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Ashburton RC 15 March 2013 - R 2

Created on 19 March 2013

Rules:
638(1)(d)
Committee:
SChing (chair)
JPhelan
Name(s):
T M Direen-Apprentice Jockey
M P McCann-Class A Trainer
Informant
J M Mclaughlin-Stipendiary Steward
Information Number
A1903
Plea:
Admitted
Charge:

Breach of Rule 638(1)(d)-Careless Riding

Evidence:

Following the running of Race 2, the CMP Canterbury Handicap 2100m, an Information was filed by Stipendiary Steward, Mr J M McLaughlin, against Apprentice Jockey, Miss T M Direen, the rider of “Heaven Sent”, alleging careless riding near the 250m.

The charge reads as follows:

“I the above named Informant, allege that the above named Respondent, committed a breach of Rule 638(1)(d) in that approaching the 250m Apprentice Jockey T Direen ( Heaven Sent) allowed her mount to shift in when not clear of “Ya Dreamin Jonesy” resulting in that horse having to be checked”

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Miss Direen had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss Direen also agreed that she understood the charge and the Rule it was brought under. As Miss Direen was an Apprentice Jockey, Mr M P McCann, trainer, assisted her during the hearing.

Submission For Decision:

Mr McLaughlin gave evidence and used video coverage with assistance from Stipendiary Steward, Mr M Zarb, to show that near the 250m “Heaven Sent” ridden by Miss Direen and under a ride, had shifted in, from a 3 wide position to a 2 wide position, into the line of “Ya Dreamin Jonesy” ridden by J Bullard, when not clear causing that horse to check. Mr McLaughlin submitted that Miss Direen was only approximately 1 length ahead of “Ya Dreamin Jonesy” when shifting in.

Miss Direen and Mr McCann did not dispute the facts presented by the Stipendiary Stewards.

Reasons For Decision:

As Miss Direen had admitted this breach of the Rules it was found to be proved.

Decision:

The charge was found to be proved.

Submission For Penalty:

Mr McLaughlin stated that Miss Direen had an excellent record and had not been before a Judicial Committee since she had started riding. She had, up to today’s meeting, 713 rides as an Apprentice Jockey. In addition he submitted that Miss Direen should be given credit for her ready admission of the breach. He also submitted that in the Stewards' opinion the breach was at the lower end of the scale and that a suspension of two days should be considered.

Neither Miss Direen nor Mr McCann had any submissions to make in regard to penalty.

Reasons For Penalty:

In determining penalty the Committee took into consideration Miss Direen’s excellent record and her frank admission of the breach. The Committee also determined that the breach was at the lower end of the scale of carelessness. After taking all mitigating factors into consideration, the fact that she was a South Island Apprentice, only riding in the Southern District and penalties given for similar breaches of this Rule, the Committee determined that a suspension of two riding days was appropriate on this occasion.

Penalty:

We therefore determined that Miss Direen’s Apprentice Jockey's License be suspended from the conclusion of racing on 17 March until the conclusion of racing 23 March 2013 which encompasses the days racing at Dunedin on 21 March and Christchurch on 23 March 2013 (2 effective days).

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