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Wairoa RC 14 February 2013 – R 5

ID: JCA13628

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr M Dee - Licenced Apprentice Jockey

Other Person:
Mr H Tinsley - Licenced Jockey assisting Apprentice Dee

Information Number:
A3118

Hearing Type:
Hearing

Rules:
Rule 638 (1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wairoa RC - 14 February 2013

Meet Chair:
TUtikere

Meet Committee Member 1:
TCastles

Race Date:
2013/02/14

Race Number:
Race 5

Decision:

As the charge was admitted it was found to be proved.

Penalty:

Apprentice Dee’s licence to ride will be suspended from the conclusion of racing on Sunday 17 February 2013 until the conclusion of racing on Saturday 23 February 2013. This is a total of three (3) days. This incorporates the Counties (20th), Te Aroha (21st) and Matamata/Otaki (23rd) meetings.

Charge:

Following Race 5, Apprentice Jockey M Dee was charged with careless riding under Rule 638(1)(d). The information stated ”Apprentice Jockey Michael Dee allowed his mount BELLA ARTOIS to shift inwards near the 700 metres when not clear of ARCHETTO (J Oliver) 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: … (d) careless.”

Facts:

Mr Dee indicated to the committee that he understood Rule 638 (1)(d), and that he admitted the breach.

Using the back-straight film, Mr Goodwin identified BELLA ARTOIS (M Dee) and ARCHETTO (J Oliver) leaving the back straight and approaching the 800m mark. Mr Dee was riding his horse along with vigour, when his mount started to shift inwards into the line of ARCHETTO which was subsequently checked. Mr Goodwin pointed out that Mr Oliver was severely unbalanced at this particular point. Using the side-on film, Mr Goodwin identified that there was no pressure on Mr Dee prior to the incident. He also noted that BELLA ARTOIS was racing greenly, and that this was its first start, but that Mr Dee continued to push his mount along when the incident occurred. To support the view that BELLA ARTOIS was racing greenly just prior to the incident, it was observed that the 3 year old hampered MISS SING, forcing Mr Bradley to take a hold of his horse.

In assisting Mr Dee, Senior Jockey Hayden Tinsley confirmed that BELLA ARTOIS was having its first start, and that the filly had not been to the trials as well. He pointed out that Mr Dee was an apprentice jockey with a 4kg claim and accordingly did not have a significant level of raceday experience. He submitted that where this was combined with an inexperienced horse, which was racing greenly, there would naturally be more leeway movement between the horses. Mr Tinsley submitted that it was possible, based on the films, that ARCHETTO had also over-reacted as a result of being tightened. Mr Goodwin supported this possibility.

Mr Dee concurred with Mr Goodwin that his mount was racing erratically and indicated that it was drifting in and out, which required him to pull the horse outwards and inwards. Mr Tinsley supported this by pointing out such actions undertaken by Mr Dee on the relevant films.

Submissions for Penalty:

Mr Goodwin described Apprentice Dee as a promising Apprentice Jockey. The stipendiary stewards considered the incident to be serious enough that a warning would be unsatisfactory, given the resultant check to Mr Oliver. In mitigation he submitted that BELLA ARTOIS was having its first start and was racing erratically; however, the stewards' view was that Mr Dee could have done more to keep his mount in a straight line at that particular point. The stewards considered the level of carelessness to be near the mid-range and submitted that a period of suspension of no more than 5 days was appropriate.

Mr Tinsley considered the level of carelessness to be at the very low end. He submitted that it may have visually appeared that Mr Oliver was put into a very bad position, but that BELLA ARTOIS was racing very greenly well before the incident. He believed that Mr Dee had relieved any pressure that existed, except for one to two strides, where ARCHETTO had been put into a tightened position; but that the carelessness on Mr Dee’s part remained at the low end. Mr Goodwin submitted that he did not disagree with any of Mr Tinsley’s comments.

Mr Dee stated that it was difficult to keep his mount in a straight line, but that he was trying to ride a race at the same time. He indicated he had upcoming commitments up to and including Sunday 17 February and would like any period of suspension to commence after those commitments.

Reasons for Penalty:

The committee had regard to all of the submissions put before it. The committee believed that a period of suspension was an appropriate penalty to impose on this occasion, and adopted a starting point of five (5) days. Mr Dee is an up and coming apprentice who rides throughout the North Island. The films were very clear in establishing the degree of tightening to ARCHETTO which was placed to the inside of BELLA ARTOIS. The committee placed the level of carelessness in the low to mid-range. In mitigation, the committee accepted that Mr Dee’s mount was racing in a rather erratic fashion, not only at the time of the incident, but also prior to approaching the 800 metres. Mr Dee’s status as a young apprentice was also a mitigating factor as this, coupled with an inexperienced raceday starter, with no trials experience, meant Mr Dee could not be expected to apply the practical judgement that a senior rider would otherwise possess. Further, this was Mr Dee’s first charge under any rule and he had admitted the breach at the earliest opportunity. However, while there were some contributing factors surrounding this incident, Mr Dee nonetheless had an obligation to ride with a duty of care.

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: 4f974f13f00441186bb27b9982093e39


informantnumber: A3118


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/01/2013


hearing_title: Wairoa RC 14 February 2013 - R 5


charge:

Following Race 5, Apprentice Jockey M Dee was charged with careless riding under Rule 638(1)(d). The information stated ”Apprentice Jockey Michael Dee allowed his mount BELLA ARTOIS to shift inwards near the 700 metres when not clear of ARCHETTO (J Oliver) 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: … (d) careless.”


facts:

Mr Dee indicated to the committee that he understood Rule 638 (1)(d), and that he admitted the breach.

Using the back-straight film, Mr Goodwin identified BELLA ARTOIS (M Dee) and ARCHETTO (J Oliver) leaving the back straight and approaching the 800m mark. Mr Dee was riding his horse along with vigour, when his mount started to shift inwards into the line of ARCHETTO which was subsequently checked. Mr Goodwin pointed out that Mr Oliver was severely unbalanced at this particular point. Using the side-on film, Mr Goodwin identified that there was no pressure on Mr Dee prior to the incident. He also noted that BELLA ARTOIS was racing greenly, and that this was its first start, but that Mr Dee continued to push his mount along when the incident occurred. To support the view that BELLA ARTOIS was racing greenly just prior to the incident, it was observed that the 3 year old hampered MISS SING, forcing Mr Bradley to take a hold of his horse.

In assisting Mr Dee, Senior Jockey Hayden Tinsley confirmed that BELLA ARTOIS was having its first start, and that the filly had not been to the trials as well. He pointed out that Mr Dee was an apprentice jockey with a 4kg claim and accordingly did not have a significant level of raceday experience. He submitted that where this was combined with an inexperienced horse, which was racing greenly, there would naturally be more leeway movement between the horses. Mr Tinsley submitted that it was possible, based on the films, that ARCHETTO had also over-reacted as a result of being tightened. Mr Goodwin supported this possibility.

Mr Dee concurred with Mr Goodwin that his mount was racing erratically and indicated that it was drifting in and out, which required him to pull the horse outwards and inwards. Mr Tinsley supported this by pointing out such actions undertaken by Mr Dee on the relevant films.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was found to be proved.


sumissionsforpenalty:

Mr Goodwin described Apprentice Dee as a promising Apprentice Jockey. The stipendiary stewards considered the incident to be serious enough that a warning would be unsatisfactory, given the resultant check to Mr Oliver. In mitigation he submitted that BELLA ARTOIS was having its first start and was racing erratically; however, the stewards' view was that Mr Dee could have done more to keep his mount in a straight line at that particular point. The stewards considered the level of carelessness to be near the mid-range and submitted that a period of suspension of no more than 5 days was appropriate.

Mr Tinsley considered the level of carelessness to be at the very low end. He submitted that it may have visually appeared that Mr Oliver was put into a very bad position, but that BELLA ARTOIS was racing very greenly well before the incident. He believed that Mr Dee had relieved any pressure that existed, except for one to two strides, where ARCHETTO had been put into a tightened position; but that the carelessness on Mr Dee’s part remained at the low end. Mr Goodwin submitted that he did not disagree with any of Mr Tinsley’s comments.

Mr Dee stated that it was difficult to keep his mount in a straight line, but that he was trying to ride a race at the same time. He indicated he had upcoming commitments up to and including Sunday 17 February and would like any period of suspension to commence after those commitments.


reasonsforpenalty:

The committee had regard to all of the submissions put before it. The committee believed that a period of suspension was an appropriate penalty to impose on this occasion, and adopted a starting point of five (5) days. Mr Dee is an up and coming apprentice who rides throughout the North Island. The films were very clear in establishing the degree of tightening to ARCHETTO which was placed to the inside of BELLA ARTOIS. The committee placed the level of carelessness in the low to mid-range. In mitigation, the committee accepted that Mr Dee’s mount was racing in a rather erratic fashion, not only at the time of the incident, but also prior to approaching the 800 metres. Mr Dee’s status as a young apprentice was also a mitigating factor as this, coupled with an inexperienced raceday starter, with no trials experience, meant Mr Dee could not be expected to apply the practical judgement that a senior rider would otherwise possess. Further, this was Mr Dee’s first charge under any rule and he had admitted the breach at the earliest opportunity. However, while there were some contributing factors surrounding this incident, Mr Dee nonetheless had an obligation to ride with a duty of care.


penalty:

Apprentice Dee’s licence to ride will be suspended from the conclusion of racing on Sunday 17 February 2013 until the conclusion of racing on Saturday 23 February 2013. This is a total of three (3) days. This incorporates the Counties (20th), Te Aroha (21st) and Matamata/Otaki (23rd) meetings.


hearing_type: Hearing


Rules: Rule 638 (1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr M Dee - Licenced Apprentice Jockey


Otherperson: Mr H Tinsley - Licenced Jockey assisting Apprentice Dee


PersonPresent:


Respondent:


StipendSteward:


raceid: 9238374b91f7cafd634eb85ac28e752e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2cdb3048ea184a75afbd3088e65138c6


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/02/2013


meet_title: Wairoa RC - 14 February 2013


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TUtikere", "Member": "", "OtherExpenses": "1015.70", "KMs": "904", "Total": "1576.18", "kmprice": 560.48000000000002, "Approved": "on"}]


meet_otherexp:


tracklocation: wairoa-rc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: TCastles


meet_pm2: none


name: Wairoa RC