Archive Decision

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Wellington RC 6 December 2014 – R 6

ID: JCA12285

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr H Tinsley - Class A Rider

Other Person:
Mr J Oatham - Stipendiary Steward

Information Number:
A6780

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wellington RC - 6 December 2014

Meet Chair:
NMoffatt

Meet Committee Member 1:
NMcCutcheon

Race Date:
2014/12/06

Race Number:
R 6

Decision:

As Mr Tinsley admitted the breach we found the charge proved.

Penalty:

Taking into account upcoming riding commitments Mr Tinsley is suspended from the close of racing on Saturday December 13th up to and including racing on December 20th. Race days in this period are:

14/12/14 Auckland
17/12/14 Matamata
18/12/14 Levin
20/12/14 Manawatu/Waikato

Facts:

Following the running of Race 6, the Hiremaster Premier, an information was lodged by Mr N Goodwin alleging a breach of Rule 638(1) (d) in that rider H Tinsley shifted outwards near the 250 metres when not sufficiently clear resulting in CORPORAL LINCOLN and ATTICA being checked.

Mr Goodwin read out the careless riding rule and Mr Tinsley confirmed he understood the nature of the charge and that he admitted the breach.

Mr Oatham used three video angles to show Mr Tinsley held up for a run early in the home straight. At the 250m he angled his mount outwards when not sufficiently clear, causing interference to Ms K Myers (CORPORAL LINCOLN) who then was forced out onto ATTICA and also affected, but to a lesser extent, was BLUE MACH ridden by K Smith.

Mr Tinsley explained that while the films clearly showed he inconvenienced Ms K Myers and Ms Johnson, he was on the favourite and he needed to give the horse every opportunity to finish in the best position. While conceding he had to ride within the rules he said that he had been held up for a run and when a gap presented he needed to take it. Unfortunately Ms Myers had been in his blind spot when he turned around to check if he was clear.

Submissions for Penalty:

Mr Goodwin produced the Stewards’ records to show that Mr Tinsley had no careless riding charges against him within the previous 12 month period. He said this record was exceptional and usually, in cases of interference like this, they would be seeking a five or six day penalty but he submitted that Mr Tinsley’s record should be taken into account.

Mr Tinsley had no penalty submissions to make but he brought to the committee’s attention a recent charge against a fellow rider as a comparison to his own situation today.

Reasons for Penalty:

In coming to a decision on penalty the committee took into account all of the submissions and adopted as a starting point, a period of five days suspension. We did not accept that riding the race favourite was an excuse for careless riding and having regard to the fact that three horses were affected to varying degrees; we placed the level of carelessness in the upper midrange. This added one day onto our starting point. Mr Tinsley asked the committee to compare his breach with a recent case but each charge has a unique set of circumstances and cannot be reliably compared with another. In mitigation Mr Tinsley admitted the breach and has not incurred any suspension for careless riding for over one year. For this we have given him considerable credit and reduced his penalty to a four day suspension.

Mr Tinsley advised of riding commitments through until Saturday December 13th.

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: 49a8e28da8d00244d272070968a23902


informantnumber: A6780


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 25/11/2014


hearing_title: Wellington RC 6 December 2014 - R 6


charge:


facts:

Following the running of Race 6, the Hiremaster Premier, an information was lodged by Mr N Goodwin alleging a breach of Rule 638(1) (d) in that rider H Tinsley shifted outwards near the 250 metres when not sufficiently clear resulting in CORPORAL LINCOLN and ATTICA being checked.

Mr Goodwin read out the careless riding rule and Mr Tinsley confirmed he understood the nature of the charge and that he admitted the breach.

Mr Oatham used three video angles to show Mr Tinsley held up for a run early in the home straight. At the 250m he angled his mount outwards when not sufficiently clear, causing interference to Ms K Myers (CORPORAL LINCOLN) who then was forced out onto ATTICA and also affected, but to a lesser extent, was BLUE MACH ridden by K Smith.

Mr Tinsley explained that while the films clearly showed he inconvenienced Ms K Myers and Ms Johnson, he was on the favourite and he needed to give the horse every opportunity to finish in the best position. While conceding he had to ride within the rules he said that he had been held up for a run and when a gap presented he needed to take it. Unfortunately Ms Myers had been in his blind spot when he turned around to check if he was clear.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Tinsley admitted the breach we found the charge proved.


sumissionsforpenalty:

Mr Goodwin produced the Stewards’ records to show that Mr Tinsley had no careless riding charges against him within the previous 12 month period. He said this record was exceptional and usually, in cases of interference like this, they would be seeking a five or six day penalty but he submitted that Mr Tinsley’s record should be taken into account.

Mr Tinsley had no penalty submissions to make but he brought to the committee’s attention a recent charge against a fellow rider as a comparison to his own situation today.


reasonsforpenalty:

In coming to a decision on penalty the committee took into account all of the submissions and adopted as a starting point, a period of five days suspension. We did not accept that riding the race favourite was an excuse for careless riding and having regard to the fact that three horses were affected to varying degrees; we placed the level of carelessness in the upper midrange. This added one day onto our starting point. Mr Tinsley asked the committee to compare his breach with a recent case but each charge has a unique set of circumstances and cannot be reliably compared with another. In mitigation Mr Tinsley admitted the breach and has not incurred any suspension for careless riding for over one year. For this we have given him considerable credit and reduced his penalty to a four day suspension.

Mr Tinsley advised of riding commitments through until Saturday December 13th.


penalty:

Taking into account upcoming riding commitments Mr Tinsley is suspended from the close of racing on Saturday December 13th up to and including racing on December 20th. Race days in this period are:

14/12/14 Auckland
17/12/14 Matamata
18/12/14 Levin
20/12/14 Manawatu/Waikato


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr H Tinsley - Class A Rider


Otherperson: Mr J Oatham - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 917118ec9320371a0bf689f3a513d814


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1b29cf7a5e0a87d6e74edeb32549ade4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/12/2014


meet_title: Wellington RC - 6 December 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wellington-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: NMcCutcheon


meet_pm2: none


name: Wellington RC