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Wellington RC 20 January 2014 – R 2

ID: JCA14934

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr K Smith - Licensed Jockey

Other Person:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A4107

Hearing Type:
Hearing

New Charge:
Breach of Careless Riding Rule

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wellington RC - 20 January 2014

Meet Chair:
PWilliams

Meet Committee Member 1:
NMcCutcheon

Race Date:
2014/01/20

Race Number:
R2

Decision:

As Mr Smith admitted the breach the charge was found proved.

Penalty:

Mr Smith is suspended for 3 riding days from the close of racing on Saturday 25 October 2014 to the close of racing on Thursday 6 February 2014 – the 3 days being Hawkes Bay (30 January), New Plymouth (2 February) and Tauherenikau (6 February).

Facts:

Following the running of race 2 “The New World Stokes Valley 2YO Maiden”, Information A4017 was filed by Stipendiary Steward Mr N Goodwin under Rule 638(1)(d). The information stated K Smith “permitted his mount “Maggie’s Secret” to shift inwards when not sufficiently clear of “Enchantrezz” which clipped a heel near the 700 metres”. Mr Smith signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the rule under which he was charged.

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

Submissions for Decision:

Mr Oatham using the head-on and back straight films showed the first 400m of the race. He highlighted Mr Smith who had drawn 5 in the 8 horse field gradually coming across from that draw to get closer to the rail as the runners progressed down the chute. He said Mr Smith could be seen to look to his inside on several occasions as he was coming across to make sure he was clear of other runners but at approximately the 700m in completing his move he was not the required 2 lengths in front of Mr Dee on “Enchantrezz” who was to his inside and behind him and as a result Mr Dee had to take a hold and clipped a heel of “Maggie’s Secret”.

Mr Smith said he agreed he had moved in as described by Mr Oatham. He said he had several looks to his inside as he came across but thought as he got close to Mr Dee he, Mr Dee, had taken a hold of his horse to allow him to complete his move inwards. Mr Smith said he thought as he moved in front to Mr Dee’s horse it started travelling again which caused the incident. He conceded, however, that he was not the required distance clear when he finally crossed in front of Mr Dee.

Submissions for Penalty:

Mr Goodwin said the Stewards believed the degree of carelessness to be in the mid range. He said that whilst Mr Dee’s mount did stay on its feet had it not done so the consequences would have been a lot more significant. He said Mr Smith had a very good record under this Rule and had not been charged under this Rule since 12 May 2012. He said Mr Smith, unlike a lot of other jockeys in the central districts, did not ride in the South Island or northern regions of the North Island and was predominantly a central districts rider. He said that whilst the Stewards would normally be submitting a suspension of 4 days was an appropriate penalty such a penalty would mean Mr Smith would effectively be suspended for nearly 3 weeks and that a reduction of 1 day on those 4 days would not be inappropriate given Mr Smith’s excellent riding record.

Mr Smith said he was a central districts rider who was always available to ride anywhere in the country. He conceded he had not ridden outside the central districts for a long time and had no upcoming commitments in the South Island or northern region. He said he averaged 7 rides a week and considered himself a safe rider at all times. He said as a rider who only rode in the central districts he was at a disadvantage when penalties were set and that 2 or 3 weeks without an income was going to be hard for him. Mr Smith asked that, in the event he was to be suspended, it be deferred to allow him to ride at Trentham on Saturday 25 January 2014.

Reasons for Penalty:

The Committee has reviewed films of the incident and taken into account the submissions of both parties. The head-on film clearly shows that immediately after the start Mr Smith started to move across towards the running rail and whilst he looked across several times to ensure he was required distance clear in completing the move he wasn’t and as a result Mr Dee’s horse clipped a heel. The Committee believes the degree of carelessness to be in the mid range. We have taken into account Mr Smith’s admittance of the breach and also noted his excellent riding record with this being his first breach of the Rule since mid-May 2012.

The Committee believes the interference caused must be reflected in an appropriate penalty which we have decided is a period of suspension. From a starting point of 5 days we have reduced that by 1 day for his admittance of the breach. We have also reviewed the JCA’s list of penalties imposed under this Rule and note there are a number of jockeys who have received 3 or 4 day suspensions for a breach of this Rule when their previous breach was more than 12 months earlier. Therefore, on this occasion the Committee is prepared to reduce the suspension by a further day in recognition of Mr Smith’s excellent riding record.

Mr Smith’s request for a deferral of the suspension is agreed to in terms of Rule 1106(2).

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: 8dbe34f1480701a6469bda490b0264d4


informantnumber: A4107


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Careless Riding Rule


plea: admitted


penaltyrequired: 1


decisiondate: 06/01/2014


hearing_title: Wellington RC 20 January 2014 - R 2


charge:


facts:

Following the running of race 2 “The New World Stokes Valley 2YO Maiden”, Information A4017 was filed by Stipendiary Steward Mr N Goodwin under Rule 638(1)(d). The information stated K Smith “permitted his mount “Maggie’s Secret” to shift inwards when not sufficiently clear of “Enchantrezz” which clipped a heel near the 700 metres”. Mr Smith signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the rule under which he was charged.

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


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham using the head-on and back straight films showed the first 400m of the race. He highlighted Mr Smith who had drawn 5 in the 8 horse field gradually coming across from that draw to get closer to the rail as the runners progressed down the chute. He said Mr Smith could be seen to look to his inside on several occasions as he was coming across to make sure he was clear of other runners but at approximately the 700m in completing his move he was not the required 2 lengths in front of Mr Dee on “Enchantrezz” who was to his inside and behind him and as a result Mr Dee had to take a hold and clipped a heel of “Maggie’s Secret”.

Mr Smith said he agreed he had moved in as described by Mr Oatham. He said he had several looks to his inside as he came across but thought as he got close to Mr Dee he, Mr Dee, had taken a hold of his horse to allow him to complete his move inwards. Mr Smith said he thought as he moved in front to Mr Dee’s horse it started travelling again which caused the incident. He conceded, however, that he was not the required distance clear when he finally crossed in front of Mr Dee.


reasonsfordecision:


Decision:

As Mr Smith admitted the breach the charge was found proved.

sumissionsforpenalty:

Mr Goodwin said the Stewards believed the degree of carelessness to be in the mid range. He said that whilst Mr Dee’s mount did stay on its feet had it not done so the consequences would have been a lot more significant. He said Mr Smith had a very good record under this Rule and had not been charged under this Rule since 12 May 2012. He said Mr Smith, unlike a lot of other jockeys in the central districts, did not ride in the South Island or northern regions of the North Island and was predominantly a central districts rider. He said that whilst the Stewards would normally be submitting a suspension of 4 days was an appropriate penalty such a penalty would mean Mr Smith would effectively be suspended for nearly 3 weeks and that a reduction of 1 day on those 4 days would not be inappropriate given Mr Smith’s excellent riding record.

Mr Smith said he was a central districts rider who was always available to ride anywhere in the country. He conceded he had not ridden outside the central districts for a long time and had no upcoming commitments in the South Island or northern region. He said he averaged 7 rides a week and considered himself a safe rider at all times. He said as a rider who only rode in the central districts he was at a disadvantage when penalties were set and that 2 or 3 weeks without an income was going to be hard for him. Mr Smith asked that, in the event he was to be suspended, it be deferred to allow him to ride at Trentham on Saturday 25 January 2014.


reasonsforpenalty:

The Committee has reviewed films of the incident and taken into account the submissions of both parties. The head-on film clearly shows that immediately after the start Mr Smith started to move across towards the running rail and whilst he looked across several times to ensure he was required distance clear in completing the move he wasn’t and as a result Mr Dee’s horse clipped a heel. The Committee believes the degree of carelessness to be in the mid range. We have taken into account Mr Smith’s admittance of the breach and also noted his excellent riding record with this being his first breach of the Rule since mid-May 2012.

The Committee believes the interference caused must be reflected in an appropriate penalty which we have decided is a period of suspension. From a starting point of 5 days we have reduced that by 1 day for his admittance of the breach. We have also reviewed the JCA’s list of penalties imposed under this Rule and note there are a number of jockeys who have received 3 or 4 day suspensions for a breach of this Rule when their previous breach was more than 12 months earlier. Therefore, on this occasion the Committee is prepared to reduce the suspension by a further day in recognition of Mr Smith’s excellent riding record.

Mr Smith’s request for a deferral of the suspension is agreed to in terms of Rule 1106(2).


penalty:

Mr Smith is suspended for 3 riding days from the close of racing on Saturday 25 October 2014 to the close of racing on Thursday 6 February 2014 – the 3 days being Hawkes Bay (30 January), New Plymouth (2 February) and Tauherenikau (6 February).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr K Smith - Licensed Jockey


Otherperson: Mr J Oatham - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: c61af682bc94a33ebbe3d85a3eeaedff


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fb9095877f9055c981fe8f34ab7c4fcb


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


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meetdate: 20/01/2014


meet_title: Wellington RC - 20 January 2014


meet_expappcomment:


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meet_racingtype: thoroughbred-racing


meet_chair: PWilliams


meet_pm1: NMcCutcheon


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name: Wellington RC