (17 October), Tauranga (18 October), Rotorua/Otaki (19 October), Te Aroha (23 October) and Hawkes Bay (24 October).
Charge:
Following the running of race 3 “The Acapulco Motor Inn Taupo 3YO”, Information A3275 was filed by Co-Chief Stipendiary Steward Mr R Neal under Rule 638(1)(d). The information stated “That passing the 1300m K Myers permitted her mount “Red Melody” to shift in when not clear of “Sanjara” which was dictated inward onto “Graciella” which in turn was taken in onto “Cool Hand Duke” which was checked".
Ms Kelly Myers signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that she understood the rule under which she was charged.
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 Goodwin using the head-on and side-on films showed the first 200m of the race. He highlighted Ms Kelly Myers on “Red Melody” coming across from her barrier draw of 8 slightly behind “Miss Rhythmic” ridden by Mr S Doyle who had jumped from barrier 7. He said that as Ms Myers followed Mr Doyle across to a position closer to the running rail she shifted in on “Sanjara” (Ms L Whelan) when only barely 1 length clear of that horse. As a result Ms Whelan was dictated inwards into “Graciella” (Ms Rosie Myers) who was taken in onto “Cool Hand Duke” (Ms M Dravitzki). He said Ms Whelan had no choice but to move in and in doing so she bumped Ms Rosie Myers who was taken inwards causing Ms Dravitzki to be checked and lose ground.
Ms Kelly Myers used the side on view of the film to explain that at the time she thought she was well clear of Ms Whelan. She said Ms Whelan had told her she was trying to steady her horse as it was over-racing. She conceded she had put Ms Whelan under some pressure but the interference had occurred after she had finished crossing Ms Whelan. To a question from the Committee Ms Kelly Myers stated that at the time she crossed over she thought she was at least a length clear but “obviously not the full 2 lengths clear”.
Mr Neal said that it was the view of the Stipendiary stewards that immediately prior to the beginning of the incident Ms Whelan’s horse was travelling kindly and not over racing as Ms Kelly Myers had alleged Ms Whelan had said to her. He reiterated what Mr Goodwin had said earlier that at best Ms Kelly Myers was no more than a length to maybe a length and a quarter ahead of Ms Whelan when crossing her.
Submissions for Penalty:
Mr Neal said Ms Myers had breached the careless riding rule 5 times in the previous 12 months as follows:-
21 September 2013, Hawkes Bay – 6 days
11 September 2013, Waikato – 3 days and a $600 fine
9 February 2013, Waikato – 5 days
12 November 2012, Avondale – 4 days
10 November 2012, Riccarton – 3 days.
He said it was not an unreasonable record for a rider who rides throughout the North Island and at selected meetings in the South Island. He alleged that at a recent Hawkes Bay meeting the Committee on the day had not considered similar riding records for 2 other riders a significantly adverse factor when determining the penalty for those riders. He said the incident today was an error of judgment on the part of Ms Kelly Myers and the Stewards considered the severity of the incident to be in the mid-range notwithstanding that the impact on Ms Dravitzki was significant. Mr Neal said he was aware of the JCA’s starting point of 5 days for a breach of the careless riding rule and submitted that whilst Ms Kelly Myers’ riding record was an aggravating factor, when considering the penalty to be imposed the fact that she had admitted the breach should be taken into consideration. He said the Stewards submitted that a 5 day suspension was an appropriate penalty.
Ms Kelly Myers said that she rode “a lot and everywhere”, that her record was good and that the interference was minimal. She said it was common for riders to cross each other when not the required 2 lengths clear and it unfortunate that Ms Whelan had bumped into Ms Rosie Myers which had caused the check to Ms Dravitzki. Ms Kelly Myers said that she had commitments to ride at Te Rapa on Monday 14 October and asked for any suspension to be deferred until after that race day.
Reasons for Penalty:
The Committee has reviewed films of the incident and taken into account the submissions of both parties. The head-on film clearly shows that immediately after the start Mr Doyle started to move across towards the running rail with Ms Kelly Myers to his outside and behind him. In following Mr Doyle across when she crossed in front of Ms Whelan the Committee believes she was only 1 length clear. As a result Ms Whelan was forced in onto and bumped Ms Rosie Myers. The consequences of that movement being that “Cool Hand Duke” (Ms Dravitzki), which was racing against the running rail, suffered relatively severe interference.
We have taken into account Ms Kelly Myers’ admittance of the breach and also noted her riding record and that this is her sixth breach of the careless riding rule in the last 11 months and, in particular, her third breach of the rule in the last month.
The Committee believes the interference caused must be reflected in an appropriate penalty which we have decided is a period of suspension. From a starting point of 5 days we have reduced that by 1 day for his admittance of the breach. However, there are two aggravating factors which must also be considered, namely the fact that 3 other riders were affected with one of them receiving a severe check and secondly Ms Kelly Myers’ riding record which we do not consider to be good especially given this is her third breach of the careless riding rule in the past month.
We have not taken into consideration the comments allegedly said by Ms Whelan to Ms Kelly Myers nor Mr Neal’s comment’s about what may have been recently said by another Committee about riders with similar riding records to Ms Kelly Myers.
Ms Kelly Myers’ request for a deferral of the suspension is agreed to in terms of Rule 1106(2).
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: d56334d7c3adf0362ddcac54cc0d4352
informantnumber: A3275
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2013
hearing_title: Wairarapa RC 10 October 2013 - R 3
charge:
Following the running of race 3 “The Acapulco Motor Inn Taupo 3YO”, Information A3275 was filed by Co-Chief Stipendiary Steward Mr R Neal under Rule 638(1)(d). The information stated “That passing the 1300m K Myers permitted her mount “Red Melody” to shift in when not clear of “Sanjara” which was dictated inward onto “Graciella” which in turn was taken in onto “Cool Hand Duke” which was checked".
Ms Kelly Myers signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that she understood the rule under which she was charged.
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 Goodwin using the head-on and side-on films showed the first 200m of the race. He highlighted Ms Kelly Myers on “Red Melody” coming across from her barrier draw of 8 slightly behind “Miss Rhythmic” ridden by Mr S Doyle who had jumped from barrier 7. He said that as Ms Myers followed Mr Doyle across to a position closer to the running rail she shifted in on “Sanjara” (Ms L Whelan) when only barely 1 length clear of that horse. As a result Ms Whelan was dictated inwards into “Graciella” (Ms Rosie Myers) who was taken in onto “Cool Hand Duke” (Ms M Dravitzki). He said Ms Whelan had no choice but to move in and in doing so she bumped Ms Rosie Myers who was taken inwards causing Ms Dravitzki to be checked and lose ground.
Ms Kelly Myers used the side on view of the film to explain that at the time she thought she was well clear of Ms Whelan. She said Ms Whelan had told her she was trying to steady her horse as it was over-racing. She conceded she had put Ms Whelan under some pressure but the interference had occurred after she had finished crossing Ms Whelan. To a question from the Committee Ms Kelly Myers stated that at the time she crossed over she thought she was at least a length clear but “obviously not the full 2 lengths clear”.
Mr Neal said that it was the view of the Stipendiary stewards that immediately prior to the beginning of the incident Ms Whelan’s horse was travelling kindly and not over racing as Ms Kelly Myers had alleged Ms Whelan had said to her. He reiterated what Mr Goodwin had said earlier that at best Ms Kelly Myers was no more than a length to maybe a length and a quarter ahead of Ms Whelan when crossing her.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Neal said Ms Myers had breached the careless riding rule 5 times in the previous 12 months as follows:-
21 September 2013, Hawkes Bay – 6 days
11 September 2013, Waikato – 3 days and a $600 fine
9 February 2013, Waikato – 5 days
12 November 2012, Avondale – 4 days
10 November 2012, Riccarton – 3 days.
He said it was not an unreasonable record for a rider who rides throughout the North Island and at selected meetings in the South Island. He alleged that at a recent Hawkes Bay meeting the Committee on the day had not considered similar riding records for 2 other riders a significantly adverse factor when determining the penalty for those riders. He said the incident today was an error of judgment on the part of Ms Kelly Myers and the Stewards considered the severity of the incident to be in the mid-range notwithstanding that the impact on Ms Dravitzki was significant. Mr Neal said he was aware of the JCA’s starting point of 5 days for a breach of the careless riding rule and submitted that whilst Ms Kelly Myers’ riding record was an aggravating factor, when considering the penalty to be imposed the fact that she had admitted the breach should be taken into consideration. He said the Stewards submitted that a 5 day suspension was an appropriate penalty.
Ms Kelly Myers said that she rode “a lot and everywhere”, that her record was good and that the interference was minimal. She said it was common for riders to cross each other when not the required 2 lengths clear and it unfortunate that Ms Whelan had bumped into Ms Rosie Myers which had caused the check to Ms Dravitzki. Ms Kelly Myers said that she had commitments to ride at Te Rapa on Monday 14 October and asked for any suspension to be deferred until after that race day.
reasonsforpenalty:
The Committee has reviewed films of the incident and taken into account the submissions of both parties. The head-on film clearly shows that immediately after the start Mr Doyle started to move across towards the running rail with Ms Kelly Myers to his outside and behind him. In following Mr Doyle across when she crossed in front of Ms Whelan the Committee believes she was only 1 length clear. As a result Ms Whelan was forced in onto and bumped Ms Rosie Myers. The consequences of that movement being that “Cool Hand Duke” (Ms Dravitzki), which was racing against the running rail, suffered relatively severe interference.
We have taken into account Ms Kelly Myers’ admittance of the breach and also noted her riding record and that this is her sixth breach of the careless riding rule in the last 11 months and, in particular, her third breach of the rule in the last month.
The Committee believes the interference caused must be reflected in an appropriate penalty which we have decided is a period of suspension. From a starting point of 5 days we have reduced that by 1 day for his admittance of the breach. However, there are two aggravating factors which must also be considered, namely the fact that 3 other riders were affected with one of them receiving a severe check and secondly Ms Kelly Myers’ riding record which we do not consider to be good especially given this is her third breach of the careless riding rule in the past month.
We have not taken into consideration the comments allegedly said by Ms Whelan to Ms Kelly Myers nor Mr Neal’s comment’s about what may have been recently said by another Committee about riders with similar riding records to Ms Kelly Myers.
Ms Kelly Myers’ request for a deferral of the suspension is agreed to in terms of Rule 1106(2).
penalty:
Ms Myers is suspended for 6 riding days from the close of racing on Monday 14 October 2013 to the close of racing on Thursday 24 October 2013 – the 6 days being Whangarei (16 October), Woodville (17 October), Tauranga (18 October), Rotorua/Otaki (19 October), Te Aroha (23 October) and Hawkes Bay (24 October).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr R Neal - Co Chief Stipendiary Steward
JockeysandTrainer: Ms K Myers - Licensed Jockey
Otherperson: Mr N Goodwin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 723a893e89c39e5c006f5dbabc335673
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race_emailed1: 0
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race_title: R3
submittochair:
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meetid: c1850bcce5c0ddc37846f35e2932d42e
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meetdate: 10/10/2013
meet_title: Wairarapa RC - 10 October 2013
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meet_pm1: NMcCutcheon
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name: Wairarapa RC