Archive Decision

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Canterbury R 22 June 2019 – R 4 – Chair, Mr R McKenzie

ID: JCA13009

Applicant:
J M McLaughlin, Stipendiary Steward

Respondent(s):
S Toolooa, Licensed Apprentice Jockey (Class B)

Other Person:
D M Walsh, Apprentice Jockey Mentor, D M Wadley, Stipendiary Steward

Information Number:
A11458

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 22 June 2019

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2019/06/22

Race Number:
R4

Decision:

Mr Toolooa having admitted the breach, the charge was found proved.

Penalty:

Mr Toolooa’s Apprentice Jockey’s Licence (Class B) is suspended for a period from after the conclusion of racing today, up to and including 4 July 2019 – 6 national riding days.

Facts:

Following the running of Race 4, North Canterbury Veterinary Clinics Benchmark 72, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr S Toolooa, alleging that Mr Toolooa, as the rider of AUGUSTACE in the race, “permitted his mount to shift ground inwards when not sufficiently clear of SUGGESTIVE LOOX (K Asano) which was checked 1200 metres [sic]”.

Mr Toolooa had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Toolooa was present at the hearing of the information and he confirmed that the breach was admitted. He was assisted at the hearing by Apprentice Jockey Mentor, Mr D M Walsh.

Rule 638 provides as follows:

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

    (d) careless.

Mr McLaughlin had Stipendiary Steward, Mr D M Wadley, show head-on and side-on video replays of the incident, approximately 100 metres after the start of the 1400 metre event. He pointed out AUGUSTACE, ridden by Mr Toolooa (barrier 6) and SUGGESTIVE LOOX, ridden by Mr Asano, (barrier 5). The former was improving forward in 2nd position with the latter to its inside.

He then showed Mr Toolooa’s mount shift across in front of Mr Asano and, for a stride, Mr Asano’s mount clipped heels and “knuckled over”, Mr Wadley said. Stewards were alleging that Mr Toolooa’s mount had shifted ground when not its own length and another length clear of Mr Asano’s mount, he said. It was noted that AUGUSTACE improved to the lead shortly thereafter.

Mr Walsh said that not a lot could be said about the incident which was “pretty straightforward”. Mr Toolooa has admitted the charge, he said. Mr Toolooa declined an invitation from the Committee to comment.

Submissions for Penalty:

Mr Toolooa’s record shows one suspension (5 days) for careless riding on 3 April last at South Canterbury for a low-range breach, Mr McLaughlin said.

The present breach was also low-range, Mr McLaughlin submitted, but the term of suspension should be not less than the 6-days starting point prescribed in the Penalty Guide. Mr Toolooa had obviously not been clear of Mr Asano and had made no attempt to go forward and clear him before crossing. Mr Asano had been forced to restrain and his mount had clipped a heel as he was coming back out of his rightful line, Mr McLaughlin said.

Mr Walsh told the Committee that Mr Toolooa’s suspension in April was the only suspension he has received from 61 rides this season.

Mr Toolooa said that he was not intending to ride at any meeting in the next 7 days and, therefore, did not seek a deferment of any suspension.

Reasons for Penalty:

The Committee accepts that the breach, in this case, is in the low-range, as submitted by Mr McLaughlin.

The starting point under the Penalty Guide for a low-range careless riding breach is a 6 national ridings days suspension. We have decided to uplift that starting point by 1 day to 7 national riding days, in recognition of the fact that Mr Toolooa had received a 5-days suspension for careless riding at South Canterbury on 3 April last, for a low-range breach. There needs to be an increase in penalty for this breach. The Committee accepts, however, that Mr Toolooa’s riding record is otherwise quite a good one.

From that uplifted starting point (7 days), we are able to give Mr Toolooa a discount of 1 day for his very frank admission of the breach. 

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: 35e92f51d6fcd54dab9263b2b9f5dcd2


informantnumber: A11458


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 25/06/2019


hearing_title: Canterbury R 22 June 2019 - R 4 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 4, North Canterbury Veterinary Clinics Benchmark 72, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr S Toolooa, alleging that Mr Toolooa, as the rider of AUGUSTACE in the race, “permitted his mount to shift ground inwards when not sufficiently clear of SUGGESTIVE LOOX (K Asano) which was checked 1200 metres [sic]”.

Mr Toolooa had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Toolooa was present at the hearing of the information and he confirmed that the breach was admitted. He was assisted at the hearing by Apprentice Jockey Mentor, Mr D M Walsh.

Rule 638 provides as follows:

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

    (d) careless.

Mr McLaughlin had Stipendiary Steward, Mr D M Wadley, show head-on and side-on video replays of the incident, approximately 100 metres after the start of the 1400 metre event. He pointed out AUGUSTACE, ridden by Mr Toolooa (barrier 6) and SUGGESTIVE LOOX, ridden by Mr Asano, (barrier 5). The former was improving forward in 2nd position with the latter to its inside.

He then showed Mr Toolooa’s mount shift across in front of Mr Asano and, for a stride, Mr Asano’s mount clipped heels and “knuckled over”, Mr Wadley said. Stewards were alleging that Mr Toolooa’s mount had shifted ground when not its own length and another length clear of Mr Asano’s mount, he said. It was noted that AUGUSTACE improved to the lead shortly thereafter.

Mr Walsh said that not a lot could be said about the incident which was “pretty straightforward”. Mr Toolooa has admitted the charge, he said. Mr Toolooa declined an invitation from the Committee to comment.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Toolooa having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Toolooa’s record shows one suspension (5 days) for careless riding on 3 April last at South Canterbury for a low-range breach, Mr McLaughlin said.

The present breach was also low-range, Mr McLaughlin submitted, but the term of suspension should be not less than the 6-days starting point prescribed in the Penalty Guide. Mr Toolooa had obviously not been clear of Mr Asano and had made no attempt to go forward and clear him before crossing. Mr Asano had been forced to restrain and his mount had clipped a heel as he was coming back out of his rightful line, Mr McLaughlin said.

Mr Walsh told the Committee that Mr Toolooa’s suspension in April was the only suspension he has received from 61 rides this season.

Mr Toolooa said that he was not intending to ride at any meeting in the next 7 days and, therefore, did not seek a deferment of any suspension.


reasonsforpenalty:

The Committee accepts that the breach, in this case, is in the low-range, as submitted by Mr McLaughlin.

The starting point under the Penalty Guide for a low-range careless riding breach is a 6 national ridings days suspension. We have decided to uplift that starting point by 1 day to 7 national riding days, in recognition of the fact that Mr Toolooa had received a 5-days suspension for careless riding at South Canterbury on 3 April last, for a low-range breach. There needs to be an increase in penalty for this breach. The Committee accepts, however, that Mr Toolooa’s riding record is otherwise quite a good one.

From that uplifted starting point (7 days), we are able to give Mr Toolooa a discount of 1 day for his very frank admission of the breach. 


penalty:

Mr Toolooa’s Apprentice Jockey’s Licence (Class B) is suspended for a period from after the conclusion of racing today, up to and including 4 July 2019 – 6 national riding days.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J M McLaughlin, Stipendiary Steward


JockeysandTrainer: S Toolooa, Licensed Apprentice Jockey (Class B)


Otherperson: D M Walsh, Apprentice Jockey Mentor, D M Wadley, Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 93f29bfa38824720c7daedfad5ff0a38


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9ec20b8106ce71e2bfe6513e99c4e4c4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/06/2019


meet_title: Canterbury Racing - 22 June 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: none


name: Canterbury Racing