Archive Decision

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Whangarei RC 22 June 2011 – R 7

ID: JCA11454

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mrs T Thornton - Rider of SIBERTY

Other Person:
Mr J Oatham - Stipendiary Steward, Mr M Sweeney - Rider of GENTULLAH, Mr J McDonald - Rider of ENJOYIT, Miss D Johnson - Rider of STAR KRUZA

Information Number:
459

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Whangarei RC - 22 June 2011

Meet Chair:
RSeabrook

Meet Committee Member 1:
BTims

Race Date:
2011/06/22

Race Number:
R7

Decision:

Because Mrs Thornton was not the required distance clear of Miss Johnson when moving in we find the charge proved.

Penalty:

Accordingly after taking all the above into account we impose a suspension on Mrs Thornton from riding in races which is to start after racing on 25 June and conclude after racing on 6 July (5 days).

Charge:

Careless riding

Facts:

Following race 7 an information was filed pursuant to rule 638(1)(d).  The informant Mr Williamson alleged that Mrs T Thornton permitted her mount SIBERTY to shift inwards when not sufficiently clear forcing STAR KRUZA (D Johnson) inwards taking ENJOYIT (J McDonald) into the line of GENTULLAH (M Sweeney) which clipped a heel and blundered approaching the 1200 metres.

Submissions for Decision:

Mr Oatham demonstrated the video films pointing out to the committee Mrs Thornton riding SIBERTY begin an inward movement soon after the start.  Mr Oatham submitted that Mrs Thornton was approximately a head in advance of STAR KRUZA .  He said Mrs Thornton continued to move in forcing STAR KRUZA inwards and crowding ENJOYIT and GENTULLAH who were racing down on the rail.  Mr Oatham said this resulted in Mr M Sweeney, riding GENTULLAH clipping a heel and nearly falling.

Mr Sweeney (GENTULLAH) was called as a witness.  He confirmed he received tightening from ENJOYIT (J McDonald) on his outside who was approximatley 3/4 length ahead of him.  He said he had to take a hold and did clip heels.  He confirmed this check put him out of the race.

Mr McDonald (ENJOYIT) said he was 3/4 length behind STAR KRUZA (D Johnson) but was tightened when that runner shifted inwards.

Miss Johnson (STAR KRUZA) said she jumped out and was going well when she received pressure from the outside.  She confirmed this pressure was from Mrs Thornton on her outside and that they bumped a few times. 

Mrs Thornton (SIBERTY) was then asked for her statement.  She admitted she had bumped Miss Johnson a couple of times after jumping out but they were irrevelant.  She said her mount was touchy but was adamant she did not dictate Miss Johnson inwards.  Mrs Thornton submitted that Miss Johnson may have overacted after the first bump.

Mr Williamson in summing up said that all 3 riders called as witnesses were conclusive in their evidence that the pressure received came from the outside.  He said it was clear that the pressure was caused by Mrs Thornton moving in when insufficiently clear.  He submitted for this reason the charge should be upheld.

Reasons for Decision:

The committee carefully considered all the evidence and submissions as presented.  After reviewing the films several times we are satisfied that the initial bump between SIBERTY and STAR KRUZA was caused by Mrs Thornton angling in towards the rail.  This bump dictated Miss Johnson inwards, a movement which she carried out on her own accord and without pressure from Mrs Thornton.  However it was evident that after several more strides Mrs Thornton did come in when insufficiently clear of Miss Johnson.  This forced Miss Johnson in with resultant crowding to ENJOYIT and GENTULLAH.  Mr Sweeney (GENTULLAH) clipped heels as a result and was lucky not to fall.  It was clear on the films that Miss Johnson did try to relieve the pressure to the runners on her inside but could not do so because of the tightening she was receiving from Mrs Thornton. 

Submissions for Penalty:

Mr Williamson said that Mrs Thornton had a clear record for the last 12 months.  However in this case a rider had clipped heels and nearly fallen as a result of Mrs Thornton's carelessness.  He submitted any penalty should be in the midrange.

Mrs Thornton said she had commitments up to and including 25 June.  She confirmed she only rode as far south as the central districts.

Reasons for Penalty:

The committee carefully considered all evidence and submissions as presented and explained fully above.  The only mitigating factor is Mrs Thornton's outstanding record.  However in this case 3 horses received varying degrees of interference with 1 clipping heels.

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: 1fef358fd2040a0fd86c60249823b59b


informantnumber: 459


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 23/06/2011


hearing_title: Whangarei RC 22 June 2011 - R 7


charge:

Careless riding


facts:

Following race 7 an information was filed pursuant to rule 638(1)(d).  The informant Mr Williamson alleged that Mrs T Thornton permitted her mount SIBERTY to shift inwards when not sufficiently clear forcing STAR KRUZA (D Johnson) inwards taking ENJOYIT (J McDonald) into the line of GENTULLAH (M Sweeney) which clipped a heel and blundered approaching the 1200 metres.


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham demonstrated the video films pointing out to the committee Mrs Thornton riding SIBERTY begin an inward movement soon after the start.  Mr Oatham submitted that Mrs Thornton was approximately a head in advance of STAR KRUZA .  He said Mrs Thornton continued to move in forcing STAR KRUZA inwards and crowding ENJOYIT and GENTULLAH who were racing down on the rail.  Mr Oatham said this resulted in Mr M Sweeney, riding GENTULLAH clipping a heel and nearly falling.

Mr Sweeney (GENTULLAH) was called as a witness.  He confirmed he received tightening from ENJOYIT (J McDonald) on his outside who was approximatley 3/4 length ahead of him.  He said he had to take a hold and did clip heels.  He confirmed this check put him out of the race.

Mr McDonald (ENJOYIT) said he was 3/4 length behind STAR KRUZA (D Johnson) but was tightened when that runner shifted inwards.

Miss Johnson (STAR KRUZA) said she jumped out and was going well when she received pressure from the outside.  She confirmed this pressure was from Mrs Thornton on her outside and that they bumped a few times. 

Mrs Thornton (SIBERTY) was then asked for her statement.  She admitted she had bumped Miss Johnson a couple of times after jumping out but they were irrevelant.  She said her mount was touchy but was adamant she did not dictate Miss Johnson inwards.  Mrs Thornton submitted that Miss Johnson may have overacted after the first bump.

Mr Williamson in summing up said that all 3 riders called as witnesses were conclusive in their evidence that the pressure received came from the outside.  He said it was clear that the pressure was caused by Mrs Thornton moving in when insufficiently clear.  He submitted for this reason the charge should be upheld.


reasonsfordecision:

The committee carefully considered all the evidence and submissions as presented.  After reviewing the films several times we are satisfied that the initial bump between SIBERTY and STAR KRUZA was caused by Mrs Thornton angling in towards the rail.  This bump dictated Miss Johnson inwards, a movement which she carried out on her own accord and without pressure from Mrs Thornton.  However it was evident that after several more strides Mrs Thornton did come in when insufficiently clear of Miss Johnson.  This forced Miss Johnson in with resultant crowding to ENJOYIT and GENTULLAH.  Mr Sweeney (GENTULLAH) clipped heels as a result and was lucky not to fall.  It was clear on the films that Miss Johnson did try to relieve the pressure to the runners on her inside but could not do so because of the tightening she was receiving from Mrs Thornton. 


Decision:

Because Mrs Thornton was not the required distance clear of Miss Johnson when moving in we find the charge proved.


sumissionsforpenalty:

Mr Williamson said that Mrs Thornton had a clear record for the last 12 months.  However in this case a rider had clipped heels and nearly fallen as a result of Mrs Thornton's carelessness.  He submitted any penalty should be in the midrange.

Mrs Thornton said she had commitments up to and including 25 June.  She confirmed she only rode as far south as the central districts.


reasonsforpenalty:

The committee carefully considered all evidence and submissions as presented and explained fully above.  The only mitigating factor is Mrs Thornton's outstanding record.  However in this case 3 horses received varying degrees of interference with 1 clipping heels.


penalty:

Accordingly after taking all the above into account we impose a suspension on Mrs Thornton from riding in races which is to start after racing on 25 June and conclude after racing on 6 July (5 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mrs T Thornton - Rider of SIBERTY


Otherperson: Mr J Oatham - Stipendiary Steward, Mr M Sweeney - Rider of GENTULLAH, Mr J McDonald - Rider of ENJOYIT, Miss D Johnson - Rider of STAR KRUZA


PersonPresent:


Respondent:


StipendSteward:


raceid: d4f9fb463a5a693fc89f9c7c57da2030


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


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meetid: 650c66692d075873bf0851d7a017feb1


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meet_noreport: 0


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meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/06/2011


meet_title: Whangarei RC - 22 June 2011


meet_expappcomment:


meet_km:


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tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: BTims


meet_pm2: none


name: Whangarei RC