Archive Decision

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Wairarapa RC – 7 February 2010 – Race 9

ID: JCA19469

Hearing Type:
Old Hearing

Rules:
638.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Wairarapa RC - 7 February 2010

Race Date:
2010/02/07

Race Number:
Race 9

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No. 6739

--

Meeting   Wairarapa Racing Club

--

Date  07 February 2010

--

Venue     Tauherenikau

--

Race 9  The Masterton 28 March @ Tauherenikau 1300

--

Rule  638 (1) (d)
 
Judicial (Chair)  P Williams,  Committee  T Castles and M Blackburn

--

Plea  Admitted

--

Appearing Informant: Stipendiary Steward Mr N Goodwin
                   Defendant: Mr H Tinsley

--

Following the running of race 9, the Masterton 28 March @ Tauherenikau 1300, Mr Tinsley was charged with careless riding under rule 638 (1) (d).  The information alleged that “H Tinsley permitted his mount (GORSE) to shift in near the 1150m when not clear of MEDUNA (L Hemi) which was dictated inwards onto JUNGLE TALK (L Allpress) which was checked”.

--

 



RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No. 6739

--

Meeting   Wairarapa Racing Club

--

Date  07 February 2010

--

Venue     Tauherenikau

--

Race 9  The Masterton 28 March @ Tauherenikau 1300

--

Rule  638 (1) (d)
 
Judicial (Chair)  P Williams,  Committee  T Castles and M Blackburn

--

Plea  Admitted

--

Appearing Informant: Stipendiary Steward Mr N Goodwin
                   Defendant: Mr H Tinsley

--

Following the running of race 9, the Masterton 28 March @ Tauherenikau 1300, Mr Tinsley was charged with careless riding under rule 638 (1) (d).  The information alleged that “H Tinsley permitted his mount (GORSE) to shift in near the 1150m when not clear of MEDUNA (L Hemi) which was dictated inwards onto JUNGLE TALK (L Allpress) which was checked”.

--

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

--

Mr Tinsley indicated on the information he admitted this breach of the rules.  He also agreed he understood the charge and the rule it was laid under.  As the breach of the rule was admitted the charge was proven.

--

Stipendiary Steward Mr Goodwin showed the head-on and side-on films of the incident.  Mr Goodwin said at approximately the 1150m point Mr Tinsley commenced coming across towards the running rail dictating Ms Hemi inwards into the line of Ms Allpress who had to take hold of her mount.  He said that Mr Tinsley was not the required length plus 1 in front of Ms Hemi.  He added that both Ms Hemi and Ms Allpress were entitled to be where they were and to a clear line of running.

--

The Committee asked Mr Goodwin to comment on the film which showed that just before the incident occurred JUNGLE TALK (Ms Allpress) appeared to be racing ungenerously and causing Ms Allpress some difficulties.  He conceded that she was having some difficulties with her mount which were accentuated by the inward movement of Ms Hemi who could not relieve the pressure coming onto Ms Allpress because of the inward movement she was receiving from Mr Tinsley.  He said he had spoken to Ms Hemi and Ms Allpress and both had confirmed they had been dictated to by the inwards movement of Mr Tinsley.  Mr Goodwin said that the main reason for the charge was that Mr Tinsley had shifted in when not the required distance clear of Ms Hemi who could not relieve the pressure and as a result she was dictated inwards causing Ms Allpress to check her mount.  He agreed that a mitigating factor was that Ms Allpress had trouble with her horse at least 3 strides before Ms Hemi was dictated into her.

--

Stipendiary Steward Mr Neal told the Committee that when the Stewards interviewed Ms Allpress about the incident she told them that she could see that tightening was about to happen and the difficulties she was having was because she was attempting to take hold of her horse to minimise any impact on her.

--

Mr Tinsley, while admitting that he had caused tightening to Ms Hemi, said the problems encountered by Ms Allpress were not all of his making as her horse was causing her some trouble prior to him coming across onto Ms Hemi.  He said the film clearly showed him looking 2 or 3 times at Ms Hemi on his inside as he came across.  He said that he did not hear any calling from Ms Hemi or Ms Allpress and did not even see Ms Allpress as he came across.

--

Penalty Submission

--

In relation to penalty Mr Goodwin said Mr Tinsley was a senior rider who had an excellent record with only one careless riding charge in the last 12 months.  The Stipendiary Stewards said the suspension was in September 2009 but JCA records show the date of his last suspension as being 28 February 2009.  The stewards believed the incident was at the low end of the scale and, whilst there were mitigating factors relating to the difficulties Ms Allpress was having immediately before she received tightening from Ms Hemi, that tightening received by Ms Allpress was the result of Ms Hemi being dictated inwards by the inwards movement of Mr Tinsley.  He believed a suspension of 4 days was appropriate.

--

Mr Tinsley confirmed if he were to be suspended he would like it commence after the close of racing on Saturday 13 February 2010.

--

Decision

--

In coming to a decision on penalty the Committee has carefully considered the incident as shown on the films and all the submissions put before it.  We have taken into account Mr Tinsley’s admittance of the breach and his excellent riding record.  We agree with the Stewards that the incident is at the low end of the range.  We also agree that in permitting his mount to move inward Mr Tinsley did take Ms Hemi’s rightful line of running causing her to move inwards onto Ms Allpress although we also note that Ms Allpress was having difficulties with her mount immediately before the incident occurred. We agree a period of suspension is the appropriate penalty and Mr Tinsley is suspended from the conclusion of racing on Saturday 13 February 2010 until the conclusion of racing on Friday 19 February 2010, that being 4 riding days.

--


P Williams               T Castles/M Blackburn
CHAIR                     Committee Members
6739

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--

 

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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: 5db1f7b1135954ebb5c1ba382bdd63f9


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 07/02/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Wairarapa RC - 7 February 2010 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No. 6739

--

Meeting   Wairarapa Racing Club

--

Date  07 February 2010

--

Venue     Tauherenikau

--

Race 9  The Masterton 28 March @ Tauherenikau 1300

--

Rule  638 (1) (d)
 
Judicial (Chair)  P Williams,  Committee  T Castles and M Blackburn

--

Plea  Admitted

--

Appearing Informant: Stipendiary Steward Mr N Goodwin
                   Defendant: Mr H Tinsley

--

Following the running of race 9, the Masterton 28 March @ Tauherenikau 1300, Mr Tinsley was charged with careless riding under rule 638 (1) (d).  The information alleged that “H Tinsley permitted his mount (GORSE) to shift in near the 1150m when not clear of MEDUNA (L Hemi) which was dictated inwards onto JUNGLE TALK (L Allpress) which was checked”.

--

 



RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No. 6739

--

Meeting   Wairarapa Racing Club

--

Date  07 February 2010

--

Venue     Tauherenikau

--

Race 9  The Masterton 28 March @ Tauherenikau 1300

--

Rule  638 (1) (d)
 
Judicial (Chair)  P Williams,  Committee  T Castles and M Blackburn

--

Plea  Admitted

--

Appearing Informant: Stipendiary Steward Mr N Goodwin
                   Defendant: Mr H Tinsley

--

Following the running of race 9, the Masterton 28 March @ Tauherenikau 1300, Mr Tinsley was charged with careless riding under rule 638 (1) (d).  The information alleged that “H Tinsley permitted his mount (GORSE) to shift in near the 1150m when not clear of MEDUNA (L Hemi) which was dictated inwards onto JUNGLE TALK (L Allpress) which was checked”.

--

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

--

Mr Tinsley indicated on the information he admitted this breach of the rules.  He also agreed he understood the charge and the rule it was laid under.  As the breach of the rule was admitted the charge was proven.

--

Stipendiary Steward Mr Goodwin showed the head-on and side-on films of the incident.  Mr Goodwin said at approximately the 1150m point Mr Tinsley commenced coming across towards the running rail dictating Ms Hemi inwards into the line of Ms Allpress who had to take hold of her mount.  He said that Mr Tinsley was not the required length plus 1 in front of Ms Hemi.  He added that both Ms Hemi and Ms Allpress were entitled to be where they were and to a clear line of running.

--

The Committee asked Mr Goodwin to comment on the film which showed that just before the incident occurred JUNGLE TALK (Ms Allpress) appeared to be racing ungenerously and causing Ms Allpress some difficulties.  He conceded that she was having some difficulties with her mount which were accentuated by the inward movement of Ms Hemi who could not relieve the pressure coming onto Ms Allpress because of the inward movement she was receiving from Mr Tinsley.  He said he had spoken to Ms Hemi and Ms Allpress and both had confirmed they had been dictated to by the inwards movement of Mr Tinsley.  Mr Goodwin said that the main reason for the charge was that Mr Tinsley had shifted in when not the required distance clear of Ms Hemi who could not relieve the pressure and as a result she was dictated inwards causing Ms Allpress to check her mount.  He agreed that a mitigating factor was that Ms Allpress had trouble with her horse at least 3 strides before Ms Hemi was dictated into her.

--

Stipendiary Steward Mr Neal told the Committee that when the Stewards interviewed Ms Allpress about the incident she told them that she could see that tightening was about to happen and the difficulties she was having was because she was attempting to take hold of her horse to minimise any impact on her.

--

Mr Tinsley, while admitting that he had caused tightening to Ms Hemi, said the problems encountered by Ms Allpress were not all of his making as her horse was causing her some trouble prior to him coming across onto Ms Hemi.  He said the film clearly showed him looking 2 or 3 times at Ms Hemi on his inside as he came across.  He said that he did not hear any calling from Ms Hemi or Ms Allpress and did not even see Ms Allpress as he came across.

--

Penalty Submission

--

In relation to penalty Mr Goodwin said Mr Tinsley was a senior rider who had an excellent record with only one careless riding charge in the last 12 months.  The Stipendiary Stewards said the suspension was in September 2009 but JCA records show the date of his last suspension as being 28 February 2009.  The stewards believed the incident was at the low end of the scale and, whilst there were mitigating factors relating to the difficulties Ms Allpress was having immediately before she received tightening from Ms Hemi, that tightening received by Ms Allpress was the result of Ms Hemi being dictated inwards by the inwards movement of Mr Tinsley.  He believed a suspension of 4 days was appropriate.

--

Mr Tinsley confirmed if he were to be suspended he would like it commence after the close of racing on Saturday 13 February 2010.

--

Decision

--

In coming to a decision on penalty the Committee has carefully considered the incident as shown on the films and all the submissions put before it.  We have taken into account Mr Tinsley’s admittance of the breach and his excellent riding record.  We agree with the Stewards that the incident is at the low end of the range.  We also agree that in permitting his mount to move inward Mr Tinsley did take Ms Hemi’s rightful line of running causing her to move inwards onto Ms Allpress although we also note that Ms Allpress was having difficulties with her mount immediately before the incident occurred. We agree a period of suspension is the appropriate penalty and Mr Tinsley is suspended from the conclusion of racing on Saturday 13 February 2010 until the conclusion of racing on Friday 19 February 2010, that being 4 riding days.

--


P Williams               T Castles/M Blackburn
CHAIR                     Committee Members
6739

--

 

--

 

--


 


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Rules: 638.1.d


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