Archive Decision

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Avondale JC 24 January 2018 – R 5 – Chair, Mr A Dooley

ID: JCA11760

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Ms D Johnson - Licensed Jockey

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A10359

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 24 January 2018

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2018/01/24

Race Number:
R5

Decision:

As Ms Johnson admitted the breach the Committee found the charge proved.

Penalty:

The Committee grants a deferment to Ms Johnson’s suspension pursuant to Rule 1106(2).

Accordingly, Ms Johnson had her license to ride in races suspended for a period to commence after racing on 29 January and conclude after racing on 14 February 2018 (10 national riding days).

Facts:

Following the running of race 5, Avondale Sunday’s Market 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Ms Johnson angled her mount PIERINA outwards when not clear of PEACEFUL FALLS and HEZA KIWI LAD which were checked near the 450 metres.

Ms Johnson acknowledged that she understood the Rule and confirmed her 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 Oatham using the video films identified the horses involved in the incident. He showed that Ms Johnson was racing in a 2 wide position when she commenced to shift outwards looking for racing room. He identified that Ms Johnson was only just ahead of PEACEFUL FALLS when she rode her mount outwards quite aggressively and in doing so that pushed PEACEFUL FALLS further out on the track. He said that Ms Johnson was never clear when riding her mount forward which resulted in 2 horses being checked.

Ms Johnson said that she had a lot of horse underneath her when she started to dictate PEACEFUL FALLS outwards. She said that as she was moving outwards Mr Nason the rider of PEACEFUL FALLS was holding his ground.

Submissions for Penalty:

Mr Williamson produced Ms Johnson’s record which showed 4 previous breaches under this Rule in the last 12 months, the most recent being 7 December. He said the Stewards placed the level of carelessness in the high range. He said that Ms Johnson permitted her mount to shift outwards when there was no room for her to do so because PEACEFUL FALLS was racing adjacent to her. He added that 2 horses received interference due to Ms Johnson’s carelessness. Mr Williamson submitted that a suspension in the 10 to 12 day range should be imposed.

Ms Johnson advised that she had engagements at Te Teko on 29 January and any proposed suspension could start after that date.

The Committee notes that Ms Johnson did not challenge the Stewards' assessment on the level of carelessness.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video films it was evident that Ms Johnson was intent on shifting outwards despite the fact that there was no run available to her when she was racing on level terms with PEACEFUL FALLS. Ms Johnson continued to ride her mount forward and outwards when never the required distance clear. It was clear that Ms Johnson shifted out at least 3 horse widths. As a consequence PEACEFUL FALLS was interfered with for some distance and HEZA KIWI LAD had to check off that runner's hind quarters due to Ms Johnson’s actions. The Committee considered that in the manner in which Ms Johnson rode her mount, she failed to exercise the degree of care and attention that a reasonable and prudent jockey would exercise in the circumstances. The safety of other horses and riders is paramount. Accordingly, we assessed the level of carelessness as high range.

The JCA Penalty Guide starting point for high range carelessness is 10 plus days.

The Committee adopted 11 days as the starting point due to the seriousness of the breach.

The mitigating factor was Ms Johnson’s admission of the breach which was unsurprising given the compelling video evidence. For this Ms Johnson was afforded a 1 day reduction.

Ms Johnson’s record was deemed to be fair and a neutral factor after having regard for her quantity of rides in a 12 month period.

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: 24784219b0e71bfa41ad8bdcbe086988


informantnumber: A10359


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 25/01/2018


hearing_title: Avondale JC 24 January 2018 - R 5 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 5, Avondale Sunday’s Market 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Ms Johnson angled her mount PIERINA outwards when not clear of PEACEFUL FALLS and HEZA KIWI LAD which were checked near the 450 metres.

Ms Johnson acknowledged that she understood the Rule and confirmed her 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 Oatham using the video films identified the horses involved in the incident. He showed that Ms Johnson was racing in a 2 wide position when she commenced to shift outwards looking for racing room. He identified that Ms Johnson was only just ahead of PEACEFUL FALLS when she rode her mount outwards quite aggressively and in doing so that pushed PEACEFUL FALLS further out on the track. He said that Ms Johnson was never clear when riding her mount forward which resulted in 2 horses being checked.

Ms Johnson said that she had a lot of horse underneath her when she started to dictate PEACEFUL FALLS outwards. She said that as she was moving outwards Mr Nason the rider of PEACEFUL FALLS was holding his ground.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Johnson admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson produced Ms Johnson’s record which showed 4 previous breaches under this Rule in the last 12 months, the most recent being 7 December. He said the Stewards placed the level of carelessness in the high range. He said that Ms Johnson permitted her mount to shift outwards when there was no room for her to do so because PEACEFUL FALLS was racing adjacent to her. He added that 2 horses received interference due to Ms Johnson’s carelessness. Mr Williamson submitted that a suspension in the 10 to 12 day range should be imposed.

Ms Johnson advised that she had engagements at Te Teko on 29 January and any proposed suspension could start after that date.

The Committee notes that Ms Johnson did not challenge the Stewards' assessment on the level of carelessness.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video films it was evident that Ms Johnson was intent on shifting outwards despite the fact that there was no run available to her when she was racing on level terms with PEACEFUL FALLS. Ms Johnson continued to ride her mount forward and outwards when never the required distance clear. It was clear that Ms Johnson shifted out at least 3 horse widths. As a consequence PEACEFUL FALLS was interfered with for some distance and HEZA KIWI LAD had to check off that runner's hind quarters due to Ms Johnson’s actions. The Committee considered that in the manner in which Ms Johnson rode her mount, she failed to exercise the degree of care and attention that a reasonable and prudent jockey would exercise in the circumstances. The safety of other horses and riders is paramount. Accordingly, we assessed the level of carelessness as high range.

The JCA Penalty Guide starting point for high range carelessness is 10 plus days.

The Committee adopted 11 days as the starting point due to the seriousness of the breach.

The mitigating factor was Ms Johnson’s admission of the breach which was unsurprising given the compelling video evidence. For this Ms Johnson was afforded a 1 day reduction.

Ms Johnson’s record was deemed to be fair and a neutral factor after having regard for her quantity of rides in a 12 month period.


penalty:

The Committee grants a deferment to Ms Johnson’s suspension pursuant to Rule 1106(2).

Accordingly, Ms Johnson had her license to ride in races suspended for a period to commence after racing on 29 January and conclude after racing on 14 February 2018 (10 national riding days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Ms D Johnson - Licensed Jockey


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 1975b3b7c07a746628ff771069cfbf54


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f34b8ec47c4dc5b1d42404e764874776


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/01/2018


meet_title: Avondale JC - 24 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Avondale JC