Archive Decision

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Wanganui JC 4 July 2019 – R 6 – Chair, Mrs N Moffatt

ID: JCA12730

Applicant:
Mr D Balcombe

Respondent(s):
Mr J Parkes - Class A Licensed Jockey

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A11616

Hearing Type:
Hearing

New Charge:
careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wanganui JC - 4 July 2019

Meet Chair:
NMoffatt

Meet Committee Member 1:
PWilliams

Race Date:
2019/07/04

Race Number:
R7

Decision:

As Mr Parkes admitted the breach, it was found proved by the Committee.

Penalty:

Accordingly, Mr Parkes’ license is suspended from the close of racing on Saturday, July 6th 2019 up to and including racing on Thursday, July 18th 2019.

Facts:

Following the running of Race 6 (Spooner, Hood & Redpath Ltd Maiden 1200), an Information was lodged by Mr Balcombe alleging a breach of Rule 638 (1) (d) in that J Parkes permitted his mount RETZENA to shift outwards when not sufficiently clear of OUR WAY which was checked approaching the 100 metres.

Mr Balcombe asked Mr Oatham to explain the incident using all available videos. Using the head-on view he showed Mr Parkes racing to the inside of Ms O’Beirne approximately 1 length ahead of her mount. Ms O’Beirne had plenty of room to improve to the outside of Mr Parkes. Near the 100m, Mr Parkes’ horse moved outwards after he struck it three times with the whip and Ms O’Beirne was forced to check her mount. Mr Oatham said the interference received by OUR WAY (C O’Beirne) had an impact on its finishing position.

Mr Parkes said he believed he was a bit unlucky to be charged. His horse RETZENA had run out, but Mr Parkes explained he wasn’t aware it had done so. He said he had removed his goggles after they fogged up and his face was covered in mud so he couldn’t see.

Submissions for Penalty:

Mr Balcombe produced Mr Parkes’ riding record, which showed only one careless riding charge in the previous 12 months. On May 18th 2019 at Woodville, he was suspended for five days. Mr Balcombe described today’s breach as low end and submitted that a suspension in line with the Penalty Guide would be appropriate.

Mr Parkes again told the Committee of his vision issues due to the heavy track conditions. He said the head-on video showed him shaking his head due to having mud in his eyes around the time of the incident.

Reasons for Penalty:

The Committee considered all submissions. The three video angles showed that Mr Parkes allowed his mount to drift outwards taking the line of OUR WAY when not sufficiently clear of that runner. Ms O’Beirne finished in fifth place after having to check her mount and make a run to the inside of Mr Parkes. After viewing the race through until the finish, it is reasonable to assume that OUR WAY would have finished in fourth place had it been allowed an unimpeded run.

Heavy track conditions were challenging for horses and riders and, in our opinion, provide some mitigation to Mr Parkes' carelessness. The head-on view clearly showed him flicking his head to the side, supporting the statement that he had mud in his eyes and was having difficulty seeing.

We placed the breach at the low end of careless riding and adopted a starting point of 6 days, as outlined in the Penalty Guide for Judicial Committees.

Mr Parkes has had 608 rides in the last 12 months and incurred only one careless riding charge. We have given him credit both for his record and his admission of the breach.

Taking into account all factors, it was our opinion that a 5-day suspension was an appropriate penalty.

Mr Parkes said he had no riding commitments beyond Saturday at Awapuni.

JCA Decision Fields (raw)

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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: 50806930b46994e00bdeb7afff19afe5


informantnumber: A11616


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 06/07/2019


hearing_title: Wanganui JC 4 July 2019 – R 6 - Chair, Mrs N Moffatt


charge:


facts:

Following the running of Race 6 (Spooner, Hood & Redpath Ltd Maiden 1200), an Information was lodged by Mr Balcombe alleging a breach of Rule 638 (1) (d) in that J Parkes permitted his mount RETZENA to shift outwards when not sufficiently clear of OUR WAY which was checked approaching the 100 metres.

Mr Balcombe asked Mr Oatham to explain the incident using all available videos. Using the head-on view he showed Mr Parkes racing to the inside of Ms O’Beirne approximately 1 length ahead of her mount. Ms O’Beirne had plenty of room to improve to the outside of Mr Parkes. Near the 100m, Mr Parkes’ horse moved outwards after he struck it three times with the whip and Ms O’Beirne was forced to check her mount. Mr Oatham said the interference received by OUR WAY (C O’Beirne) had an impact on its finishing position.

Mr Parkes said he believed he was a bit unlucky to be charged. His horse RETZENA had run out, but Mr Parkes explained he wasn’t aware it had done so. He said he had removed his goggles after they fogged up and his face was covered in mud so he couldn’t see.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Parkes admitted the breach, it was found proved by the Committee.


sumissionsforpenalty:

Mr Balcombe produced Mr Parkes’ riding record, which showed only one careless riding charge in the previous 12 months. On May 18th 2019 at Woodville, he was suspended for five days. Mr Balcombe described today’s breach as low end and submitted that a suspension in line with the Penalty Guide would be appropriate.

Mr Parkes again told the Committee of his vision issues due to the heavy track conditions. He said the head-on video showed him shaking his head due to having mud in his eyes around the time of the incident.


reasonsforpenalty:

The Committee considered all submissions. The three video angles showed that Mr Parkes allowed his mount to drift outwards taking the line of OUR WAY when not sufficiently clear of that runner. Ms O’Beirne finished in fifth place after having to check her mount and make a run to the inside of Mr Parkes. After viewing the race through until the finish, it is reasonable to assume that OUR WAY would have finished in fourth place had it been allowed an unimpeded run.

Heavy track conditions were challenging for horses and riders and, in our opinion, provide some mitigation to Mr Parkes' carelessness. The head-on view clearly showed him flicking his head to the side, supporting the statement that he had mud in his eyes and was having difficulty seeing.

We placed the breach at the low end of careless riding and adopted a starting point of 6 days, as outlined in the Penalty Guide for Judicial Committees.

Mr Parkes has had 608 rides in the last 12 months and incurred only one careless riding charge. We have given him credit both for his record and his admission of the breach.

Taking into account all factors, it was our opinion that a 5-day suspension was an appropriate penalty.

Mr Parkes said he had no riding commitments beyond Saturday at Awapuni.


penalty:

Accordingly, Mr Parkes’ license is suspended from the close of racing on Saturday, July 6th 2019 up to and including racing on Thursday, July 18th 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr D Balcombe


JockeysandTrainer: Mr J Parkes - Class A Licensed Jockey


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9461cae992dec81c93130eab43f0b0fa


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6d643468ca054b56637f58a30988a33a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/07/2019


meet_title: Wanganui JC - 4 July 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wanganui-jc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: PWilliams


meet_pm2: none


name: Wanganui JC