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Whangarei RC 30 August 2014 – R 2

ID: JCA14707

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr D Nolan - Licensed Jockey

Information Number:
A4130

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
R 638(1(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 30 August 2014

Meet Chair:
GJones

Meet Committee Member 1:
TDavies

Race Date:
2014/08/30

Race Number:
R2

Decision:

As Mr Nolan admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a suspension which will commence after racing on 6 September 2014 and conclude after racing on 14 September 2014 (4 days).  The penalty does not include any South Island meetings as Mr Nolan confirmed he is a North Island rider. 

Facts:

Following the running of Race 2, the Echoes of Heaven Linwood Park 2100, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that “D Nolan allowed his mount COOLIBAH to shift in near the 2000 metres hampering STORM HOME (J Oliver), RUBY TUESDAY (m Hills), CHOYSA (M Wenn) and also inconveniencing DESERT BEAU (R Jones)”.

Mr Nolan confirmed that he understood the nature of the charge and his admission of the breach.

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

Stipendiary Steward Mr M Williamson demonstrated the incident using available video footage. He advised the Committee that COOLIBAH ridden by Mr Nolan jumped from an outside barrier position and immediately shifted inwards at an acute angle. He said that in doing so three horses were crowded and hampered, namely STORM HOME, RUBY TUESDAY, and CHOYSA. He added as a consequence a fourth horse, DESERT BEAU was hampered by CHOYSA.

Mr Williamson advised the Committee Mr Nolan took immediate corrective action but it was too late as the tightening to the affected runners had already occurred. He said that at no stage was COOLIBAH the required distance from STORM HOME and that this was the cause of the four horses being hampered.

Mr Nolan advised the Committee that he accepted he crossed the field abruptly and that his corrective action was belated. 

Submissions for Penalty:

Mr Williamson advised that Mr Nolan has incurred 2 previous suspensions for careless riding in the past 12 months, the first being on 26/10/13 (4 days) and the second on 17/01/14 (4 days). Mr Williamson said that although four runners were affected by interference, he assessed the level of carelessness at the low end and suggested a penalty in line with that assessment.

Mr Nolan advised that Committee that should a suspension be imposed he sought a deferment due to riding commitments during the next 7 days. He offered no further comments in terms of penalty. 

Reasons for Penalty:

In determining penalty the Committee has taken into account the submissions of the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The Committee has adopted 5 riding days suspension as the starting point.
The Committee has assessed the breach as mid-range due to the fact that Mr Nolan elected to cross the field at an acute angle and affected the chances of four horses to varying degrees. We note however, this occurred with 2000 metres to run and Mr Nolen did immediately take corrective action. We give Mr Nolan credit for his good riding record and admission of the breach.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension and grant a 7 day deferment pursuant to Rule 1106(2).

JCA Decision Fields (raw)

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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: 72abe83bb734692b3dcfed777375d3ac


informantnumber: A4130


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 28/08/2014


hearing_title: Whangarei RC 30 August 2014 - R 2


charge:


facts:

Following the running of Race 2, the Echoes of Heaven Linwood Park 2100, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that “D Nolan allowed his mount COOLIBAH to shift in near the 2000 metres hampering STORM HOME (J Oliver), RUBY TUESDAY (m Hills), CHOYSA (M Wenn) and also inconveniencing DESERT BEAU (R Jones)”.

Mr Nolan confirmed that he understood the nature of the charge and his admission of the breach.

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

Stipendiary Steward Mr M Williamson demonstrated the incident using available video footage. He advised the Committee that COOLIBAH ridden by Mr Nolan jumped from an outside barrier position and immediately shifted inwards at an acute angle. He said that in doing so three horses were crowded and hampered, namely STORM HOME, RUBY TUESDAY, and CHOYSA. He added as a consequence a fourth horse, DESERT BEAU was hampered by CHOYSA.

Mr Williamson advised the Committee Mr Nolan took immediate corrective action but it was too late as the tightening to the affected runners had already occurred. He said that at no stage was COOLIBAH the required distance from STORM HOME and that this was the cause of the four horses being hampered.

Mr Nolan advised the Committee that he accepted he crossed the field abruptly and that his corrective action was belated. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Nolan admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Williamson advised that Mr Nolan has incurred 2 previous suspensions for careless riding in the past 12 months, the first being on 26/10/13 (4 days) and the second on 17/01/14 (4 days). Mr Williamson said that although four runners were affected by interference, he assessed the level of carelessness at the low end and suggested a penalty in line with that assessment.

Mr Nolan advised that Committee that should a suspension be imposed he sought a deferment due to riding commitments during the next 7 days. He offered no further comments in terms of penalty. 


reasonsforpenalty:

In determining penalty the Committee has taken into account the submissions of the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The Committee has adopted 5 riding days suspension as the starting point.
The Committee has assessed the breach as mid-range due to the fact that Mr Nolan elected to cross the field at an acute angle and affected the chances of four horses to varying degrees. We note however, this occurred with 2000 metres to run and Mr Nolen did immediately take corrective action. We give Mr Nolan credit for his good riding record and admission of the breach.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension and grant a 7 day deferment pursuant to Rule 1106(2).


penalty:

Accordingly, we impose a suspension which will commence after racing on 6 September 2014 and conclude after racing on 14 September 2014 (4 days).  The penalty does not include any South Island meetings as Mr Nolan confirmed he is a North Island rider. 


hearing_type: Hearing


Rules: R 638(1(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr D Nolan - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 46eecfb8fd8ba5e9e5269fe542529fc9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 05c52b62e0f9b3985e2a80b62723a1fd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/08/2014


meet_title: Whangarei RC - 30 August 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: TDavies


meet_pm2: none


name: Whangarei RC