Archive Decision

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Gore RC 21 January 2017 – R 9 – Chair, Prof G Hall

ID: JCA13505

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr J Lowry - Apprentice Jockey

Other Person:
Mr B Anderton - Licensed Trainer assisting Mr Lowry, Mr J McLaughlin - Stipendiary Steward

Information Number:
A7793

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Gore RC - 21 January 2017

Meet Chair:
GHall

Meet Committee Member 1:
VMUnro

Race Date:
2017/01/21

Race Number:
R 9

Decision:

As Mr Lowry has admitted the breach, we find the charge proved.

Penalty:

We impose a penalty of 2 days’ suspension.

We grant Mr Lowry’s request to seek a deferment of his suspension as per r 1106(2)(b).

Accordingly, Mr Lowry is suspended from the conclusion of racing on 26 January 2017 until the conclusion of racing on 2 February 2017. This is in effect 2 South Island days: Riccarton 28 January 2017 and Gore 2 February 2017.

 

Facts:

Following the running of Race 9, the O’Connor Richmond/Auto Funds Handicap, an information was lodged by Mr Davidson under r 638(1)(d) in that Apprentice Jockey, J Lowry allowed his mount to shift inwards near the 500 metres when not clear of SUPER TROUPER (Ms S Collett), which was checked.

Stipendiary Steward, Mr McLaughlin, used the video to highlight the incident. COULEE (Mr Lowry) was travelling one off the fence on the outside of SUPER TROUPER (Ms Collett). At about the 500 metre mark, Mr Lowry decided to improve past Ms Collett and move down to the fence. Mr Lowry was not clear of Ms Collett’s horse when he undertook this manoeuvre and he checked her horse. Ms Collett had to restrain her horse.

Mr Anderton stated that it was not blatant interference, in that Mr Lowry was simply not the further length clear as required by the Rules. He believed that Ms Collett had had the opportunity to hold her place.

Mr Lowry stated that he saw Ms Collett pulling back, and he thought he was clear of her horse as he went down to the rail.

Submissions for Penalty:

Mr Davidson submitted that Mr Lowry had incurred only one suspension for careless riding in the past 12 months. In March 2016 at Riverton he incurred a 2 day suspension.

Mr Davidson further submitted that Mr Lowry was a very busy South Island rider. He was a successful apprentice jockey with his claim now down to 1kg. He viewed this incident as a misjudgment. Mr Lowry was not quite clear of Ms Collett. The breach was no higher than mid range. He referred to the Penalty Guide and the 3-day starting point for a South Island rider.

Mr Anderton stated that Mr Lowry had just had three weeks off as he had battles with his weight, which he now had under control. This was a factor for the Committee to consider when determining the length of the suspension.

Mr Lowry stated he had upcoming engagements and requested a deferment of the commencement of the suspension.

Reasons for Penalty:

In coming to a decision on penalty the Committee adopted the South Island starting point of a 3-day suspension. Mr Lowry clearly has made an error of judgment and has moved inwards when not sufficiently clear of SUPER TROUPER, which had to be restrained.

The degree of carelessness is low to mid range. We do not uplift the starting point. Mr Lowry is a successful Apprentice Jockey who has frankly admitted the breach and whose record is very good. We give a one day discount for these personal mitigating factors.

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: 3f329b1aedfa7407f97a82c23e2dd94e


informantnumber: A7793


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 23/01/2017


hearing_title: Gore RC 21 January 2017 - R 9 - Chair, Prof G Hall


charge:


facts:

Following the running of Race 9, the O’Connor Richmond/Auto Funds Handicap, an information was lodged by Mr Davidson under r 638(1)(d) in that Apprentice Jockey, J Lowry allowed his mount to shift inwards near the 500 metres when not clear of SUPER TROUPER (Ms S Collett), which was checked.

Stipendiary Steward, Mr McLaughlin, used the video to highlight the incident. COULEE (Mr Lowry) was travelling one off the fence on the outside of SUPER TROUPER (Ms Collett). At about the 500 metre mark, Mr Lowry decided to improve past Ms Collett and move down to the fence. Mr Lowry was not clear of Ms Collett’s horse when he undertook this manoeuvre and he checked her horse. Ms Collett had to restrain her horse.

Mr Anderton stated that it was not blatant interference, in that Mr Lowry was simply not the further length clear as required by the Rules. He believed that Ms Collett had had the opportunity to hold her place.

Mr Lowry stated that he saw Ms Collett pulling back, and he thought he was clear of her horse as he went down to the rail.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Lowry has admitted the breach, we find the charge proved.


sumissionsforpenalty:

Mr Davidson submitted that Mr Lowry had incurred only one suspension for careless riding in the past 12 months. In March 2016 at Riverton he incurred a 2 day suspension.

Mr Davidson further submitted that Mr Lowry was a very busy South Island rider. He was a successful apprentice jockey with his claim now down to 1kg. He viewed this incident as a misjudgment. Mr Lowry was not quite clear of Ms Collett. The breach was no higher than mid range. He referred to the Penalty Guide and the 3-day starting point for a South Island rider.

Mr Anderton stated that Mr Lowry had just had three weeks off as he had battles with his weight, which he now had under control. This was a factor for the Committee to consider when determining the length of the suspension.

Mr Lowry stated he had upcoming engagements and requested a deferment of the commencement of the suspension.


reasonsforpenalty:

In coming to a decision on penalty the Committee adopted the South Island starting point of a 3-day suspension. Mr Lowry clearly has made an error of judgment and has moved inwards when not sufficiently clear of SUPER TROUPER, which had to be restrained.

The degree of carelessness is low to mid range. We do not uplift the starting point. Mr Lowry is a successful Apprentice Jockey who has frankly admitted the breach and whose record is very good. We give a one day discount for these personal mitigating factors.


penalty:

We impose a penalty of 2 days’ suspension.

We grant Mr Lowry’s request to seek a deferment of his suspension as per r 1106(2)(b).

Accordingly, Mr Lowry is suspended from the conclusion of racing on 26 January 2017 until the conclusion of racing on 2 February 2017. This is in effect 2 South Island days: Riccarton 28 January 2017 and Gore 2 February 2017.

 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr J Lowry - Apprentice Jockey


Otherperson: Mr B Anderton - Licensed Trainer assisting Mr Lowry, Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: efe969d869aca8bc587cb3872eb18603


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


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meetdate: 21/01/2017


meet_title: Gore RC - 21 January 2017


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meet_racingtype: thoroughbred-racing


meet_chair: GHall


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name: Gore RC