Archive Decision

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Whangarei RC – 12 September 2009 – Race 8

ID: JCA18618

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Whangarei RC - 12 September 2009

Race Date:
2009/09/12

Race Number:
Race 8

Decision:

Following Race 8 an Information was filed pursuant to rule 871 (1) (d).  The Informant, Mr J Oatham, alleged that Miss M Vance permitted her mount, MYSTA BRETT, to shift inwards near the 800 metres when not sufficiently clear of DOWN LOADED (M Sweeney) who was checked.

--

 



Following Race 8 an Information was filed pursuant to rule 871 (1) (d).  The Informant, Mr J Oatham, alleged that Miss M Vance permitted her mount, MYSTA BRETT, to shift inwards near the 800 metres when not sufficiently clear of DOWN LOADED (M Sweeney) who was checked.

--

Miss Vance admitted the breach and was represented by trainer Mrs D Logan.

--

Mr Oatham demonstrated the video films which showed at a point approaching the 800 metres, Miss Vance riding MYSTA BRETT and racing 4 off the rail, allow her mount to move in an into the line of DOWN LOADED (M Sweeney) when insufficiently clear of that runner.  Mr Oatham did say that Mr Ho had kicked up on the inside of Mr Sweeney which did not help Miss Vance but Mr Sweeney had to check his mount through the actions of Miss Vance.

--

Miss Vance said the horse on her outside had also contributed by dictating her line.

--

Mrs Logan said Mr Ho had also contributed to the incident and believed the inward movement by Miss Vance was minimal.

--


PENALTY SUBMISSIONS

--

Mr Oatham said Miss Vance had a very good record with only 1 prior suspension.  He submitted her carelessness was at the lower end.

--

 Miss Vance asked for any suspension to start immediately as she only had one ride at Paeroa on 16 September 09 from which she had already been released.

--

PENALTY

--

The Committee carefully considered all evidence and submissions before imposing a penalty.  Mitigating factors in Miss Vance’s favour were her guilty plea, her excellent record and her level of carelessness which we consider to be low.  However these have to be weighed against the aggravating fact of the check received by Mr Sweeney.  Although this was not severe Mr Sweeney did have to take a strong hold of his mount thus losing momentum.

--

Taking all the above factors into account we believe the appropriate penalty is a 4 day suspension.  Accordingly we order that suspension on Miss Vance from riding in races to start after racing today and conclude after racing on 20 September 2009 (4 days).

--

 

--

Richard Seabrook
CHAIR
7205

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: 0bc6ee55dcdb40f714b9b815c40eb5af


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 12/09/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Whangarei RC - 12 September 2009 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following Race 8 an Information was filed pursuant to rule 871 (1) (d).  The Informant, Mr J Oatham, alleged that Miss M Vance permitted her mount, MYSTA BRETT, to shift inwards near the 800 metres when not sufficiently clear of DOWN LOADED (M Sweeney) who was checked.

--

 



Following Race 8 an Information was filed pursuant to rule 871 (1) (d).  The Informant, Mr J Oatham, alleged that Miss M Vance permitted her mount, MYSTA BRETT, to shift inwards near the 800 metres when not sufficiently clear of DOWN LOADED (M Sweeney) who was checked.

--

Miss Vance admitted the breach and was represented by trainer Mrs D Logan.

--

Mr Oatham demonstrated the video films which showed at a point approaching the 800 metres, Miss Vance riding MYSTA BRETT and racing 4 off the rail, allow her mount to move in an into the line of DOWN LOADED (M Sweeney) when insufficiently clear of that runner.  Mr Oatham did say that Mr Ho had kicked up on the inside of Mr Sweeney which did not help Miss Vance but Mr Sweeney had to check his mount through the actions of Miss Vance.

--

Miss Vance said the horse on her outside had also contributed by dictating her line.

--

Mrs Logan said Mr Ho had also contributed to the incident and believed the inward movement by Miss Vance was minimal.

--


PENALTY SUBMISSIONS

--

Mr Oatham said Miss Vance had a very good record with only 1 prior suspension.  He submitted her carelessness was at the lower end.

--

 Miss Vance asked for any suspension to start immediately as she only had one ride at Paeroa on 16 September 09 from which she had already been released.

--

PENALTY

--

The Committee carefully considered all evidence and submissions before imposing a penalty.  Mitigating factors in Miss Vance’s favour were her guilty plea, her excellent record and her level of carelessness which we consider to be low.  However these have to be weighed against the aggravating fact of the check received by Mr Sweeney.  Although this was not severe Mr Sweeney did have to take a strong hold of his mount thus losing momentum.

--

Taking all the above factors into account we believe the appropriate penalty is a 4 day suspension.  Accordingly we order that suspension on Miss Vance from riding in races to start after racing today and conclude after racing on 20 September 2009 (4 days).

--

 

--

Richard Seabrook
CHAIR
7205


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


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meetdate: 12/09/2009


meet_title: Whangarei RC - 12 September 2009


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