South Canterbury RC Friday 12 June 2015 – R 6
ID: JCA10522
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 12 June 2015
Meet Chair:
KHales
Meet Committee Member 1:
GClapp
Race Date:
2015/06/12
Race Number:
R6
Decision:
This committee is satisfied on the basis of the evidence and submissions put before us that Mr Callaway rode carelessly and the charge is found proved accordingly. The degree of carelessness we consider to be at the lower end of the scale.
Penalty:
Mr Callaway is suspended from race riding for two South Island days, namely 18th June (Oamaru) and 20th June 2015 (Riccarton).
Facts:
As a result of an incident which occurred with just over 300 metres to run in the "Port FM & Onceuponatime Handicap R 65", Licensed Jockey L Callaway was charged with careless riding. The Stipendiary Stewards alleged that Mr Callaway allowed his mount "Whiskey Bolero" to shift outwards buffeting and checking "Somethings Burning" (R Cuneen) passing the 300 metres.
It was the Stipendiary Stewards' case that Mr Callaway should not have angled out in the manner that he did, particularly when he was not his own length and another length clear of another horse.
At the relevant time, Mr Callaway's mount was racing behind "A Bob Short" (R Bishop) and "Crafty Love" (Miss C Barnes). There was a gap between those two horses which was not, at the relevant time enough to go through, but instead, Mr Callaway chose to angle out behind "A Bob Short" momentarily, when not his own length and another length clear of "Somethings Burning".
In the process he went on to the line of "Somethings Burning" with quite significant contact being made. Mr McLaughlin said that there was no run available for Mr Callaway at the time he angled out, and that he should not have tried to force Mr Cuneen out. He quickly returned to the line that he was on, taking the gap that then became available to him and then running on strongly to win the race, by a length and three-quarters.
In response, Mr Callaway said that he did not "angle" his mount outwards. He was looking to take the gap that he thought was available to him, but he was being "dictated" to by Miss Barnes in particular. He was trying to get around to take a gap between "Crafty Love" and "A Bob Short".
Submissions for Decision:
In summary, Mr McLaughlin said that Mr Callaway was pushing for a run which was not available. If he was being "dictated" to by Miss Barnes, then it was not for him to shift "his troubles" to another horse. In response to a question from the Chair, Mr McLaughlin confirmed that it was the Stipendiary Stewards' view that "Whiskey Bolero" was angled out for a non-existent run.
Mr Callaway said that from his perspective that "Somethings Burning" did not have a run available because of the fact that "A Bob Short" was in his line in any event.
Reasons for Decision:
In our view there was a clear run between "Crafty Love and "A Bob Short". But for some reason Mr Callaway chose to angle his horse out when insufficiently clear, causing contact with "Somethings Burning". That horse contacted the rear of his mount and his horse was also unbalanced in the process. Had Mr Callaway maintained his line, then the incident would not have happened. It was a an error of judgement on Mr Callaway's part, which error is sufficient to satisfy us that Mr Callaway rode carelessly.
Submissions for Penalty:
Mr McLaughlin advised that Mr Callaway is a busy South Island rider, but it is just under 12 months since Mr Callaway has breached the careless riding rule. He referred us to the Judicial Control Authority Penalty Guidelines which refer to a 3 day suspension as a starting point. Mr McLaughlin was of the view that Mr Callaway has had about 300 rides during the current season. Mr Callaway was unsure as to how many rides he had had.
Reasons for Penalty:
The starting point for penalty is that set out in the Judicial Control Authority's Penalty Guideline, namely a suspension of 3 days. Against that we take into account, aggravating and mitigating factors. There was a protest which was not upheld. Thus that does not feature as an aggravating factor. We do not consider that there were any other aggravating factors which would warrant an uplift on the starting point.
By way of mitigation, we consider that the degree of carelessness was at the lower end of the scale. Mr Callaway made a brief error of judgement. He rectified the situation by returning to the running line that he was on and going on to win. He has a good record, it being just under 12 months since he last appeared on a charge of careless riding. These mitigating factors allow us to afford Mr Callaway a discount of one day, making the period of suspension two days.
Mr Callaway does not apply for a deferment of the coming into effect of the penalty. He is a South Island rider, and thus only South Island days will be taken into account in the imposition of penalty.
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: 095141718941f558d74f2309ba609631
informantnumber: A5413
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: denied
penaltyrequired: 1
decisiondate: 13/06/2015
hearing_title: South Canterbury RC Friday 12 June 2015 - R 6
charge:
facts:
As a result of an incident which occurred with just over 300 metres to run in the "Port FM & Onceuponatime Handicap R 65", Licensed Jockey L Callaway was charged with careless riding. The Stipendiary Stewards alleged that Mr Callaway allowed his mount "Whiskey Bolero" to shift outwards buffeting and checking "Somethings Burning" (R Cuneen) passing the 300 metres.
It was the Stipendiary Stewards' case that Mr Callaway should not have angled out in the manner that he did, particularly when he was not his own length and another length clear of another horse.
At the relevant time, Mr Callaway's mount was racing behind "A Bob Short" (R Bishop) and "Crafty Love" (Miss C Barnes). There was a gap between those two horses which was not, at the relevant time enough to go through, but instead, Mr Callaway chose to angle out behind "A Bob Short" momentarily, when not his own length and another length clear of "Somethings Burning".
In the process he went on to the line of "Somethings Burning" with quite significant contact being made. Mr McLaughlin said that there was no run available for Mr Callaway at the time he angled out, and that he should not have tried to force Mr Cuneen out. He quickly returned to the line that he was on, taking the gap that then became available to him and then running on strongly to win the race, by a length and three-quarters.
In response, Mr Callaway said that he did not "angle" his mount outwards. He was looking to take the gap that he thought was available to him, but he was being "dictated" to by Miss Barnes in particular. He was trying to get around to take a gap between "Crafty Love" and "A Bob Short".
appealdecision:
isappeal:
submissionsfordecision:
In summary, Mr McLaughlin said that Mr Callaway was pushing for a run which was not available. If he was being "dictated" to by Miss Barnes, then it was not for him to shift "his troubles" to another horse. In response to a question from the Chair, Mr McLaughlin confirmed that it was the Stipendiary Stewards' view that "Whiskey Bolero" was angled out for a non-existent run.
Mr Callaway said that from his perspective that "Somethings Burning" did not have a run available because of the fact that "A Bob Short" was in his line in any event.
reasonsfordecision:
In our view there was a clear run between "Crafty Love and "A Bob Short". But for some reason Mr Callaway chose to angle his horse out when insufficiently clear, causing contact with "Somethings Burning". That horse contacted the rear of his mount and his horse was also unbalanced in the process. Had Mr Callaway maintained his line, then the incident would not have happened. It was a an error of judgement on Mr Callaway's part, which error is sufficient to satisfy us that Mr Callaway rode carelessly.
Decision:
This committee is satisfied on the basis of the evidence and submissions put before us that Mr Callaway rode carelessly and the charge is found proved accordingly. The degree of carelessness we consider to be at the lower end of the scale.
sumissionsforpenalty:
Mr McLaughlin advised that Mr Callaway is a busy South Island rider, but it is just under 12 months since Mr Callaway has breached the careless riding rule. He referred us to the Judicial Control Authority Penalty Guidelines which refer to a 3 day suspension as a starting point. Mr McLaughlin was of the view that Mr Callaway has had about 300 rides during the current season. Mr Callaway was unsure as to how many rides he had had.
reasonsforpenalty:
The starting point for penalty is that set out in the Judicial Control Authority's Penalty Guideline, namely a suspension of 3 days. Against that we take into account, aggravating and mitigating factors. There was a protest which was not upheld. Thus that does not feature as an aggravating factor. We do not consider that there were any other aggravating factors which would warrant an uplift on the starting point.
By way of mitigation, we consider that the degree of carelessness was at the lower end of the scale. Mr Callaway made a brief error of judgement. He rectified the situation by returning to the running line that he was on and going on to win. He has a good record, it being just under 12 months since he last appeared on a charge of careless riding. These mitigating factors allow us to afford Mr Callaway a discount of one day, making the period of suspension two days.
Mr Callaway does not apply for a deferment of the coming into effect of the penalty. He is a South Island rider, and thus only South Island days will be taken into account in the imposition of penalty.
penalty:
Mr Callaway is suspended from race riding for two South Island days, namely 18th June (Oamaru) and 20th June 2015 (Riccarton).
hearing_type: Hearing
Rules: Rule 638(1), A rider shall not ride a horse in a manner which the Judicial Committee considers to be, (d) Careless
Informant: J McLaughlin-Stipendiary Steward
JockeysandTrainer: L Callaway - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3483a9a8aebd9b425c296ce36a07b15d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8ea2ea4ea8963548c013440f705378a9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/06/2015
meet_title: South Canterbury RC - 12 June 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: GClapp
meet_pm2: none
name: South Canterbury RC