Archive Decision

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Canterbury R 23 March 2019 – R 2 – Chair, Mr R McKenzie

ID: JCA13799

Applicant:
J P Oatham, Chief Stipendiary Steward

Respondent(s):
D L Turner, Licensed Jockey (Class A)

Other Person:
Mr J McLaughlin - Stipendiary Steward

Information Number:
A11505

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hororata RC - 23 March 2019

Meet Chair:
RMcKenzie

Meet Committee Member 1:
OJarvis

Race Date:
2019/03/23

Race Number:
R2

Decision:

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

Penalty:

The Committee granted Mr Turner’s application for a deferment, it being satisfied that he has riding engagements at the meeting of Manawatu RC on 30 March 2019.

Mr Turner’s Jockey’s Licence (Class A) is suspended for a period from after the conclusion of racing on 30 March 2019, up to and including 6 April 2019 – 5 national riding days.

Facts:

Following the running of Race 2, Selwyn Rakaia Vet Services Three-Year-Old, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Mr D L Turner, alleging that Mr Turner, as the rider of DEVIOUS in the race, “allowed his mount to shift outwards forcing FIRE SHOW (C A Campbell) outwards on to HIGHLY UNLIKELY (K Chowdhoory) who was checked near the 100 metres”.

Mr Turner was present at the hearing of the information. He had indicated on the information form that he admitted the breach and he confirmed this at the hearing.

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 Oatham had Stipendiary Steward, Mr J W McLaughlin, show side-on, head-on and rear-on video replays of the final stages of the race. He pointed out DEVIOUS, ridden by Mr Turner, in the lead passing the 300 metres with FIRE SHOW, ridden by Mr Campbell, challenging on its outside. HIGHLY UNLIKELY, ridden by Mr Chowdhoory, was to the outside of and behind FIRE SHOW, but making ground. DEVIOUS commenced to drift wider on the track and continued to drift out. Mr Turner changed the whip to his left hand and continued to ride his mount out, forcing Mr Campbell wider and in restricted room, until Mr Chowdhoory had to check and go across the heels of FIRE SHOW. At no stage was Mr Turner clear of Mr Campbell to continue to shift out.

Mr Turner said that his mount had lugged out for most of the race. Changing the whip to his left hand was probably the wrong thing to do, he said, but he did not use the whip in his left hand. He had been endeavouring to pull on the left rein to straighten the horse but he admitted that he had not stopped riding his mount to stop it running out. 

Submissions for Penalty:

Mr Oatham informed the Committee that Mr Turner had four previous breaches of the Rule on his record in the last 12 months – on 19 April 2018 at Woodville, 18 October 2018 at Woodville, 15 November 2018 at Awapuni and on 9 December 2018 at Waipukurau. All breaches were low-end, Mr Oatham said and each resulted in a suspension of 5 national riding days.

This breach is Mr Turner’s fifth in the past 12 months, Mr Oatham said, but he pointed out that three of the breaches were in “relatively quick succession” and Mr Turner has not offended since 9 December 2018. Mr Oatham submitted that Mr Turner’s record could be regarded as neutral. Prior to today, Mr Turner has had a total of 395 rides in the past 12-month period, so he is a reasonably busy rider who rides all over the country.

Mr Turner confirmed that he rides, in both the North and South Islands, at four meetings most weeks.

Mr Oatham said that Stewards placed the level of carelessness of this breach as low-to-mid. In mitigation, Mr Turner’s mount’s racing manners had not assisted him, the horse wanting to lug out quite badly in the straight and he had been in front for most of that time. Mr Turner had made an effort to straighten but had continued to ride forward at the same time, Mr Oatham said.

Mr Turner said he had been riding at four meetings a week lately, his last breach was in December and, therefore, his record is neutral as submitted by Mr Oatham. He was riding at Manawatu next Saturday, 30 March. His manager has arranged rides for him at that meeting.

Reasons for Penalty:

The Committee agreed with Mr Oatham’s assessment of the breach as being in the low-to-mid range and, accordingly, we have taken as a starting point 7 national riding days based on the Penalty Guide guidelines. We also agree with Mr Oatham that Mr Turner’s riding record can be regarded as a neutral factor. It is 3½ months since his last breach of the Rule and we are aware that Mr Turner is a quite busy national rider. He has had 395 rides in the last 12 months, prior to today, we were told. There were no aggravating factors.

There are two mitigating factors which the Committee has taken into account in fixing penalty. Firstly, the racing manners of the horse which was, clearly, giving Mr Turner a difficult ride over the last 200-300 metres. Secondly, Mr Turner’s very frank admission of the breach.

The Committee decided that a combination of those mitigating factors warranted a discount from the 7 national riding days suspension starting point. An appropriate discount was 2 days.

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: 67174ef64db86c9b1a4136f77c6ae7d4


informantnumber: A11505


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 26/03/2019


hearing_title: Canterbury R 23 March 2019 - R 2 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 2, Selwyn Rakaia Vet Services Three-Year-Old, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Mr D L Turner, alleging that Mr Turner, as the rider of DEVIOUS in the race, “allowed his mount to shift outwards forcing FIRE SHOW (C A Campbell) outwards on to HIGHLY UNLIKELY (K Chowdhoory) who was checked near the 100 metres”.

Mr Turner was present at the hearing of the information. He had indicated on the information form that he admitted the breach and he confirmed this at the hearing.

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 Oatham had Stipendiary Steward, Mr J W McLaughlin, show side-on, head-on and rear-on video replays of the final stages of the race. He pointed out DEVIOUS, ridden by Mr Turner, in the lead passing the 300 metres with FIRE SHOW, ridden by Mr Campbell, challenging on its outside. HIGHLY UNLIKELY, ridden by Mr Chowdhoory, was to the outside of and behind FIRE SHOW, but making ground. DEVIOUS commenced to drift wider on the track and continued to drift out. Mr Turner changed the whip to his left hand and continued to ride his mount out, forcing Mr Campbell wider and in restricted room, until Mr Chowdhoory had to check and go across the heels of FIRE SHOW. At no stage was Mr Turner clear of Mr Campbell to continue to shift out.

Mr Turner said that his mount had lugged out for most of the race. Changing the whip to his left hand was probably the wrong thing to do, he said, but he did not use the whip in his left hand. He had been endeavouring to pull on the left rein to straighten the horse but he admitted that he had not stopped riding his mount to stop it running out. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Oatham informed the Committee that Mr Turner had four previous breaches of the Rule on his record in the last 12 months – on 19 April 2018 at Woodville, 18 October 2018 at Woodville, 15 November 2018 at Awapuni and on 9 December 2018 at Waipukurau. All breaches were low-end, Mr Oatham said and each resulted in a suspension of 5 national riding days.

This breach is Mr Turner’s fifth in the past 12 months, Mr Oatham said, but he pointed out that three of the breaches were in “relatively quick succession” and Mr Turner has not offended since 9 December 2018. Mr Oatham submitted that Mr Turner’s record could be regarded as neutral. Prior to today, Mr Turner has had a total of 395 rides in the past 12-month period, so he is a reasonably busy rider who rides all over the country.

Mr Turner confirmed that he rides, in both the North and South Islands, at four meetings most weeks.

Mr Oatham said that Stewards placed the level of carelessness of this breach as low-to-mid. In mitigation, Mr Turner’s mount’s racing manners had not assisted him, the horse wanting to lug out quite badly in the straight and he had been in front for most of that time. Mr Turner had made an effort to straighten but had continued to ride forward at the same time, Mr Oatham said.

Mr Turner said he had been riding at four meetings a week lately, his last breach was in December and, therefore, his record is neutral as submitted by Mr Oatham. He was riding at Manawatu next Saturday, 30 March. His manager has arranged rides for him at that meeting.


reasonsforpenalty:

The Committee agreed with Mr Oatham’s assessment of the breach as being in the low-to-mid range and, accordingly, we have taken as a starting point 7 national riding days based on the Penalty Guide guidelines. We also agree with Mr Oatham that Mr Turner’s riding record can be regarded as a neutral factor. It is 3½ months since his last breach of the Rule and we are aware that Mr Turner is a quite busy national rider. He has had 395 rides in the last 12 months, prior to today, we were told. There were no aggravating factors.

There are two mitigating factors which the Committee has taken into account in fixing penalty. Firstly, the racing manners of the horse which was, clearly, giving Mr Turner a difficult ride over the last 200-300 metres. Secondly, Mr Turner’s very frank admission of the breach.

The Committee decided that a combination of those mitigating factors warranted a discount from the 7 national riding days suspension starting point. An appropriate discount was 2 days.


penalty:

The Committee granted Mr Turner’s application for a deferment, it being satisfied that he has riding engagements at the meeting of Manawatu RC on 30 March 2019.

Mr Turner’s Jockey’s Licence (Class A) is suspended for a period from after the conclusion of racing on 30 March 2019, up to and including 6 April 2019 – 5 national riding days.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J P Oatham, Chief Stipendiary Steward


JockeysandTrainer: D L Turner, Licensed Jockey (Class A)


Otherperson: Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: b993b19a8592ef453e62ab5e917b7da2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2ce4aa077a7a9c4dba18b73c9d4080cd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/03/2019


meet_title: Hororata RC - 23 March 2019


meet_expappcomment:


meet_km:


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tracklocation: hororata-rc


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: OJarvis


meet_pm2: none


name: Hororata RC