Archive Decision

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Otago RC 24 May 2019 – R 3 – Chair, Mr P Knowles

ID: JCA10690

Applicant:
Mr J McLaughlin - Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr L Callaway - Class A Jockey

Information Number:
A11455

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638 (1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 24 May 2019

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2019/05/24

Race Number:
R3

Decision:

Mr Callaway admitted the charge at the outset and it is found proved.

Penalty:

Mr Callaway’s Class A licence is suspended from the end of racing on the 31st May up to and including the 29th June 2019.

Facts:

Following the running of Race 3, The Dunedin City Ford Financial Year End Sale, an Information was filed by Stipendiary Steward, Mr McLaughlin, alleging that Mr Callaway (TURNCOAT) “permitted his mount to shift inwards when not sufficiently clear of (NELLIE BLY) which clipped heels and blundered dislodging its rider near the 125 metre mark.”

Rule 638(1) (d) states:

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

(d) careless

Mr Callaway admitted the charge and appeared at the hearing.

Mr Oatham, with the assistance of the video replays, pointed out the relevant positions of TURNCOAT and NELLIE BLY prior to the horses entering the home straight. He stated that TURNCOAT was racing handy to lead about three horse widths out from the running rail. NELLIE BLY was behind that runner and on it’s outer. On entering the home straight TURNCOAT maintained its position with Mr Chowdhoory shifting his mount NELLIE BLY to the inside of TURNCOAT. He said Mr Chowdhoory established a run on the inside of TURNCOAT. About the 200m mark TURNCOAT drifted inwards onto NELLIE BLY. He said at that point Mr Callaway straightened his mount and once he had done that he drew the whip and struck TURNCOAT three times. However, on being struck with the whip TURNCOAT shifted inwards, crowding NELLIE BLY, which clipped heels, blundered badly and dislodged Mr Chowdhoory. He said Mr Chowdhoory did ease his mount by taking a hold prior to the incident. He added that Mr Chowdhoory was not injured in the incident.

Mr Callaway stated he straightened his mount initially. When he drew the whip he thought he was clear of NELLIE BLY, until he heard Mr Chowdhoory yell out. It was a mistake on his part.

Submissions for Penalty:

Mr McLaughlin stated Mr Callaway was a busy jockey. He had four previous careless riding charges going back to March 2018 at this corresponding meeting. There were two charges in December last year and the most recent on the 31st March this year. The penalties ranged from four to 10 days suspension. He said the recommended penalty for this breach where a jockey is dislodged was a starting point of four weeks suspension. He said given Mr Callaway’s early admissions and his record he sought a four week suspension.

Mr Callaway stated he had admitted the breach at the outset. He had a good record considering the amount of rides he had had during the season. He said it was an honest mistake on his part. He asked the committee for a deferment of penalty to allow him to ride at Riccarton on the 31st May.

Reasons for Penalty:

Mr Callaway admitted a breach of careless riding. The incident resulted in a jockey being dislodged which places the breach at the higher end of the scale. Mr Callaway has four previous breaches of the rule dating back 12 months but none of them as serious as this one. The stewards submitted a starting point of four weeks suspension given the severity of the interference. Mr Callaway said he’d made an honest mistake and admitted the charge at the outset. He sought a deferment to allow him to ride at Riccarton on the 31st May.

We take a starting point of four weeks suspension. Given the length of suspension includes 20 national riding days we do not see the need to increase the penalty. Mr Callaway’s admission of the charge and his four previous breaches is viewed as neutral. Mr Callaway is granted the deferment until the end of racing on the 31st May.

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: 1004b61ae4af6894bf7e63ab73ab12d0


informantnumber: A11455


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 27/05/2019


hearing_title: Otago RC 24 May 2019 - R 3 - Chair, Mr P Knowles


charge:


facts:

Following the running of Race 3, The Dunedin City Ford Financial Year End Sale, an Information was filed by Stipendiary Steward, Mr McLaughlin, alleging that Mr Callaway (TURNCOAT) “permitted his mount to shift inwards when not sufficiently clear of (NELLIE BLY) which clipped heels and blundered dislodging its rider near the 125 metre mark.”

Rule 638(1) (d) states:

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

(d) careless

Mr Callaway admitted the charge and appeared at the hearing.

Mr Oatham, with the assistance of the video replays, pointed out the relevant positions of TURNCOAT and NELLIE BLY prior to the horses entering the home straight. He stated that TURNCOAT was racing handy to lead about three horse widths out from the running rail. NELLIE BLY was behind that runner and on it’s outer. On entering the home straight TURNCOAT maintained its position with Mr Chowdhoory shifting his mount NELLIE BLY to the inside of TURNCOAT. He said Mr Chowdhoory established a run on the inside of TURNCOAT. About the 200m mark TURNCOAT drifted inwards onto NELLIE BLY. He said at that point Mr Callaway straightened his mount and once he had done that he drew the whip and struck TURNCOAT three times. However, on being struck with the whip TURNCOAT shifted inwards, crowding NELLIE BLY, which clipped heels, blundered badly and dislodged Mr Chowdhoory. He said Mr Chowdhoory did ease his mount by taking a hold prior to the incident. He added that Mr Chowdhoory was not injured in the incident.

Mr Callaway stated he straightened his mount initially. When he drew the whip he thought he was clear of NELLIE BLY, until he heard Mr Chowdhoory yell out. It was a mistake on his part.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Callaway admitted the charge at the outset and it is found proved.


sumissionsforpenalty:

Mr McLaughlin stated Mr Callaway was a busy jockey. He had four previous careless riding charges going back to March 2018 at this corresponding meeting. There were two charges in December last year and the most recent on the 31st March this year. The penalties ranged from four to 10 days suspension. He said the recommended penalty for this breach where a jockey is dislodged was a starting point of four weeks suspension. He said given Mr Callaway’s early admissions and his record he sought a four week suspension.

Mr Callaway stated he had admitted the breach at the outset. He had a good record considering the amount of rides he had had during the season. He said it was an honest mistake on his part. He asked the committee for a deferment of penalty to allow him to ride at Riccarton on the 31st May.


reasonsforpenalty:

Mr Callaway admitted a breach of careless riding. The incident resulted in a jockey being dislodged which places the breach at the higher end of the scale. Mr Callaway has four previous breaches of the rule dating back 12 months but none of them as serious as this one. The stewards submitted a starting point of four weeks suspension given the severity of the interference. Mr Callaway said he’d made an honest mistake and admitted the charge at the outset. He sought a deferment to allow him to ride at Riccarton on the 31st May.

We take a starting point of four weeks suspension. Given the length of suspension includes 20 national riding days we do not see the need to increase the penalty. Mr Callaway’s admission of the charge and his four previous breaches is viewed as neutral. Mr Callaway is granted the deferment until the end of racing on the 31st May.


penalty:

Mr Callaway’s Class A licence is suspended from the end of racing on the 31st May up to and including the 29th June 2019.


hearing_type: Hearing


Rules: 638 (1) (d)


Informant: Mr J McLaughlin - Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr L Callaway - Class A Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d5380fb3b5871865e754acf3fe589127


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


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race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 77838bec17ceaccd9b50a9b4c8d25d2d


meet_expapproval:


meet_noreport: 0


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meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/05/2019


meet_title: Otago RC - 24 May 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Otago RC