Ashburton RC 24 July 2015 – R 3 – Chair, Mr K Hales
ID: JCA12223
Code:
Thoroughbred
Meet Title:
Ashburton RC - 24 July 2015
Meet Chair:
KHales
Meet Committee Member 1:
GClapp
Meet Committee Member 2:
DANderson
Race Date:
2015/07/24
Race Number:
R 3
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.
Penalty:
Mr Callaway is suspended from race riding for three days. Those race days are the three days of Grand National Week at Riccarton, namely, 1st, 5th & 8th August 2015. In addition, Mr Callaway is fined $250.
Facts:
As a result of an incident which occurred approximately 200 metres from the start of Race 3 the Paul Summerfield Plumbing Maiden 200, Licensed Jockey L Callaway was charged with careless riding. The Stipendiary Stewards alleged:
“L Callaway permitted his mount METALWORKER to shift in near the 1,000 metres resulting in tightening to DEESSE DE LA MODE, YOUR HONOUR, I AM NOT, LORD BEAVER, AND PENNY PERFECT (R Cuneen) whose rider was dislodged.”
Mr Callaway did not admit the breach of Rule 638(1) (d).
Submissions for Decision:
The evidence was that Mr Callaway, whose horse had drawn 8 at the barrier, began an inward movement shortly after the start. As the field approached the 200 metres mark, Mr Callaway’s mount began to place inwards pressure on YOUR HONOUR, (Ms S Collett) which horse had several runners on its inside, including DEESSE DE LA MODE, YOUR HONOUR, I AM NOT, LORD BEAVER, and PENNY PERFECT.
The pressure which the Stipendiary Stewards alleged was caused by Mr Callaway, was such that none of the inside horses could relieve the pressure that came on to them, when they were all trying to maintain their rightful racing lines. The end result was that the inner most horse, PENNY PERFECT began to “shy” away from the running rail, as it was “buffeted” by LORD BEAVER (TR Moseley).The result was that the rider of PENNY PERFECT (R Cuneen) was eventually dislodged from the saddle.
Mr McLaughlin called Licensed Jockey Ms S Collett to give evidence. She said that she came under pressure from her outside shortly after the start which pressure she could not relieve because of the horse/s to her inside.
Mr Callaway cross examined by asking Ms Collett if her horse was “over racing”. She agreed that it might have been, but she was on a rightful running line and she could not do anything about the pressure because the horse/s to her inside were entitled to be where they were.
Apprentice Jockey B Murray the rider of DEESSE DE LA MODE gave evidence. He said that he received pressure from Ms Collett on his outside. In answer to a question from Mr Callaway he agreed that his horse was on a forward movement, but said that he was half a length on her when the pressure came on. He could not relieve the pressure he was subjected to.
Licensed Jockey Mr R J Bishop, the rider of I AM NOT said that he received pressure from the outside which he could not relieve. Mr Callaway asked him if TR Moseley, on LORD BEAVER had “kicked up” on the inside of Mr Bishop. Mr Bishop agreed that was the case but that was happening almost right from the start, but the pressure from the outside made the situation even tighter.
Licensed Jockey Mr TR Moseley, the rider of LORD BEAVER told the hearing that he was three quarters of a length inside of I AM NOT and that his horse was “travelling up”. As a consequence he committed himself as he was entitled to do. Pressure came on him from the outside and as a result PENNY PERFECT on his inside, was placed under pressure. Some buffeting occurred with the end result being that Apprentice Jockey R Cuneen was dislodged from his saddle.
Mr Cuneen gave evidence. He said that he received pressure from the outside, and that consequently he was being forced closer to the running rail, and that his horse began to “shy” away from the rail. There was some buffeting with Mr Moseley’s mount. He said that he went to “kick up” at first but then realised that he had to pull back, but in the process, he was dislodged from his saddle and fell.
In cross examination from Mr Callaway, he agreed that his horse was racing “greenly”, and that when he was trying to pull back, that it “shied” away.
Mr Callaway was asked if he intended to call witnesses. He said that he would like to call the rider who rode PENNY PERFECT at the trials recently and who would say that PENNY PERFECT raced “greenly” on that occasion. Mr Callaway was advised by the Chair that such evidence would be of little or no assistance to the hearing because the hearing was concerned with whether or not, he, Mr Callaway rode carelessly. In any event, Mr Cuneen had already conceded in his evidence that PENNY PERFECT was racing “greenly” and hence such evidence as to the tendencies of PENNY PERFECT to race “greenly” was on the record.
Mr Callaway said that all horses began shifting in, as they do, at that stage of a race. He said that when he came into proximity of Ms Collett, that he proceeded to put a “length on her”. He maintained that he did not cause the tightening and so far as he was concerned Ms Collett made it look a lot worse than it was. Her horse was “over racing” and that all he did was to follow Ms Collett across. He asked the hearing to look closely at the side on camera angle. He said that the angle on which the camera was, made it look as though he was quite close to Ms Collett as he came across, but the camera angle itself was deceiving, as he said that he was at least a length clear of her. That, he said, gave weight to his submission that it was Ms Collett who caused the tightening to the horses to the inside of her.
Furthermore, Mr Callaway maintained that Mr TR Moseley was travelling up into the line and even if he had caused tightening, then Mr Moseley was certainly a key factor in causing Mr Cuneen to be dislodged.
In summary, Mr McLaughlin said that it was Mr Callaway who shifted and placed pressure on Ms Collett which she could not relieve. This pressure carried on all the way through to the horses inside of her, with the end result being Mr Cuneen falling from his mount.
In summary, Mr Callaway said that the side on camera angle was misleading and did not help him. He maintained that he was his own length clear of Ms Collett when he went across.
Reasons for Decision:
Five riders gave evidence of having received pressure from the outside. Ms Collett said that she had no way of relieving that pressure. No doubt the other riders were riding competitively in order to find a running line, and all succeeded in doing so. This was a point made consistently by each of those riders. The head on camera view of the incident also, in this committee’s view established that it was Mr Callaway who came across the line of Ms Collett when not his own length and another length clear of her, thereby placing pressure on her. All riders had established their running lines and were entitled to maintain them. The pressure they received was a result of Mr Callaway placing the pressure on Ms Collett, as we have found.
We reject Mr Callaway’s submission that the side on camera angle was deceptive which view made it look as though he was a lot closer to her than he in fact was. Even if we did accept that there was some merit in this submission, the fact of the matter is that Mr Callaway’s submission does not get him over the overwhelming evidence of the riders who testified against him. At the most, the only finding that we could make in relation to Mr Callaway’s submission is that the video evidence was inconclusive and in which case this committee is entitled to rely on the oral evidence given. The evidence of the riders who testified against Mr Callaway was, in this committee’s view, compelling.
Submissions for Penalty:
Mr McLaughlin submitted that the degree of carelessness was “mid-range”, with “high end” consequences, namely Mr Cuneen falling from his saddle. He referred to the Judicial Control Authority’s Penalty Guide which provides for a 3 day suspension for South Island riders. However, he submitted that because Mr Cuneen fell from his mount that this was an aggravating factor which we should take into account. Mr McLaughlin also referred to the fact that Mr Callaway received a 2 day suspension as recently as 12th June 2015, at Timaru.
Mr McLaughlin submitted that a 5 day suspension should be imposed.
In response, Mr Callaway said that a 5 day suspension could mean the end of his riding career. He said that he was not getting that many rides of recent times. He asked for a shorter term of suspension. It was put to him that the Committee could also factor in a fine to the penalty, which Mr Callaway acknowledged that he could pay by instalments. He also submitted that his degree of carelessness was at the lower end.
Reasons for Penalty:
The starting point for penalty is that set out in the Judicial Control Authority’s Penalty Guideline, namely a suspension of three days for South Island riders. We find after hearing from Mr Callaway, and Mr McLaughlin, that Mr Callaway is a South Island rider.
Against that we must take into account aggravating and mitigating factors. Mr Callaway’s careless riding caused another rider to fall from his mount. The safety of several other riders was compromised by virtue of the crowding that was caused by the pressure that Mr Callaway’s actions placed on them.
We find after considering all of the evidence, and the submissions, that the degree of carelessness was at the least, mid-range.
Mr Callaway has a recent suspension of 2 days. Those factors are aggravating factors which compel us to make an uplift on our starting point of 1 day making the starting point a suspension of 4 days.
Mr Callaway denied the breach in the face of overwhelming evidence. It is his right to do so, but the end result is that he does not earn as a mitigating factor, a discount for an early admission of the breach. For the avoidance of doubt, that is not to say that we regard his denial of the breach as an aggravating factor for the purposes of imposing a penalty.
There are no other mitigating factors that we have taken into account, except to the extent that two charges of careless riding in the last twelve months could been seen as giving Mr Callaway’s record the description of “reasonably good” and that will be reflected to a degree in the overall penalty.
Mr Callaway has said that he wishes to be able to ride earlier than 21st August which would be the effect of a 4 day suspension, and that in his submission, being suspended until after 21st August 2015, would mean the end of his riding career. He has acknowledged that he would be able to pay a fine. Therefore we allow a discount of 1 day on our starting point.
Because the next South Island race day is not until Saturday 1st August at Riccarton, the question of a deferment of the period of suspension does not come into consideration.
JCA Decision Fields (raw)
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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: 427ccf668f6463046e684879ce73427e
informantnumber: A5419
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 28/07/2015
hearing_title: Ashburton RC 24 July 2015 - R 3 - Chair, Mr K Hales
charge:
facts:
As a result of an incident which occurred approximately 200 metres from the start of Race 3 the Paul Summerfield Plumbing Maiden 200, Licensed Jockey L Callaway was charged with careless riding. The Stipendiary Stewards alleged:
“L Callaway permitted his mount METALWORKER to shift in near the 1,000 metres resulting in tightening to DEESSE DE LA MODE, YOUR HONOUR, I AM NOT, LORD BEAVER, AND PENNY PERFECT (R Cuneen) whose rider was dislodged.”
Mr Callaway did not admit the breach of Rule 638(1) (d).
appealdecision:
isappeal:
submissionsfordecision:
The evidence was that Mr Callaway, whose horse had drawn 8 at the barrier, began an inward movement shortly after the start. As the field approached the 200 metres mark, Mr Callaway’s mount began to place inwards pressure on YOUR HONOUR, (Ms S Collett) which horse had several runners on its inside, including DEESSE DE LA MODE, YOUR HONOUR, I AM NOT, LORD BEAVER, and PENNY PERFECT.
The pressure which the Stipendiary Stewards alleged was caused by Mr Callaway, was such that none of the inside horses could relieve the pressure that came on to them, when they were all trying to maintain their rightful racing lines. The end result was that the inner most horse, PENNY PERFECT began to “shy” away from the running rail, as it was “buffeted” by LORD BEAVER (TR Moseley).The result was that the rider of PENNY PERFECT (R Cuneen) was eventually dislodged from the saddle.
Mr McLaughlin called Licensed Jockey Ms S Collett to give evidence. She said that she came under pressure from her outside shortly after the start which pressure she could not relieve because of the horse/s to her inside.
Mr Callaway cross examined by asking Ms Collett if her horse was “over racing”. She agreed that it might have been, but she was on a rightful running line and she could not do anything about the pressure because the horse/s to her inside were entitled to be where they were.
Apprentice Jockey B Murray the rider of DEESSE DE LA MODE gave evidence. He said that he received pressure from Ms Collett on his outside. In answer to a question from Mr Callaway he agreed that his horse was on a forward movement, but said that he was half a length on her when the pressure came on. He could not relieve the pressure he was subjected to.
Licensed Jockey Mr R J Bishop, the rider of I AM NOT said that he received pressure from the outside which he could not relieve. Mr Callaway asked him if TR Moseley, on LORD BEAVER had “kicked up” on the inside of Mr Bishop. Mr Bishop agreed that was the case but that was happening almost right from the start, but the pressure from the outside made the situation even tighter.
Licensed Jockey Mr TR Moseley, the rider of LORD BEAVER told the hearing that he was three quarters of a length inside of I AM NOT and that his horse was “travelling up”. As a consequence he committed himself as he was entitled to do. Pressure came on him from the outside and as a result PENNY PERFECT on his inside, was placed under pressure. Some buffeting occurred with the end result being that Apprentice Jockey R Cuneen was dislodged from his saddle.
Mr Cuneen gave evidence. He said that he received pressure from the outside, and that consequently he was being forced closer to the running rail, and that his horse began to “shy” away from the rail. There was some buffeting with Mr Moseley’s mount. He said that he went to “kick up” at first but then realised that he had to pull back, but in the process, he was dislodged from his saddle and fell.
In cross examination from Mr Callaway, he agreed that his horse was racing “greenly”, and that when he was trying to pull back, that it “shied” away.
Mr Callaway was asked if he intended to call witnesses. He said that he would like to call the rider who rode PENNY PERFECT at the trials recently and who would say that PENNY PERFECT raced “greenly” on that occasion. Mr Callaway was advised by the Chair that such evidence would be of little or no assistance to the hearing because the hearing was concerned with whether or not, he, Mr Callaway rode carelessly. In any event, Mr Cuneen had already conceded in his evidence that PENNY PERFECT was racing “greenly” and hence such evidence as to the tendencies of PENNY PERFECT to race “greenly” was on the record.
Mr Callaway said that all horses began shifting in, as they do, at that stage of a race. He said that when he came into proximity of Ms Collett, that he proceeded to put a “length on her”. He maintained that he did not cause the tightening and so far as he was concerned Ms Collett made it look a lot worse than it was. Her horse was “over racing” and that all he did was to follow Ms Collett across. He asked the hearing to look closely at the side on camera angle. He said that the angle on which the camera was, made it look as though he was quite close to Ms Collett as he came across, but the camera angle itself was deceiving, as he said that he was at least a length clear of her. That, he said, gave weight to his submission that it was Ms Collett who caused the tightening to the horses to the inside of her.
Furthermore, Mr Callaway maintained that Mr TR Moseley was travelling up into the line and even if he had caused tightening, then Mr Moseley was certainly a key factor in causing Mr Cuneen to be dislodged.
In summary, Mr McLaughlin said that it was Mr Callaway who shifted and placed pressure on Ms Collett which she could not relieve. This pressure carried on all the way through to the horses inside of her, with the end result being Mr Cuneen falling from his mount.
In summary, Mr Callaway said that the side on camera angle was misleading and did not help him. He maintained that he was his own length clear of Ms Collett when he went across.
reasonsfordecision:
Five riders gave evidence of having received pressure from the outside. Ms Collett said that she had no way of relieving that pressure. No doubt the other riders were riding competitively in order to find a running line, and all succeeded in doing so. This was a point made consistently by each of those riders. The head on camera view of the incident also, in this committee’s view established that it was Mr Callaway who came across the line of Ms Collett when not his own length and another length clear of her, thereby placing pressure on her. All riders had established their running lines and were entitled to maintain them. The pressure they received was a result of Mr Callaway placing the pressure on Ms Collett, as we have found.
We reject Mr Callaway’s submission that the side on camera angle was deceptive which view made it look as though he was a lot closer to her than he in fact was. Even if we did accept that there was some merit in this submission, the fact of the matter is that Mr Callaway’s submission does not get him over the overwhelming evidence of the riders who testified against him. At the most, the only finding that we could make in relation to Mr Callaway’s submission is that the video evidence was inconclusive and in which case this committee is entitled to rely on the oral evidence given. The evidence of the riders who testified against Mr Callaway was, in this committee’s view, compelling.
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.
sumissionsforpenalty:
Mr McLaughlin submitted that the degree of carelessness was “mid-range”, with “high end” consequences, namely Mr Cuneen falling from his saddle. He referred to the Judicial Control Authority’s Penalty Guide which provides for a 3 day suspension for South Island riders. However, he submitted that because Mr Cuneen fell from his mount that this was an aggravating factor which we should take into account. Mr McLaughlin also referred to the fact that Mr Callaway received a 2 day suspension as recently as 12th June 2015, at Timaru.
Mr McLaughlin submitted that a 5 day suspension should be imposed.
In response, Mr Callaway said that a 5 day suspension could mean the end of his riding career. He said that he was not getting that many rides of recent times. He asked for a shorter term of suspension. It was put to him that the Committee could also factor in a fine to the penalty, which Mr Callaway acknowledged that he could pay by instalments. He also submitted that his degree of carelessness was at the lower end.
reasonsforpenalty:
The starting point for penalty is that set out in the Judicial Control Authority’s Penalty Guideline, namely a suspension of three days for South Island riders. We find after hearing from Mr Callaway, and Mr McLaughlin, that Mr Callaway is a South Island rider.
Against that we must take into account aggravating and mitigating factors. Mr Callaway’s careless riding caused another rider to fall from his mount. The safety of several other riders was compromised by virtue of the crowding that was caused by the pressure that Mr Callaway’s actions placed on them.
We find after considering all of the evidence, and the submissions, that the degree of carelessness was at the least, mid-range.
Mr Callaway has a recent suspension of 2 days. Those factors are aggravating factors which compel us to make an uplift on our starting point of 1 day making the starting point a suspension of 4 days.
Mr Callaway denied the breach in the face of overwhelming evidence. It is his right to do so, but the end result is that he does not earn as a mitigating factor, a discount for an early admission of the breach. For the avoidance of doubt, that is not to say that we regard his denial of the breach as an aggravating factor for the purposes of imposing a penalty.
There are no other mitigating factors that we have taken into account, except to the extent that two charges of careless riding in the last twelve months could been seen as giving Mr Callaway’s record the description of “reasonably good” and that will be reflected to a degree in the overall penalty.
Mr Callaway has said that he wishes to be able to ride earlier than 21st August which would be the effect of a 4 day suspension, and that in his submission, being suspended until after 21st August 2015, would mean the end of his riding career. He has acknowledged that he would be able to pay a fine. Therefore we allow a discount of 1 day on our starting point.
Because the next South Island race day is not until Saturday 1st August at Riccarton, the question of a deferment of the period of suspension does not come into consideration.
penalty:
Mr Callaway is suspended from race riding for three days. Those race days are the three days of Grand National Week at Riccarton, namely, 1st, 5th & 8th August 2015. In addition, Mr Callaway is fined $250.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr L Callaway - Licensed Jockey
Otherperson: Ms S Collett - Licensed Jockey and Rider of YOUR HONOUR, Mr R J Bishop - Licensed Jockey and Rider of I AM NOT, Mr T R Moseley - Licensed Jockey and Rider of LORD BEAVER, Mr R Cuneen - Apprentice Jockey and Rider of PENNY PERFECT, Mr B Murray - Apprentice Jockey and Rider of DEESSE DE LA MODE
PersonPresent:
Respondent:
StipendSteward:
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race_title: R 3
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meetdate: 24/07/2015
meet_title: Ashburton RC - 24 July 2015
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