Archive Decision

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Kumara RC 12 January 2013 – R 4

ID: JCA13876

Applicant:
M Zarb - Stipendiary Steward

Respondent(s):
L Callaway - Licensed Jockey

Information Number:
A4918

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Kumara RC - 12 January 2013

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2013/01/12

Race Number:
R4

Decision:

As Mr Callaway had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

We therefore determined that Mr Callaway’s jockeys license be suspended from the conclusion of racing on 16 January 2013 until the conclusion of racing 26 January 2013 which encompasses the days racing at Gore on 19 January, Wellington 21 January, Gore 24 January and Christchurch on 26 January - 4 effective riding days.

Charge:

Alleged breach of Rule 638(1)(d) - Careless riding.

Facts:

Following the running of Race 4, the Harcourts F&M Maiden, an Information was filed by Stipendiary Steward, Mr M Zarb, against jockey, Mr L Callaway, the rider of “Quality Street”, alleging careless riding near the 1000m.

The charge reads as follows:

“I the above named Informant, allege that the above named Respondent, committed a breach of Rule 638(1)(d) in that approaching the 1000m he allowed his mount “Quality Street” to shift in when not clear bumping and checking “Katriffic”(KC Walters).”

Rule 638(1)(d) reads as follows:

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

Mr Callaway had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Callaway also agreed that he understood the charge and the Rule it was brought under.

Submissions for Decision:

Mr Zarb gave evidence and used video coverage to show that near the 1000m and shortly after the start, “Quality Street” ridden by Mr Callaway, had shifted in when not clear of “Katriffic” making contact and checking that horse. Mr Zarb submitted that Mr Callaway was only ½ to ¾ of a length ahead of “Katriffic” when the incident took place. Mr Zarb stated that Mr Callaway made no attempt to straighten his mount and was on an inward movement until he made contact with “Katriffic”. Only when contact was made did Mr Callaway take corrective measures to straighten his mount.

Mr Callaway stated that he had jumped out of the barrier on an angle and had given “Quality Street” a slap on the shoulder to wake the horse up. He stated he did not realise that he had shifted in as much as he had and once contact was made with “Katriffic” he had taken action to straighten his mount. Mr Callaway submitted that he had made an effort to straighten his mount but admitted that he had made not enough of an effort in this incident.

Submissions for Penalty:

Mr Zarb stated that Mr Callaway had an excellent penalty record prior to 30 December 2012 at Kurow where he received a 3 day suspension. Prior to that suspension Mr Callaway had not been in breach of this Rule since 12 January 2012. Mr Zarb submitted that Mr Callaway was a busy rider who rode in the Central Districts as well as the South Island District. He also submitted that in the Stewards opinion the breach was at the mid to higher end of the scale and that a suspension of at least four days should be considered.

Mr Callaway submitted that with his good record, apart from the recent suspension, should be taken into consideration and that a 2 day suspension be considered.

Reasons for Penalty:

In determining penalty the Committee took into consideration Mr Callaway’s excellent penalty record and his frank admission of the breach .The Committee also determined that the breach was at the mid to higher end of the scale of carelessness. After taking all factors into consideration and penalties given for similar breaches of this Rule, the Committee determined that a suspension of four riding days was appropriate on this occasion.

Mr Callaway had given submissions that a partial stay of penalty be granted until after the conclusion of racing on 16 January to enable him to  fulfil obligations for the Hokitika meeting on that date if a term of suspension was imposed.

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: 7b7256cfd59fbe68351b37b45b7288fc


informantnumber: A4918


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2012


hearing_title: Kumara RC 12 January 2013 - R 4


charge:

Alleged breach of Rule 638(1)(d) - Careless riding.


facts:

Following the running of Race 4, the Harcourts F&M Maiden, an Information was filed by Stipendiary Steward, Mr M Zarb, against jockey, Mr L Callaway, the rider of “Quality Street”, alleging careless riding near the 1000m.

The charge reads as follows:

“I the above named Informant, allege that the above named Respondent, committed a breach of Rule 638(1)(d) in that approaching the 1000m he allowed his mount “Quality Street” to shift in when not clear bumping and checking “Katriffic”(KC Walters).”

Rule 638(1)(d) reads as follows:

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

Mr Callaway had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Callaway also agreed that he understood the charge and the Rule it was brought under.


appealdecision:


isappeal:


submissionsfordecision:

Mr Zarb gave evidence and used video coverage to show that near the 1000m and shortly after the start, “Quality Street” ridden by Mr Callaway, had shifted in when not clear of “Katriffic” making contact and checking that horse. Mr Zarb submitted that Mr Callaway was only ½ to ¾ of a length ahead of “Katriffic” when the incident took place. Mr Zarb stated that Mr Callaway made no attempt to straighten his mount and was on an inward movement until he made contact with “Katriffic”. Only when contact was made did Mr Callaway take corrective measures to straighten his mount.

Mr Callaway stated that he had jumped out of the barrier on an angle and had given “Quality Street” a slap on the shoulder to wake the horse up. He stated he did not realise that he had shifted in as much as he had and once contact was made with “Katriffic” he had taken action to straighten his mount. Mr Callaway submitted that he had made an effort to straighten his mount but admitted that he had made not enough of an effort in this incident.


reasonsfordecision:


Decision:

As Mr Callaway had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Zarb stated that Mr Callaway had an excellent penalty record prior to 30 December 2012 at Kurow where he received a 3 day suspension. Prior to that suspension Mr Callaway had not been in breach of this Rule since 12 January 2012. Mr Zarb submitted that Mr Callaway was a busy rider who rode in the Central Districts as well as the South Island District. He also submitted that in the Stewards opinion the breach was at the mid to higher end of the scale and that a suspension of at least four days should be considered.

Mr Callaway submitted that with his good record, apart from the recent suspension, should be taken into consideration and that a 2 day suspension be considered.


reasonsforpenalty:

In determining penalty the Committee took into consideration Mr Callaway’s excellent penalty record and his frank admission of the breach .The Committee also determined that the breach was at the mid to higher end of the scale of carelessness. After taking all factors into consideration and penalties given for similar breaches of this Rule, the Committee determined that a suspension of four riding days was appropriate on this occasion.

Mr Callaway had given submissions that a partial stay of penalty be granted until after the conclusion of racing on 16 January to enable him to  fulfil obligations for the Hokitika meeting on that date if a term of suspension was imposed.


penalty:

We therefore determined that Mr Callaway’s jockeys license be suspended from the conclusion of racing on 16 January 2013 until the conclusion of racing 26 January 2013 which encompasses the days racing at Gore on 19 January, Wellington 21 January, Gore 24 January and Christchurch on 26 January - 4 effective riding days.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: M Zarb - Stipendiary Steward


JockeysandTrainer: L Callaway - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 2473a2876a6e9bedcef6acbf6024ed21


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: 066a3f761c0947ee9b16a46acdd7d058


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/01/2013


meet_title: Kumara RC - 12 January 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kumara-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Kumara RC