Archive Decision

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Canterbury R 4 May 2019 – R 1 – Chair, Mr S Ching

ID: JCA14068

Applicant:
J Oatham - Chief Stipendiary Steward

Respondent(s):
C Campbell-Licensed Class B Apprentice Rider

Other Person:
Mr D Walsh - NZTR Apprentice Jockey Mentor, Mr J McLauglin - Stipendiary Steward

Information Number:
A11452

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 4 May 2019

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/05/04

Race Number:
R1

Decision:

As Mr Campbell had admitted this breach of the Rules it was found to be proved.

Penalty:

Mr Campbell’s Class B Jockeys licence is suspended from the conclusion of racing Saturday 14 May up to and including 16 May 2019. Of note the meeting at Wellington on Sunday 5 May was not included in the period of suspension as the riders were already declared for the meeting.

Facts:

Following the running of Race 1, the Hygain/Mitavite Premier, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class B Rider, Mr C Campbell, in that he permitted his mount TONY TWO CHIPS, to shift outward passing the 250m causing RED ROSE WARRIOR, ridden by Mr T Moseley, to be checked.

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

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

(d) careless”

Mr Campbell had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Campbell also agreed that he understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Campbell at the hearing.

Mr Oatham, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that approaching the 250m TONY TWO CHIPS, ridden by Mr Campbell, was racing 3 wide on the track and looking to improve his position, with RED ROSE WARRIOR, ridden by Mr Moseley and UPSCALE, ridden by Mr D Turner on his outside. Mr McLaughlin stated that Mr Campbell was held up behind tiring runners and near the 250m there was still no run for him. He said that passing the 250m, Mr Campbell observed a partial gap to the outside of THE LUSTRE, ridden by Mr J Parkes, who he was trailing. He pointed out Mr Campbell, shift out and force his way through the partial gap and in doing so, taking the rightful running line of Mr Moseley, causing him to check.

Mr Campbell said he improved up behind two runners who were tiring, holding him up. He said he was getting on heels and he had no option but to come out. He said he had nowhere to go and no option but to push out to find room. In response Mr Oatham stated that the films were clear, and Mr Campbell has not made enough of an effort. He said Mr Campbell was not really in danger of getting on heels and leading up to the incident, let himself get close to the heels of THE LUSTRE. Mr Campbell submitted that Mr Moseley’s horse was tiring as well as Mr Turner's mount laying in on top of him, which did not help the situation.

Mr Walsh showed the turn for home camera replays and pointed out THE LUSTRE, who was shifting in and out in front of Mr Campbell. He said that had THE LUSTRE shifted in a ½ horse instead of out ½ a horse, which dictated Mr Campbell out further into the line of Mr Moseley the incident may not have happened.

Submissions for Penalty:

Mr Oatham stated that Mr Campbell’s record showed a low range breach of this rule on 15 June 2018 at South Canterbury, where he received a 6 National Day suspension and more recently a low range breach again at South Canterbury 3 April, where he received a 5-day suspension. Mr Oatham submitted that the breach was mid-range and that consideration be given to some mitigation, being Mr Turner's horse laying in on Mr Moseley and Mr Parkes' horse moving in and out as the incident occurred.

Mr Campbell elected to make no submissions on penalty.

Mr Walsh stated that Mr Campbell's record could be considered as sound. He said it was nearly 12 months since his offence in June 2018 with the latest last month, so it was close to him having only 1 breach in the previous 12 months. He added that so far this season Mr Campbell had ridden on 297 occasions, which with only 1 breach, he submitted was a good record.

The matter of deferment was discussed with Mr Campbell requesting that any suspension begin as soon as possible.

Reasons for Penalty:

The JCA starting point for a mid-level breach is an 8 National day suspension. We agreed with the Stewards that this was a mid-range breach and accordingly adopted the 8-day starting point. Mr Campbell's record showed 2 breaches of this rule in the previous 12 months being June 2018 and April 2019. We determined that with Mr Campbell’s first breach being nearly 12 months old and the number of rides so far this season being 297, combined with only 1 breach in that period, that his record was a neutral factor in this case. Therefore, there were no aggravating factors to warrant an uplift in penalty. We also took into consideration Mr Campbell’s frank admission of the breach to which we afforded him a discount. This discount we set at 1 day. We therefore determined that a 7 National day suspension was an appropriate penalty in this case.

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: 94074372555e6691351653882d7f7f1c


informantnumber: A11452


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 06/05/2019


hearing_title: Canterbury R 4 May 2019 - R 1 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 1, the Hygain/Mitavite Premier, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class B Rider, Mr C Campbell, in that he permitted his mount TONY TWO CHIPS, to shift outward passing the 250m causing RED ROSE WARRIOR, ridden by Mr T Moseley, to be checked.

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

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

(d) careless”

Mr Campbell had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Campbell also agreed that he understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Campbell at the hearing.

Mr Oatham, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that approaching the 250m TONY TWO CHIPS, ridden by Mr Campbell, was racing 3 wide on the track and looking to improve his position, with RED ROSE WARRIOR, ridden by Mr Moseley and UPSCALE, ridden by Mr D Turner on his outside. Mr McLaughlin stated that Mr Campbell was held up behind tiring runners and near the 250m there was still no run for him. He said that passing the 250m, Mr Campbell observed a partial gap to the outside of THE LUSTRE, ridden by Mr J Parkes, who he was trailing. He pointed out Mr Campbell, shift out and force his way through the partial gap and in doing so, taking the rightful running line of Mr Moseley, causing him to check.

Mr Campbell said he improved up behind two runners who were tiring, holding him up. He said he was getting on heels and he had no option but to come out. He said he had nowhere to go and no option but to push out to find room. In response Mr Oatham stated that the films were clear, and Mr Campbell has not made enough of an effort. He said Mr Campbell was not really in danger of getting on heels and leading up to the incident, let himself get close to the heels of THE LUSTRE. Mr Campbell submitted that Mr Moseley’s horse was tiring as well as Mr Turner's mount laying in on top of him, which did not help the situation.

Mr Walsh showed the turn for home camera replays and pointed out THE LUSTRE, who was shifting in and out in front of Mr Campbell. He said that had THE LUSTRE shifted in a ½ horse instead of out ½ a horse, which dictated Mr Campbell out further into the line of Mr Moseley the incident may not have happened.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Campbell had admitted this breach of the Rules it was found to be proved.


sumissionsforpenalty:

Mr Oatham stated that Mr Campbell’s record showed a low range breach of this rule on 15 June 2018 at South Canterbury, where he received a 6 National Day suspension and more recently a low range breach again at South Canterbury 3 April, where he received a 5-day suspension. Mr Oatham submitted that the breach was mid-range and that consideration be given to some mitigation, being Mr Turner's horse laying in on Mr Moseley and Mr Parkes' horse moving in and out as the incident occurred.

Mr Campbell elected to make no submissions on penalty.

Mr Walsh stated that Mr Campbell's record could be considered as sound. He said it was nearly 12 months since his offence in June 2018 with the latest last month, so it was close to him having only 1 breach in the previous 12 months. He added that so far this season Mr Campbell had ridden on 297 occasions, which with only 1 breach, he submitted was a good record.

The matter of deferment was discussed with Mr Campbell requesting that any suspension begin as soon as possible.


reasonsforpenalty:

The JCA starting point for a mid-level breach is an 8 National day suspension. We agreed with the Stewards that this was a mid-range breach and accordingly adopted the 8-day starting point. Mr Campbell's record showed 2 breaches of this rule in the previous 12 months being June 2018 and April 2019. We determined that with Mr Campbell’s first breach being nearly 12 months old and the number of rides so far this season being 297, combined with only 1 breach in that period, that his record was a neutral factor in this case. Therefore, there were no aggravating factors to warrant an uplift in penalty. We also took into consideration Mr Campbell’s frank admission of the breach to which we afforded him a discount. This discount we set at 1 day. We therefore determined that a 7 National day suspension was an appropriate penalty in this case.


penalty:

Mr Campbell’s Class B Jockeys licence is suspended from the conclusion of racing Saturday 14 May up to and including 16 May 2019. Of note the meeting at Wellington on Sunday 5 May was not included in the period of suspension as the riders were already declared for the meeting.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J Oatham - Chief Stipendiary Steward


JockeysandTrainer: C Campbell-Licensed Class B Apprentice Rider


Otherperson: Mr D Walsh - NZTR Apprentice Jockey Mentor, Mr J McLauglin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: b0f3ed62b371c6e03320f5bb2868822e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: aae432463560600ceb464668e868d342


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/05/2019


meet_title: Canterbury Racing - 4 May 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing