Whangarei RC – 11 September 2010 – R 9

hearingid: 0a14f71c16e5b8e4baf066d42d7880f2

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hearing_racingtype: thoroughbred-racing

startdate: 11/09/2010

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hearing_title: Whangarei RC - 11 September 2010 - R 9

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RACEDAY JUDICIAL COMMITTEE DECISION

INFORMANT:  Mr J Oatham, Stipendiary Steward

DEFENDANT:  Mr B R Jones

INFORMATION No:  435

MEETING:  Whangarei Racing Club

DATE:  11 September 2010

VENUE:  Ruakaka

RACE:  9

RULE No: 638(1)(d)

JUDICIAL COMMITTEE: Mr A Dooley, Chairman - Mr B Tims, Committee Member

PLEA:  Not Admitted

CHARGES:

Following race 9 an Information was filed pursuant to Rule 638(1)(d). The informant, Stipendiary Steward Mr J Oatham alleged, that Mr B R Jones (BLACK EXPRESS) allowed his mount to shift in when not sufficiently clear of CALETA (J McDonald) which forced SOLIDER BOY (H Kasim) inwards, causing crowding to LAUGHING GOR (M Hills) and ITSABITADAAD (M Wenn) who were checked.

Mr Jones did not admit the breach.

FACTS:

Mr Williamson, Stipendiary Steward, demonstrated the video films which showed approximately 100 metres after the start BLACK EXPRESS (B Jones) who drew the outside barrier position allow his mount to shift in and dictate the rightful line of CALETA (J McDonald) who had drawn beside him. This resulted in 4 horses to his inner receiving checks from the incident. He said Mr Jones was only ¾ to 1 length clear when shifting in.

SUBMISSIONS(s)

Mr Oatham called Ms Wenn to give evidence. She said her mount received a lot of pressure from her outside and was bumped off stride.

Mr Oatham called Mr Hills to give evidence. He said he suffered interference from his outside which caused him to check his mount and lose ground.

Mr Oatham called Mr Kasim to give evidence. He said he suffered interference from Mr Jones mount shifting ground in.

Mr Oatham called Mr McDonald to give evidence. He said his line was dictated by Mr Jones inner movement, he was forced to take a hold of his mount. He believed Mr Jones was a bare length clear when shifting ground.

Mr Jones was then given his opportunity to demonstrate the video films to the committee. He showed that he had jumped well from the outside barrier and came across the face of the field shortly after the start. He said he may have dictated Mr McDonald’s mount for a stride, but firmly believed the interference that occurred was caused by Mr Kasim’s mount who when receiving a check reacted by getting its head in the air and raced erratically. He said this was the reason the horses on his inner suffered interference.

Mr Jones did question all the jockeys that gave evidence for Mr Oatham. The general consensus was there was tightening which started from the outside that caused them to check their mounts.

Mr Oatham in summing up said it was clearly evident on the films that Mr Jones had shifted in when not the required distance clear, which resulted in runners to his inner receiving checks. He conceded Mr Kasim’s mount had a small part to play in the incident.

Mr Jones in summing up said it was a messy incident and firmly believed if Mr Kasim had better control of his mount the interference would not have looked as bad.

The Committee carefully considered all the evidence, submissions and reviewed the video films. We are clearly satisfied upon reviewing the films that Mr Jones moved in approximately 100 metres after the start when only a bare length clear of Mr McDonald on his inside. The head on film clearly shows Mr Jones mount head was turned in when angling across the field when not the required distance clear. This resulted in 4 other horses racing on his inner to receive checks. We do not accept Mr Jones statement that the interference was caused by Mr Kasim mount.

Accordingly we find the charge proven.

SUBMISSIONS(s) ON PENALTY

Mr Oatham said Mr Jones had an excellent record with only 1 suspension in the last twelve months. He said there were several contributing factors in the incident which he rated as mid range. He submitted a suspension of 4 to 6 days would be appropriate.

Mr Jones when asked for submissions said he had firm commitments at Rotorua on 15^th September 2010.  He confirmed that he rides only in the North Island.

REASON(s):

The Committee carefully considered all evidence and submissions before imposing penalty. Mitigating factors are Mr Jones excellent record and the small part SOLDIER BOY played in the interference. The aggravating factors are the interference in which 4 horses racing on his inside received and it was clearly evident on the films that Mr Jones was only a bare length clear when shifting ground in. The committee believes the nature of the interference was at the mid range.

PENALTY:

Accordingly after taking all the above factors into account and placing emphasis on his excellent record we suspend Mr Jones from riding in races which is to start after racing on 15^th September 2010 and conclude after racing on 23^rd September 2010 (5 days).

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hearing_type: Old Hearing

Rules: 638(1)(d)

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race_title: R 9

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meetdate: 11/09/2010

meet_title: Whangarei RC - 11 September 2010

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name: Whangarei RC