Archive Decision

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Wanganui JC 2 February 2012 – R 4

ID: JCA16494

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr A Forbes - Apprentice Jockey

Other Person:
Mr E Rayner - Licensed Trainer assisting Mr Forbes, Miss V Kaye - Licensed Trainer assisting Mr Forbes

Information Number:
A3019

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wanganui JC - 2 February 2012

Meet Chair:
ISmith

Meet Committee Member 1:
NMcCutcheon

Race Date:
2012/02/02

Race Number:
R 4

Decision:

As the breach was admitted the charge is found proved.

Penalty:

The committee grants Mr Forbes submission to seek deferment to his suspension to fulfill his immediate riding commitments.

Mr Forbes Jockeys licence is suspended from the close of racing on the 8th of February 2012 up to and including the close of racing 16th of February 2012 - 5 days. (10 Feb) Taranaki, (11 Feb) Waikato, (12 Feb) Counties, (15 Feb) Auckland, (16 Feb) Wairoa.

Not taken into account are (2) South Island days.

Charge:

Following the running of race 4 Mr Goodwin lodged an information alleging A Forbes (Apprentice Jockey) permitted his mount Commanda Dream to shift out over the concluding stages hampering Deliciano which lost momentum near the finish.

Rule 638(1) A rider shall not ride a horse in a manner which the Judicial Committee
considers to be:
(d) careless,
was read and confirmed.

Facts:

Mr Goodwin using the films available identified Mr Forbes for the committee, riding his mount out in the home straight when traveling one off the fence, moving out several horse widths over the concluding stages of the race, Mr Forbes continued to ride with vigour into the path of Deliciano which is improving and making ground, forcing that runner over extra ground, and finally Mr McDonald the rider of Deliciano has had to take evasive action and go wider to avoid the heels of Commanda Dream and has been hampered forcing Deliciano to lose momentum.

Mr Rayner asked the committee to note that Mr Forbes actions did not have a great influence regarding the ride of Mr McDonald, as it appeared Mr McDonald had all but given up on finishing any better than where he was.

Submissions for Penalty:

Mr Goodwin presented Mr Forbes record of three previous breaches under this rule being on 2/10/11- 4 days, 1/12/11- 4 days and 13/1/12 - 5 days, stating it is not a particularly good record. The Stewards do not believe it is at the higher end of the scale, however it has hampered Mr McDonald's mount in the run to the line, and at no stage has he attempted to straighten his mount. The Stewards recommend a term of suspension of not less than 5 days.

Mr Forbes very strongly informed the committee that as an apprentice he will not learn from sitting on the sideline. Having already had three suspensions he would prefer a fine. When questioned in regards to his immediate riding commitments Mr Forbes asked the committee for a deferment until after the 8th February and confirmed he did not ride in the South Island.

At this point the hearing was adjourned, and when reconvened Miss V Kaye assisted Mr Forbes. 

Reasons for Penalty:

On reaching a penalty the committee, having heard all the evidence and viewed the films, rate the degree of carelessness to be in the low to midrange. Addressing the request by Mr Forbes for a fine in preference to a term of suspension the committee on this occasion judge it not appropriate, as a young rider with a number of rides per race day the penalty would outweigh the offence committed, but that a term of suspension is warranted.

With a starting point of 5 days to commence a penalty by way of a suspension, the committee may adjust accordingly either up or down The mitigating factors fall only in line with Mr Forbes admitting the breach, whereas the aggravating factors tend to rise with a riding record of three previous charges over a condensed period. The degree of culpability is at the low to midrange, Mr Forbes has continued to ride his mount out with vigour taking the line of, and hampering Deliciano.

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: bbcbedd5233cc8feef3991e01127c8ef


informantnumber: A3019


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 02/02/2012


hearing_title: Wanganui JC 2 February 2012 - R 4


charge:

Following the running of race 4 Mr Goodwin lodged an information alleging A Forbes (Apprentice Jockey) permitted his mount Commanda Dream to shift out over the concluding stages hampering Deliciano which lost momentum near the finish.

Rule 638(1) A rider shall not ride a horse in a manner which the Judicial Committee
considers to be:
(d) careless,
was read and confirmed.


facts:

Mr Goodwin using the films available identified Mr Forbes for the committee, riding his mount out in the home straight when traveling one off the fence, moving out several horse widths over the concluding stages of the race, Mr Forbes continued to ride with vigour into the path of Deliciano which is improving and making ground, forcing that runner over extra ground, and finally Mr McDonald the rider of Deliciano has had to take evasive action and go wider to avoid the heels of Commanda Dream and has been hampered forcing Deliciano to lose momentum.

Mr Rayner asked the committee to note that Mr Forbes actions did not have a great influence regarding the ride of Mr McDonald, as it appeared Mr McDonald had all but given up on finishing any better than where he was.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted the charge is found proved.


sumissionsforpenalty:

Mr Goodwin presented Mr Forbes record of three previous breaches under this rule being on 2/10/11- 4 days, 1/12/11- 4 days and 13/1/12 - 5 days, stating it is not a particularly good record. The Stewards do not believe it is at the higher end of the scale, however it has hampered Mr McDonald's mount in the run to the line, and at no stage has he attempted to straighten his mount. The Stewards recommend a term of suspension of not less than 5 days.

Mr Forbes very strongly informed the committee that as an apprentice he will not learn from sitting on the sideline. Having already had three suspensions he would prefer a fine. When questioned in regards to his immediate riding commitments Mr Forbes asked the committee for a deferment until after the 8th February and confirmed he did not ride in the South Island.

At this point the hearing was adjourned, and when reconvened Miss V Kaye assisted Mr Forbes. 


reasonsforpenalty:

On reaching a penalty the committee, having heard all the evidence and viewed the films, rate the degree of carelessness to be in the low to midrange. Addressing the request by Mr Forbes for a fine in preference to a term of suspension the committee on this occasion judge it not appropriate, as a young rider with a number of rides per race day the penalty would outweigh the offence committed, but that a term of suspension is warranted.

With a starting point of 5 days to commence a penalty by way of a suspension, the committee may adjust accordingly either up or down The mitigating factors fall only in line with Mr Forbes admitting the breach, whereas the aggravating factors tend to rise with a riding record of three previous charges over a condensed period. The degree of culpability is at the low to midrange, Mr Forbes has continued to ride his mount out with vigour taking the line of, and hampering Deliciano.


penalty:

The committee grants Mr Forbes submission to seek deferment to his suspension to fulfill his immediate riding commitments.

Mr Forbes Jockeys licence is suspended from the close of racing on the 8th of February 2012 up to and including the close of racing 16th of February 2012 - 5 days. (10 Feb) Taranaki, (11 Feb) Waikato, (12 Feb) Counties, (15 Feb) Auckland, (16 Feb) Wairoa.

Not taken into account are (2) South Island days.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr A Forbes - Apprentice Jockey


Otherperson: Mr E Rayner - Licensed Trainer assisting Mr Forbes, Miss V Kaye - Licensed Trainer assisting Mr Forbes


PersonPresent:


Respondent:


StipendSteward:


raceid: 649bfe156aec4ea0b1031412320d4403


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 74dc37d8679b3ce6a4e5547fb0009312


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/02/2012


meet_title: Wanganui JC - 2 February 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wanganui-jc


meet_racingtype: thoroughbred-racing


meet_chair: ISmith


meet_pm1: NMcCutcheon


meet_pm2: none


name: Wanganui JC