Archive Decision

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Waverley RC 29 August 2019 – R 1 – Chair, Mrs N Moffatt

ID: JCA16775

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Ms L Hemi - Class A Rider

Other Person:
Mr N Goodwin - Stipendiary Steward

Information Number:
A11619

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waverley RC - 29 August 2019

Meet Chair:
NMoffatt

Meet Committee Member 1:
NMcCutcheon

Race Date:
2019/08/29

Race Number:
R 1

Decision:

As Ms Hemi admitted the breach, it was found proved by the Committee.

Penalty:

Accordingly, Ms Hemi’s license is suspended from the close of racing on Sunday, September 1st 2019 up to and including racing on Wednesday, September 11th 2019.

Facts:

Following the running of Race 1 (Chris Hay Farming LTD 2200), an Information was lodged by Mr Balcombe alleging a breach of Rule 638 (1) (d) in that Leah Hemi (DO THE TWIST) allowed her mount to shift outwards in the home straight when not clear of WHOLETTHEFOXOUT which was checked.

At the outset of the hearing Ms Hemi confirmed she understood the rule and that she admitted the breach.

Mr Balcombe asked Mr Goodwin to explain the incident using all available videos. Using the head-on view he showed where Ms Hemi was racing in a midfield position but held up for a run with nowhere to go.

She proceeded to angle her mount out into the line of Charlotte O’Beirne’s mount when not the required distance clear. Ms O’Beirne could be seen to anticipate the actions of Ms Hemi, and as a result, took evasive action to avoid the heels of Ms Hemi’s mount.

Ms Hemi said the incident was quite straight forward. She angled out looking for a run and knew Ms O’Beirne was there, but she didn’t realise quite how close she was.

Submissions for Penalty:

Mr Balcombe produced Ms Hemi’s riding record, which showed two previous breaches in the last 12 months:

February 2019-Auckland-7 days (midrange)

April 2019-Riverton-5 days (low range)

Mr Balcombe described today’s breach as low-range and submitted that a suspension in line with the Penalty Guide would be appropriate.

Ms Hemi made no specific submissions on penalty except to say that she believed the incident was self-explanatory and low range.

Reasons for Penalty:

The Committee considered all submissions. After viewing all the films it was our opinion the incident could be classed as low end. Ms Hemi simply made an error of judgement when taking the line of another runner when only 1 length clear. Ms O’Beirne noticed Ms Hemi coming across and took a hold of her mount as a precaution, but the degree of interference was not severe.

Taking into account all factors, including Ms Hemi’s ready admission of the breach, it was our opinion that a 5-day suspension was an appropriate penalty.

Ms Hemi advised of riding commitments through until after the weekend.

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: 9f612c6bec8539700c5cf39c8d3dad4a


informantnumber: A11619


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 02/09/2019


hearing_title: Waverley RC 29 August 2019 - R 1 - Chair, Mrs N Moffatt


charge:


facts:

Following the running of Race 1 (Chris Hay Farming LTD 2200), an Information was lodged by Mr Balcombe alleging a breach of Rule 638 (1) (d) in that Leah Hemi (DO THE TWIST) allowed her mount to shift outwards in the home straight when not clear of WHOLETTHEFOXOUT which was checked.

At the outset of the hearing Ms Hemi confirmed she understood the rule and that she admitted the breach.

Mr Balcombe asked Mr Goodwin to explain the incident using all available videos. Using the head-on view he showed where Ms Hemi was racing in a midfield position but held up for a run with nowhere to go.

She proceeded to angle her mount out into the line of Charlotte O’Beirne’s mount when not the required distance clear. Ms O’Beirne could be seen to anticipate the actions of Ms Hemi, and as a result, took evasive action to avoid the heels of Ms Hemi’s mount.

Ms Hemi said the incident was quite straight forward. She angled out looking for a run and knew Ms O’Beirne was there, but she didn’t realise quite how close she was.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Hemi admitted the breach, it was found proved by the Committee.


sumissionsforpenalty:

Mr Balcombe produced Ms Hemi’s riding record, which showed two previous breaches in the last 12 months:

February 2019-Auckland-7 days (midrange)

April 2019-Riverton-5 days (low range)

Mr Balcombe described today’s breach as low-range and submitted that a suspension in line with the Penalty Guide would be appropriate.

Ms Hemi made no specific submissions on penalty except to say that she believed the incident was self-explanatory and low range.


reasonsforpenalty:

The Committee considered all submissions. After viewing all the films it was our opinion the incident could be classed as low end. Ms Hemi simply made an error of judgement when taking the line of another runner when only 1 length clear. Ms O’Beirne noticed Ms Hemi coming across and took a hold of her mount as a precaution, but the degree of interference was not severe.

Taking into account all factors, including Ms Hemi’s ready admission of the breach, it was our opinion that a 5-day suspension was an appropriate penalty.

Ms Hemi advised of riding commitments through until after the weekend.


penalty:

Accordingly, Ms Hemi’s license is suspended from the close of racing on Sunday, September 1st 2019 up to and including racing on Wednesday, September 11th 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Ms L Hemi - Class A Rider


Otherperson: Mr N Goodwin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3e430bfd882250da588c1d8906fe36c9


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


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meetdate: 29/08/2019


meet_title: Waverley RC - 29 August 2019


meet_expappcomment:


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tracklocation: waverley-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: NMcCutcheon


meet_pm2: none


name: Waverley RC