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Taranaki RI 7 December 2017 - R 2 (heard 9 December 2017 at Trentham) - Chair, Mr N McCutcheon



638(1)(d)

RACEDAY JUDICIAL COMMITTEE DECISION
Informant:
Mr D Balcombe – Stipendiary Steward
Respondent: Ms L Hemi – Licensed Jockey
Information No: A9214
Meeting: Taranaki RI
Date: 7 December 2017 (heard at Trentham on 9 December 2017)
Venue: Pukekura Raceway, New Plymouth
Race: 2
Rule No: 638(1)(d)
Judicial Committee: Mr N McCutcheon, Chairman – Mrs N Moffatt Committee Member
Date of Decision: 9 December 2017

Facts:
Following the running of Race 2 (NEW LOOK ALUMINIUM MDN) an Information was lodged by Mr D Balcombe alleging a breach of Rule 638(1)(d) in that Ms Hemi allowed her mount to shift out when not clear of PENZERO near the 500m, which was checked.

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

(This information was heard at the Trentham meeting on Saturday December 9 following approval by Mr Godber of the RIU.)

Ms Hemi confirmed to the Committee that she understood the charge and that she admitted the breach.

Mr Oatham, for the Stewards, had Mr Goodwin demonstrate the incident using the available camera angles.

Mr Goodwin said that Ms Hemi and her mount CHOUX PLAY were racing adjacent to the running rail and that she shifted out for a run when only 1 length clear of PENZERO (D Johnson) who was checked. He said that it appeared that CHOUX PLAY shifted out further than the rider anticipated and that she did correct her mount’s line of running but that it was too late. He added that PENZERO lost approximately 2.5 lengths.

Ms Hemi said that she improved into a marginal gap and although it was tight she thought there was sufficient room. She said that her mount did shift out further than anticipated and that she did correct her mount’s line of running but by then the damage had been done. She added that PENZERO was weakening at the time and that that made it look bad.

Decision:
As Ms Hemi admitted the breach the committee found the charge proved.

Submissions for Penalty:
Mr Oatham produced Ms Hemi’s record which showed only one careless riding charge over the last 12 months. On 18 February 2017 she received a four day suspension while riding at the Southland meeting. He said that obviously Ms Hemi had a good record and had admitted the breach. He said that PENZERO was struggling to hold its position at the time of the interference and that it looked worse than it actually was. He added however Ms Hemi was not entitled to shift as she was not sufficiently clear. He placed the carelessness in the low-end category and submitted that a term of suspension be imposed.

Ms Hemi requested that any suspension imposed commence after 16 December 2017.

Reasons for Penalty:
The Committee determined that the carelessness exhibited by Ms Hemi was at the low-end of the scale. Taking into account Ms Hemi’s record and the admittance of the breach, along with the JCA starting point of 6 riding days suspension for careless riding, the committee deemed that a 5 riding day suspension was an appropriate penalty.

Penalty:
Ms Hemi ‘s Jockey’s Licence was suspended from the close of racing on Saturday, 16 December up to and including racing on Friday, 22 December 2017 (5 days).

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