Archive Decision

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Gore RC 22 May 2012 – R 4 and R 6

ID: JCA13590

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr C W Johnson - Licensed Jockey

Information Number:
A 5886

Hearing Type:
Hearing

Rules:
Rule 330 (3) (b) A Rider shall not: permit himself to be engaged for more than one horse accepted or deemed to have been accepted for the same race.

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Gore RC - 22 May 2012

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2012/05/22

Race Number:
R4/6

Decision:

Mr Johnston had admitted the breach thus the committee finds the charge proved.

Penalty:

Accordingly, the committee imposed a fine of $500.

Charge:

Mr C W Johnston permitted himself to be engaged for two mounts in races 4 & 6. Race 4 Tapdano (K King) Welshtown (M Hamilton) and Race 6 Citycenta ( K King) Coat Of Arms (S Kirkland).

Facts:

Mr Davidson (Stipendiary Steward) told the committee that all four connections believed that they had the riding services of Mr Johnston. Mr Davidson told the committee that they were able to sort out the problem, but that they should have been informed of the problem well prior to race day, and that if they had, the problem would not have occurred. Mr Davidson also said that a degree of goodwill amongst the trainers and owners had assisted but that some were still resentful.

Mr Johnston stated that there had been some confusion between himself and his manager and that in one case he had accepted a ride on CITYCENTA and that that race was withdrawn from the programme, leaving him agreeing to ride two mounts in the same race. This was confirmed by Mr Davidson.

Submissions for Decision:

Mr Davidson submitted that Mr Johnston had accepted the mounts of two horses in race 4 and two mounts in race 6. Mr Davidson accepted that there was some confusion regarding the withdrawal of one race from the advertised programme but stated that it was Mr Johnston's responsibility to ensure that he was not double booked.

Reasons for Decision:

The committee found that Mr Johnston had in fact allowed himself to be double booked and that he had accepted two mounts in races 4 & 6 in breach of Rule 330 (3) (b).

Submissions for Penalty:

Mr Davidson stated that Mr Johnston had in fact been in breach of this rule twice in the previous 12 months. Firstly on the 28/1/2012 at Riccarton where he was fined the sum of $250, and again on the 4/3/2012 at Otago where he was fined the sum of $300. Mr Davidson said that he accepted the fact that there was some confusion caused by the cancellation of one proposed race, but stressed the fact that Mr Johnston must be more careful when accepting mounts. Mr Davidson suggested a range of penalty between 2/3 day suspension and a fine.

Reasons for Penalty:

When considering penalty, the committee considered Mr Johnston's previous record over the past 12 months, his early guilty plea, and the fact that a race was deleted from the programme which could have caused some confusion. However, the committee also understood that Mr Johnston is a senior jockey and must have been aware of similar situations in the past. The committee also considered the fact that this was Mr Johnston's third breach of this rule in the past 12 months.

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: 4aae45625d57c1704376fbc07ab20b46


informantnumber: A 5886


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 06/05/2012


hearing_title: Gore RC 22 May 2012 - R 4 and R 6


charge:

Mr C W Johnston permitted himself to be engaged for two mounts in races 4 & 6. Race 4 Tapdano (K King) Welshtown (M Hamilton) and Race 6 Citycenta ( K King) Coat Of Arms (S Kirkland).


facts:

Mr Davidson (Stipendiary Steward) told the committee that all four connections believed that they had the riding services of Mr Johnston. Mr Davidson told the committee that they were able to sort out the problem, but that they should have been informed of the problem well prior to race day, and that if they had, the problem would not have occurred. Mr Davidson also said that a degree of goodwill amongst the trainers and owners had assisted but that some were still resentful.

Mr Johnston stated that there had been some confusion between himself and his manager and that in one case he had accepted a ride on CITYCENTA and that that race was withdrawn from the programme, leaving him agreeing to ride two mounts in the same race. This was confirmed by Mr Davidson.


appealdecision:


isappeal:


submissionsfordecision:

Mr Davidson submitted that Mr Johnston had accepted the mounts of two horses in race 4 and two mounts in race 6. Mr Davidson accepted that there was some confusion regarding the withdrawal of one race from the advertised programme but stated that it was Mr Johnston's responsibility to ensure that he was not double booked.


reasonsfordecision:

The committee found that Mr Johnston had in fact allowed himself to be double booked and that he had accepted two mounts in races 4 & 6 in breach of Rule 330 (3) (b).


Decision:

Mr Johnston had admitted the breach thus the committee finds the charge proved.


sumissionsforpenalty:

Mr Davidson stated that Mr Johnston had in fact been in breach of this rule twice in the previous 12 months. Firstly on the 28/1/2012 at Riccarton where he was fined the sum of $250, and again on the 4/3/2012 at Otago where he was fined the sum of $300. Mr Davidson said that he accepted the fact that there was some confusion caused by the cancellation of one proposed race, but stressed the fact that Mr Johnston must be more careful when accepting mounts. Mr Davidson suggested a range of penalty between 2/3 day suspension and a fine.


reasonsforpenalty:

When considering penalty, the committee considered Mr Johnston's previous record over the past 12 months, his early guilty plea, and the fact that a race was deleted from the programme which could have caused some confusion. However, the committee also understood that Mr Johnston is a senior jockey and must have been aware of similar situations in the past. The committee also considered the fact that this was Mr Johnston's third breach of this rule in the past 12 months.


penalty:

Accordingly, the committee imposed a fine of $500.


hearing_type: Hearing


Rules: Rule 330 (3) (b) A Rider shall not: permit himself to be engaged for more than one horse accepted or deemed to have been accepted for the same race.


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr C W Johnson - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 3f3862c64a00b89c45e0195223ae98e6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4/6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fadcac6e2502e8812dc40eaaddf705e0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/05/2012


meet_title: Gore RC - 22 May 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-rc


meet_racingtype: thoroughbred-racing


meet_chair: NSkelt


meet_pm1: ADennis


meet_pm2: none


name: Gore RC