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Matamata RC 6 May 2015 - R 3

Created on 11 May 2015

Rules:
638(1)(d)
Committee:
ADooley (chair)
Name(s):
Mr R Schistl - Rider of POWER STAR
Mr M Williamson -Stipendiary Steward
Informant
Mr A Coles - Stipendiary Steward
Information Number
A6899
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 3, Modern Transport Engineers Ltd 1200, Information 6899 was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that near the 700 metres Mr Schistl allowed his mount to shift in, crowding BOUNTIFUL (G Cooksley) and CHERRY BAY (D Johnson) onto ONETANGI (M Cameron) which was checked.

Mr Schistl acknowledged that he understood the nature of the charge, the Rule and confirmed 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.

Mr Williamson demonstrated on the video footage that near the 700 metres Mr Schistl was racing in a 4 wide position. He showed that there were 3 horses racing on his inside namely BOUNTIFUL, CHERRY BAY and ONETANGI. He said Mr Schistl allowed his mount to shift when not the required distance clear which resulted in ONETANGI running out of racing room and was checked.

Mr Schistl admitted that he did not realise there were 3 horses racing on his inside. He added that nobody had screamed out to him and he thought there were only 2 horses on his inside.

Decision:

As Mr Schistl admitted the breach the Committee finds the charge proved.

Submission For Penalty:

Mr Coles submitted that Mr Schistl had his first race day riding in New Zealand at Waikato RC on 2 May and incurred a 4 day suspension which commences after racing on 9 May. He advised that Mr Schistl had about 4,000 rides overseas before coming to New Zealand. He said the level of carelessness was low end and submitted a suspension of 4 days including all North Island meetings would be appropriate. He said it was Mr Schistl's intention to ride everywhere in the North Island.

Mr Schistl submitted that the level of carelessness was low and he had nothing further to add.

In response to questions from the Committee, Mr Schistl said he was riding track work at Matamata and he had no engagements to ride at Hastings on 7 May. When the Committee showed Mr Schistl the upcoming race meetings schedule he said that he was not sure where in the country the meetings were. He was unable to provide any evidence of his intentions to ride in the Central Districts.

The Committee read aloud the JCA Penalty Guide regarding calculation of days at the hearing for clarity.

Mr Schistl confirmed that he had engagements at Rotorua on 9 May.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Mr Schistl's admission of the breach and the level of carelessness was low end. It is of concern to this Committee that Mr Schistl has breached this Rule on 3 occasions from the 2 race meetings he has ridden at which is an aggravating fact. Mr Schistl's record under this Rule can only be described as poor. In this particular breach the interference occurred only 100 metres after Mr Schistl had caused interference to OUR IFFRAAJ.

In assessing penalty the Committee has considered Mr Schistl to be a Northern and not Central Region rider. This was in accordance with the Penalty Guide effective 1 May 2015.

The Committee notes that Mr Schistl was not riding at Hastings on 7 May which was classified as an Industry day.

After taking into account all the above the Committee considers an appropriate suspension is 4 days.

Penalty:

Accordingly, Mr Schistl had his license to ride in races suspended for a period to commence after racing on 1 June and conclude after racing on 13 June 2015 (4 days).

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