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Canterbury JC 13 November 2013 – R 9

ID: JCA12297

Applicant:
Mr R Neal - Co Chief Stipendiary Steward

Respondent(s):
CW Johnson

Information Number:
A3278

Hearing Type:
Hearing

New Charge:
Careless riding

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 13 November 2013

Meet Chair:
KHales

Meet Committee Member 1:
RMcKenzie

Race Date:
2013/11/13

Race Number:
R9

Decision:

As Mr Johnson admitted the charge it is therefore deemed to be proved.

Penalty:

Mr Johnson applied for  a deferment of the coming into effect of the period  of suspension. That application is granted.

Mr Johnson is suspended for a period of 3 race days as from the conclusion of racing on Saturday 16th November 2013 until the conclusion of racing on Friday 22nd November 2013. That period of suspension encompasses meeting at Woodville (18th), Winton (20th) and New Plymouth (22nd).

In addition, Mr Johnson is fined the sum of $750.

Facts:

It was alleged that Mr Johnson rode carelessly at about the 250 metres when shifting his horse "Final Touch" outwards when not sufficiently clear of "Ididit" with this runner being checked.

Mr Neal requested Mr M Zarb, Stipendiary Steward to demonstrate the incident to the hearing. Mr Johnson, on "Final Touch" was racing behind a number of horses, in the run home. He was presented with a gap, which really was not wide enough to pass through. He moved outwards to take the gap but in the process caused a check to "Ididit" (C Grylls). It was conceded by Mr Neal that "Ididit" had come to the end of its run.

Mr Johnson said that he was on a favoured runner and that at a crucial time in the race, he had a "wall of horses" in front of him. He acknowledged that he should have waited for a couple or more strides before making his outward movement to the gap which had appeared.

Submissions for Penalty:

Mr Neal told the hearing that Mr Johnson had received a suspension of 4 days at Oamaru on 16th August 2013, and a suspension of 3 days at Manawatu on 22nd December 2012. However, as Mr Johnson is a busy rider, racing throughout the South Island and the lower part of the North Island, that notwithstanding the two periods of suspension, that Mr Johnson's record was "good".  Mr Neal said that it was clear that Mr Johnson had miscalculated his line of running, and that Mr Grylls' horse was only "battling". In the Stipendiary Stewards view, the degree of carelessness was "between low and mid-range". In imposing penalty, Mr Neal said that we should take into account the fact that it was a Group II race for a stake of $230,000.

In response, Mr Johnson said that he largely agreed with Mr Neal, but said that he was keen to ride "Arietta" in the Counties Cup on the 23rd November.

Reasons for Penalty:

We discussed with Mr Johnson a combined penalty of a suspension plus a fine, having regard to the fact that he was anticipating riding at a Premier meeting at Counties on a date which was falling within the period of suspension which we were contemplating. That had appeal for him.  Mr Neal, said that the Stipendiary Stewards were opposed to such an approach, as they believed that a suspension only, should be the penalty.

We note, however, that there is a recent precedent for a combination of a fine and suspension (see the recent appeal involving Jockey "B"). Accordingly, we elected to take such an approach.

We start with a suspension of 5 days in accordance with the Judicial Control Authority's Penalty Guide. As the race was a Group II race, that calls for an uplift of 1 day.

Against that we consider the mitigating factors to be, Mr Johnson's "good" record, and our assessment that the degree of carelessness was low to mid-range. We consider that a discount of 2 days can be allowed, subject however to a monetary penalty forming part of the overall 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: 4b27fed8912193dbcd61c28035790a3c


informantnumber: A3278


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 06/11/2013


hearing_title: Canterbury JC 13 November 2013 - R 9


charge:


facts:

It was alleged that Mr Johnson rode carelessly at about the 250 metres when shifting his horse "Final Touch" outwards when not sufficiently clear of "Ididit" with this runner being checked.

Mr Neal requested Mr M Zarb, Stipendiary Steward to demonstrate the incident to the hearing. Mr Johnson, on "Final Touch" was racing behind a number of horses, in the run home. He was presented with a gap, which really was not wide enough to pass through. He moved outwards to take the gap but in the process caused a check to "Ididit" (C Grylls). It was conceded by Mr Neal that "Ididit" had come to the end of its run.

Mr Johnson said that he was on a favoured runner and that at a crucial time in the race, he had a "wall of horses" in front of him. He acknowledged that he should have waited for a couple or more strides before making his outward movement to the gap which had appeared.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Johnson admitted the charge it is therefore deemed to be proved.


sumissionsforpenalty:

Mr Neal told the hearing that Mr Johnson had received a suspension of 4 days at Oamaru on 16th August 2013, and a suspension of 3 days at Manawatu on 22nd December 2012. However, as Mr Johnson is a busy rider, racing throughout the South Island and the lower part of the North Island, that notwithstanding the two periods of suspension, that Mr Johnson's record was "good".  Mr Neal said that it was clear that Mr Johnson had miscalculated his line of running, and that Mr Grylls' horse was only "battling". In the Stipendiary Stewards view, the degree of carelessness was "between low and mid-range". In imposing penalty, Mr Neal said that we should take into account the fact that it was a Group II race for a stake of $230,000.

In response, Mr Johnson said that he largely agreed with Mr Neal, but said that he was keen to ride "Arietta" in the Counties Cup on the 23rd November.


reasonsforpenalty:

We discussed with Mr Johnson a combined penalty of a suspension plus a fine, having regard to the fact that he was anticipating riding at a Premier meeting at Counties on a date which was falling within the period of suspension which we were contemplating. That had appeal for him.  Mr Neal, said that the Stipendiary Stewards were opposed to such an approach, as they believed that a suspension only, should be the penalty.

We note, however, that there is a recent precedent for a combination of a fine and suspension (see the recent appeal involving Jockey "B"). Accordingly, we elected to take such an approach.

We start with a suspension of 5 days in accordance with the Judicial Control Authority's Penalty Guide. As the race was a Group II race, that calls for an uplift of 1 day.

Against that we consider the mitigating factors to be, Mr Johnson's "good" record, and our assessment that the degree of carelessness was low to mid-range. We consider that a discount of 2 days can be allowed, subject however to a monetary penalty forming part of the overall penalty.


penalty:

Mr Johnson applied for  a deferment of the coming into effect of the period  of suspension. That application is granted.

Mr Johnson is suspended for a period of 3 race days as from the conclusion of racing on Saturday 16th November 2013 until the conclusion of racing on Friday 22nd November 2013. That period of suspension encompasses meeting at Woodville (18th), Winton (20th) and New Plymouth (22nd).

In addition, Mr Johnson is fined the sum of $750.


hearing_type: Hearing


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


Informant: Mr R Neal - Co Chief Stipendiary Steward


JockeysandTrainer: CW Johnson


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: cfa8baf038f890469b7db37665fe6f1c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3c54da5323129ca7767d434fac6a29ae


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/11/2013


meet_title: Canterbury Racing - 13 November 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing