Archive Decision

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Wanganui JC 15 September 2016 – R6 – Chair, Mr T Utikere

ID: JCA14978

Applicant:
Mr N Goodwin - Sitpendiary Steward

Respondent(s):
Mrs K McCulloch - Licensed Jockey

Other Person:
Mr G Whiterod - Stipendiary Steward

Information Number:
A6847

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wanganui JC - 15 September 2016

Meet Chair:
TUtikere

Meet Committee Member 1:
TCastles

Race Date:
2016/09/15

Race Number:
R6

Decision:

As the charge was admitted, the committee found the charge proved.

Penalty:

Mrs McCulloch is suspended from the conclusion of racing on Sunday 18 September until the conclusion of racing on Sunday 25 September. This is a total of four (4) days and incorporates the Matamata (21st), Otaki (22nd), Auckland/Taranaki (24th) and Te Aroha (25th) meetings.

Facts:

Following the running of Race 6 (THE BOLD ONE @ GRANGEWILLIAM STUD MAIDEN 1360m), Information A6847 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) by Licensed Jockey, Mrs Kelly McCulloch. The Information stated: ”K McCulloch allowed her mount to shift in and cause interference to DENNY’S LINCOLN and COMMANDING PRINCE after the start”.

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

Mrs McCulloch confirmed to the committee that she understood Rule 638(1)(d), and that she admitted the breach.

Using the available films, Mr Whiterod identified Mrs McCulloch’s horse (SUO LIN NANG) racing to the outside of DENNY’S LINCOLN (M Tanaka), which was to the outside of COMMANDING PRINCE (M Singh) soon after the start. He pointed out that Mrs McCulloch had allowed her mount to shift inwards, closer to the running rail, and in doing so had applied some pressure to Mr Tanaka, who was required to take a strong hold, and consequential pressure to Mr SIngh. He said that Mrs McCulloch had taken a hold soon after, which relieved some of the pressure, but by that stage the tightening had already occurred. Mr Whiterod estimated that Mrs McCulloch had only been one length clear of Mr Tanaka, who was required to ease back.

Mr Goodwin identified some other interference further back in the field at the time, but he stated that this was not caused by Mrs McCulloch.

Mrs McCulloch had no comment to make regarding the incident.

Submissions for Penalty:

In presenting Mrs McCulloch’s record, Mr Goodwin identified that she had a clear record, having no breaches of this rule within the last 12 months. He believed the carelessness had just fallen into the threshold of a charge, and given the degree of carelessness, Mr Goodwin submitted a period of suspension would be appropriate.

Mrs McCulloch submitted that she had approximately 80 rides since she returned to race riding. She believed this was very low level carelessness and that she backed off as soon as she heard calling. She sought a three day suspension combined with a fine. She did not seek a deferral of any period of suspension, asking for the suspension to commence as soon as possible. She also submitted that she was a North Island rider, and Mr Goodwin confirmed his position that that was the case.

Reasons for Penalty:

The committee had regard to all of the submissions put before it. The films clearly demonstrate that Mrs McCulloch had shifted in soon after the start, causing pressure and tightening to both DENNY’S LINCOLN and COMMANDING PRINCE. While Mrs McCulloch had relieved some pressure soon after, Mr Tanaka had already been required to ease back. We accept that the consequences were not a severe check, but rather some pressure and inconvenience to both Mr Tanaka and Mr Singh. Accordingly, we classify the level of carelessness to be at the low-end. We reject the submission of a period of suspension along with a fine, as we believe a suspension is appropriate on this occasion. Adopting the JCA Penalty Guidelines starting point of five days, we apply credit for Mrs McCulloch’s good record and admission of the breach. We believe a four day period of suspension is appropriate. We note that Mrs McCulloch wishes any period of suspension to commence immediately, and as riders for the Counties Meeting on Sunday 18th September had been declared it will commence at the conclusion of racing on that day.

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: 946faa35265e850b05966e3659587753


informantnumber: A6847


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 16/09/2016


hearing_title: Wanganui JC 15 September 2016 - R6 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 6 (THE BOLD ONE @ GRANGEWILLIAM STUD MAIDEN 1360m), Information A6847 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) by Licensed Jockey, Mrs Kelly McCulloch. The Information stated: ”K McCulloch allowed her mount to shift in and cause interference to DENNY’S LINCOLN and COMMANDING PRINCE after the start”.

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

Mrs McCulloch confirmed to the committee that she understood Rule 638(1)(d), and that she admitted the breach.

Using the available films, Mr Whiterod identified Mrs McCulloch’s horse (SUO LIN NANG) racing to the outside of DENNY’S LINCOLN (M Tanaka), which was to the outside of COMMANDING PRINCE (M Singh) soon after the start. He pointed out that Mrs McCulloch had allowed her mount to shift inwards, closer to the running rail, and in doing so had applied some pressure to Mr Tanaka, who was required to take a strong hold, and consequential pressure to Mr SIngh. He said that Mrs McCulloch had taken a hold soon after, which relieved some of the pressure, but by that stage the tightening had already occurred. Mr Whiterod estimated that Mrs McCulloch had only been one length clear of Mr Tanaka, who was required to ease back.

Mr Goodwin identified some other interference further back in the field at the time, but he stated that this was not caused by Mrs McCulloch.

Mrs McCulloch had no comment to make regarding the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the committee found the charge proved.


sumissionsforpenalty:

In presenting Mrs McCulloch’s record, Mr Goodwin identified that she had a clear record, having no breaches of this rule within the last 12 months. He believed the carelessness had just fallen into the threshold of a charge, and given the degree of carelessness, Mr Goodwin submitted a period of suspension would be appropriate.

Mrs McCulloch submitted that she had approximately 80 rides since she returned to race riding. She believed this was very low level carelessness and that she backed off as soon as she heard calling. She sought a three day suspension combined with a fine. She did not seek a deferral of any period of suspension, asking for the suspension to commence as soon as possible. She also submitted that she was a North Island rider, and Mr Goodwin confirmed his position that that was the case.


reasonsforpenalty:

The committee had regard to all of the submissions put before it. The films clearly demonstrate that Mrs McCulloch had shifted in soon after the start, causing pressure and tightening to both DENNY’S LINCOLN and COMMANDING PRINCE. While Mrs McCulloch had relieved some pressure soon after, Mr Tanaka had already been required to ease back. We accept that the consequences were not a severe check, but rather some pressure and inconvenience to both Mr Tanaka and Mr Singh. Accordingly, we classify the level of carelessness to be at the low-end. We reject the submission of a period of suspension along with a fine, as we believe a suspension is appropriate on this occasion. Adopting the JCA Penalty Guidelines starting point of five days, we apply credit for Mrs McCulloch’s good record and admission of the breach. We believe a four day period of suspension is appropriate. We note that Mrs McCulloch wishes any period of suspension to commence immediately, and as riders for the Counties Meeting on Sunday 18th September had been declared it will commence at the conclusion of racing on that day.


penalty:

Mrs McCulloch is suspended from the conclusion of racing on Sunday 18 September until the conclusion of racing on Sunday 25 September. This is a total of four (4) days and incorporates the Matamata (21st), Otaki (22nd), Auckland/Taranaki (24th) and Te Aroha (25th) meetings.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr N Goodwin - Sitpendiary Steward


JockeysandTrainer: Mrs K McCulloch - Licensed Jockey


Otherperson: Mr G Whiterod - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 89858f5e1f76402524de707bb0c40db1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 27a0f4aadf02774ab02feb452720a20a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/09/2016


meet_title: Wanganui JC - 15 September 2016


meet_expappcomment:


meet_km: [{"Comment": [], "kmprice": 39.68, "MemberID": "TUtikere", "Member": "", "KMs": "64", "OtherExpenses": "0", "Total": 39.68, "MemberRole": "Chair ", "Approved": []}]


meet_otherexp:


tracklocation: wanganui-jc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: TCastles


meet_pm2: none


name: Wanganui JC