Archive Decision

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Whangarei RC 29 August 2015 – R 10 – Chair, Mr A Godsalve

ID: JCA16339

Applicant:
Mr A Coles (Stipendiary Steward)

Respondent(s):
Miss V Gatu - Apprentice Jockey, Mr N Harris assisting Ms Gatu

Other Person:
Mr M Davidson - Stipendiary Steward

Information Number:
A4385

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638)1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 29 August 2015

Meet Chair:
AGodsalve

Meet Committee Member 1:
RSeabrook

Race Date:
2015/08/29

Race Number:
R10

Decision:

As this breach has been admitted by Ms Gatu we find the charge proved.

Penalty:

Accordingly we suspend Ms Gatu's license to ride in races from after the conclusion of racing on 5 September until after the conclusion of racing on the 12th September 2015, 3 riding days.

The meetings involved in this suspension are:

Te Rapa           9th September

New Plymouth 10 September

Whangarei       12 September 2015

Facts:

Following the running of Race 10, the SPRING INTO RACING RUAKAKA 12 SEPTEMBER, an Information was lodged by Stipendiary Steward Mr A Coles alleging that Apprentice Rider Ms V Gatu riding SILVER MINX allowed her mount to shift outwards passing the 250 metres crowding and checking LABELS ridden by Ms S Collett.

Ms Gatu, assisted by Mr N Harris,  was present at the hearing and acknowledged that she understood the Rule and that she admitted the breach.

Rule 638(1)(d) provides that ' A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless'.

Stipendiary Steward Mr M Davidson demonstrated the incident on the available video films. He identified the horses SILVER MINX and LABELS as the field approached the 250 metres mark. SILVER MINX was inside and slightly ahead on LABELS when Ms Gatu allowed the horse to shift outwards when not the required distance clear of LABELS. At the same time, the horse BILL BREAKER ridden by Mr M Cameron, which had been outside LABELS moved in slightly towards LABELS. As a result Ms Collett had to restrain her mount. Mr Davidson told the Committee that on being interviewed Ms Collett had acknowledged that LABELS was most probably not going to be able to take advantage of the run which had been available to it. Mr Davidson said that it was the outwards movement by SILVER MINX which had inconvenienced LABELS principally.

Ms Gatu had nothing to say about the incident. Mr Harris, on her behalf, said that Ms Gatu had allowed her mount to shift outwards for only about 1 1/2 strides, and that there was inwards movement by Mr Cameron's horse.

Submissions for Penalty:

Mr Coles produced Ms Gatu's riding record which showed no breaches of the relevant Rule during the past 12 months. He added that in the Stewards' opinion this breach fell into the low end on the scale of seriousness. Mr Coles said that the breach was an error of judgement on Ms Gatu's behalf, however he added that any horse which shifts ground needs to be the required distance ahead of horses behind it before it does so. Mr Coles added that while the breach called for a period of suspension the Stewards felt that it could be at the lower level.

Reasons for Penalty:

The Committee took careful note of the Submissions by the parties, and independently assessed the breach by way of the available films. While we accepted that the breach was at the lower end of the scale, nethertheless the horse ridden by Ms Collett was entitled to the run which was available to it, even if at the time it may not have been able to utilise that run. We take into account the mitigating factors, including Ms Gatus' excellent record, her admission, and that there had been slight contributing movement inwards by Mr Camerons mount. The JCA Penalty Guide provides for a starting point of a 5 day suspension for a breach of this Rule. Taking all of the above factors into consideration we believe that a suspension of 3 days would be an an appropriate penalty for this breach.

We also accept that Ms Gatu rides at Industry days in the North Island and can be considered a North Island rider.

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: a705ed12ffdca573e3c58e408b710433


informantnumber: A4385


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 31/08/2015


hearing_title: Whangarei RC 29 August 2015 - R 10 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 10, the SPRING INTO RACING RUAKAKA 12 SEPTEMBER, an Information was lodged by Stipendiary Steward Mr A Coles alleging that Apprentice Rider Ms V Gatu riding SILVER MINX allowed her mount to shift outwards passing the 250 metres crowding and checking LABELS ridden by Ms S Collett.

Ms Gatu, assisted by Mr N Harris,  was present at the hearing and acknowledged that she understood the Rule and that she admitted the breach.

Rule 638(1)(d) provides that ' A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless'.

Stipendiary Steward Mr M Davidson demonstrated the incident on the available video films. He identified the horses SILVER MINX and LABELS as the field approached the 250 metres mark. SILVER MINX was inside and slightly ahead on LABELS when Ms Gatu allowed the horse to shift outwards when not the required distance clear of LABELS. At the same time, the horse BILL BREAKER ridden by Mr M Cameron, which had been outside LABELS moved in slightly towards LABELS. As a result Ms Collett had to restrain her mount. Mr Davidson told the Committee that on being interviewed Ms Collett had acknowledged that LABELS was most probably not going to be able to take advantage of the run which had been available to it. Mr Davidson said that it was the outwards movement by SILVER MINX which had inconvenienced LABELS principally.

Ms Gatu had nothing to say about the incident. Mr Harris, on her behalf, said that Ms Gatu had allowed her mount to shift outwards for only about 1 1/2 strides, and that there was inwards movement by Mr Cameron's horse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As this breach has been admitted by Ms Gatu we find the charge proved.


sumissionsforpenalty:

Mr Coles produced Ms Gatu's riding record which showed no breaches of the relevant Rule during the past 12 months. He added that in the Stewards' opinion this breach fell into the low end on the scale of seriousness. Mr Coles said that the breach was an error of judgement on Ms Gatu's behalf, however he added that any horse which shifts ground needs to be the required distance ahead of horses behind it before it does so. Mr Coles added that while the breach called for a period of suspension the Stewards felt that it could be at the lower level.


reasonsforpenalty:

The Committee took careful note of the Submissions by the parties, and independently assessed the breach by way of the available films. While we accepted that the breach was at the lower end of the scale, nethertheless the horse ridden by Ms Collett was entitled to the run which was available to it, even if at the time it may not have been able to utilise that run. We take into account the mitigating factors, including Ms Gatus' excellent record, her admission, and that there had been slight contributing movement inwards by Mr Camerons mount. The JCA Penalty Guide provides for a starting point of a 5 day suspension for a breach of this Rule. Taking all of the above factors into consideration we believe that a suspension of 3 days would be an an appropriate penalty for this breach.

We also accept that Ms Gatu rides at Industry days in the North Island and can be considered a North Island rider.


penalty:

Accordingly we suspend Ms Gatu's license to ride in races from after the conclusion of racing on 5 September until after the conclusion of racing on the 12th September 2015, 3 riding days.

The meetings involved in this suspension are:

Te Rapa           9th September

New Plymouth 10 September

Whangarei       12 September 2015


hearing_type: Hearing


Rules: Rule 638)1)(d)


Informant: Mr A Coles (Stipendiary Steward)


JockeysandTrainer: Miss V Gatu - Apprentice Jockey, Mr N Harris assisting Ms Gatu


Otherperson: Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 1ce09830d4cd4d31141420606cb3c64f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0178c02bf4f777b6eb13d49690a18f36


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/08/2015


meet_title: Whangarei RC - 29 August 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: RSeabrook


meet_pm2: none


name: Whangarei RC