Canterbury R 2 December 2016 – R 1 (request for ruling) – Chair, Mr S Ching
ID: JCA14789
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 2 December 2016
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2016/12/02
Race Number:
R 1
Decision:
After taking all factors into consideration, the Committee determines that the riding engagement made by Mr Carston for HEE’S OUR SECRET holds precedence in this case.
Facts:
Prior to the running of Race 1, the Rangiora New World Maiden, an Information for a Request for a Ruling was filed by Class A Trainer, Mr A Carston, to determine whether Mr Carston, trainer of HEE’S OUR SECRET, had an engagement for Mr Johnson to ride his runner.
Rule 330(2) reads as follows:
(2) Any dispute with reference to the engagement or engagements of a Rider to ride at a particular Race Meeting or Race Meetings shall be determined by a Judicial Committee at the request of a Stipendiary Steward or any of the parties to the dispute.
Submissions for Decision:
Mr Carston gave evidence that following the horses trial at Rangiora on 22 November where HEE’S OUR SECRET, ridden by Mr Johnson, had won its heat, Mr Johnson said to Mr Carston that he would like to ride the horse when it started next, which was Riccarton on 2 December. Mr Carston called Miss Middlewood that afternoon to confirm the ride, with Miss Middlewood stating that she would put the ride in her book. Mr Carston said he then called again at 5.30pm on Monday 28 to check and received confirmed engagements for both HEE’S OUR SECRET and PRETTY GOOD EXCUSE for Riccarton on 2 December. He said that on Nomination day, Miss Middlewood called him about 1pm to say that they had an issue as Mrs Parsons had put PIPPI REA in the same race as HEE’S OUR SECRET, without informing her. Mr Carston said he declared Mr Johnson for HEE’S OUR SECRET in the morning on declaration of riders’ day, Wednesday 30 November.
Mr McLaughlin was able to provide a timeline of that day confirmed by the Racing Bureau, which showed that Mr Carston declared Mr Johnson, via the member’s service centre at 9.38am.
The Racing Bureau advised Mr McLaughlin that at 1.10pm that day Mr Johnson was removed from HEE’S OUR SECRET by Miss Middlewood.
Mrs Parsons advised the Racing Bureau at 4.05pm to declare Mr Johnson on PIPPI REA.
Mr Carson said he received a text from Miss Middlewood at 3.17pm on Thursday 1 December that Mr Johnson was unable to ride HEE’S OUR SECRET.
Miss Middlewood confirmed that Mr Carston called her on the day of the trials in regard to the ride on HEE’S OUR SECRET. She said Mr Johnson had told Mr Carston that there should not be a clash with any of Parson’s horses and that if there was, one of the Parson’s Apprentices could take the ride. She said that right up until Monday 28 November it was all good with the ride for Mr Carston. Miss Middlewood confirmed the call with Mr Carston at 5.30pm on that day and although she had not spoken to the Parsons could not see a problem with the ride. She checked with Mrs Parsons that evening about the races on 2 December, as she needed to get back to other trainers. Miss Middlewood asked Mrs Parsons to get back to her in regard to rides for their team on the Friday but Mrs Parsons failed to do so. The next day Mr Johnson, Miss Middlewood and their children drove to the West Coast to visit an unwell relative. They broke down at Springfield and had to come back to Christchurch with the nominations for Friday being the last thing she was thinking of. When she finally looked at the nominations she realised there was an issue, as PIPPI REA had been nominated in the same race as HEE’S OUR SECRET. Miss Middlewood explained that Mr Johnson had done a lot of work on this horse and with the horse being owned by Mr Hickman, he wanted to continue his association with PIPPI REA and that they had an understanding that if PIPPI REA was entered, Chris would be prepared to ride her. She said that she was never told the horse was going to Riccarton and if she had been told the horse was being nominated prior to nomination day she could have sorted it all out. She said she tried assist and get a suitable replacement rider for Mr Carston but was unsuccessful. Miss Middlewood, conceded after a question from the Committee, that Mr Carston would have taken from the conversations held between her and Mr Carston, that an engagement with Mr Johnson was place with HEE’S OUR SECRET. She reiterated that she had stated that she still had not spoken to the Parsons early nomination day but had also said that there should be no problem with the ride.
Reasons for Decision:
In making a determination the Committee is charged with making a finding in regard to which engagement holds precedence, as opposed to ordering that a rider shall ride a particular horse.
The Committee in this case finds that Mr Johnson had asked Mr Carston at the trials on 22 November after the horse had won, if he could ride the horse when it next started. Mr Carston replied to Mr Johnson at that time that the horse was starting at Riccarton on 2 December. Mr Carston followed up by calling Miss Middlewood that afternoon and was told that there was no reason she could think of that Mr Johnson could not ride HEE’S OUR SECRET at Riccarton on 2 December. Mr Carston followed up on the Monday night and received confirmed engagements from Miss Middlewood for both HEE’S OUR SECRET and PRETTY GOOD EXCUSE. Miss Middlewood then called Mr Carston at 1pm on Nomination day to say they had a problem as Mrs Parsons had nominated PIPPI REA for the same race. Mrs Parson believed she had an engagement for Mr Johnson as she called the Racing Bureau and declared Mr Johnson for PIPPI REA.
The Committee determined that the engagement for HEE’S OUR SECRET was effected after Mr Carston spoke to Miss Middlewood at 5.30pm on Monday 28 November. We considered that at that time Miss Middlewood had no reason to think Mrs Parsons was going to nominate PIPPI REA and determined that she would have accepted the ride at that time. It was only when Mrs Parsons nominated PIIPI REA that she knew she had a problem after accepting the ride on HEE’S OUR SECRET.
The Committee were therefore satisfied that the engagement for HEE’S OUR SECRET clearly held precedence over the engagement for PIPPI REA.
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: 7c8774be4945be8a6d4bbf30a9d1a56c
informantnumber: A8101
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 06/12/2016
hearing_title: Canterbury R 2 December 2016 - R 1 (request for ruling) - Chair, Mr S Ching
charge:
facts:
Prior to the running of Race 1, the Rangiora New World Maiden, an Information for a Request for a Ruling was filed by Class A Trainer, Mr A Carston, to determine whether Mr Carston, trainer of HEE’S OUR SECRET, had an engagement for Mr Johnson to ride his runner.
Rule 330(2) reads as follows:
(2) Any dispute with reference to the engagement or engagements of a Rider to ride at a particular Race Meeting or Race Meetings shall be determined by a Judicial Committee at the request of a Stipendiary Steward or any of the parties to the dispute.
appealdecision:
isappeal:
submissionsfordecision:
Mr Carston gave evidence that following the horses trial at Rangiora on 22 November where HEE’S OUR SECRET, ridden by Mr Johnson, had won its heat, Mr Johnson said to Mr Carston that he would like to ride the horse when it started next, which was Riccarton on 2 December. Mr Carston called Miss Middlewood that afternoon to confirm the ride, with Miss Middlewood stating that she would put the ride in her book. Mr Carston said he then called again at 5.30pm on Monday 28 to check and received confirmed engagements for both HEE’S OUR SECRET and PRETTY GOOD EXCUSE for Riccarton on 2 December. He said that on Nomination day, Miss Middlewood called him about 1pm to say that they had an issue as Mrs Parsons had put PIPPI REA in the same race as HEE’S OUR SECRET, without informing her. Mr Carston said he declared Mr Johnson for HEE’S OUR SECRET in the morning on declaration of riders’ day, Wednesday 30 November.
Mr McLaughlin was able to provide a timeline of that day confirmed by the Racing Bureau, which showed that Mr Carston declared Mr Johnson, via the member’s service centre at 9.38am.
The Racing Bureau advised Mr McLaughlin that at 1.10pm that day Mr Johnson was removed from HEE’S OUR SECRET by Miss Middlewood.
Mrs Parsons advised the Racing Bureau at 4.05pm to declare Mr Johnson on PIPPI REA.
Mr Carson said he received a text from Miss Middlewood at 3.17pm on Thursday 1 December that Mr Johnson was unable to ride HEE’S OUR SECRET.
Miss Middlewood confirmed that Mr Carston called her on the day of the trials in regard to the ride on HEE’S OUR SECRET. She said Mr Johnson had told Mr Carston that there should not be a clash with any of Parson’s horses and that if there was, one of the Parson’s Apprentices could take the ride. She said that right up until Monday 28 November it was all good with the ride for Mr Carston. Miss Middlewood confirmed the call with Mr Carston at 5.30pm on that day and although she had not spoken to the Parsons could not see a problem with the ride. She checked with Mrs Parsons that evening about the races on 2 December, as she needed to get back to other trainers. Miss Middlewood asked Mrs Parsons to get back to her in regard to rides for their team on the Friday but Mrs Parsons failed to do so. The next day Mr Johnson, Miss Middlewood and their children drove to the West Coast to visit an unwell relative. They broke down at Springfield and had to come back to Christchurch with the nominations for Friday being the last thing she was thinking of. When she finally looked at the nominations she realised there was an issue, as PIPPI REA had been nominated in the same race as HEE’S OUR SECRET. Miss Middlewood explained that Mr Johnson had done a lot of work on this horse and with the horse being owned by Mr Hickman, he wanted to continue his association with PIPPI REA and that they had an understanding that if PIPPI REA was entered, Chris would be prepared to ride her. She said that she was never told the horse was going to Riccarton and if she had been told the horse was being nominated prior to nomination day she could have sorted it all out. She said she tried assist and get a suitable replacement rider for Mr Carston but was unsuccessful. Miss Middlewood, conceded after a question from the Committee, that Mr Carston would have taken from the conversations held between her and Mr Carston, that an engagement with Mr Johnson was place with HEE’S OUR SECRET. She reiterated that she had stated that she still had not spoken to the Parsons early nomination day but had also said that there should be no problem with the ride.
reasonsfordecision:
In making a determination the Committee is charged with making a finding in regard to which engagement holds precedence, as opposed to ordering that a rider shall ride a particular horse.
The Committee in this case finds that Mr Johnson had asked Mr Carston at the trials on 22 November after the horse had won, if he could ride the horse when it next started. Mr Carston replied to Mr Johnson at that time that the horse was starting at Riccarton on 2 December. Mr Carston followed up by calling Miss Middlewood that afternoon and was told that there was no reason she could think of that Mr Johnson could not ride HEE’S OUR SECRET at Riccarton on 2 December. Mr Carston followed up on the Monday night and received confirmed engagements from Miss Middlewood for both HEE’S OUR SECRET and PRETTY GOOD EXCUSE. Miss Middlewood then called Mr Carston at 1pm on Nomination day to say they had a problem as Mrs Parsons had nominated PIPPI REA for the same race. Mrs Parson believed she had an engagement for Mr Johnson as she called the Racing Bureau and declared Mr Johnson for PIPPI REA.
The Committee determined that the engagement for HEE’S OUR SECRET was effected after Mr Carston spoke to Miss Middlewood at 5.30pm on Monday 28 November. We considered that at that time Miss Middlewood had no reason to think Mrs Parsons was going to nominate PIPPI REA and determined that she would have accepted the ride at that time. It was only when Mrs Parsons nominated PIIPI REA that she knew she had a problem after accepting the ride on HEE’S OUR SECRET.
The Committee were therefore satisfied that the engagement for HEE’S OUR SECRET clearly held precedence over the engagement for PIPPI REA.
Decision:
After taking all factors into consideration, the Committee determines that the riding engagement made by Mr Carston for HEE’S OUR SECRET holds precedence in this case.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 330(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr A Carston - Class A Trainer, Miss M Middlewood - representing Mr C Johnson
Respondent:
StipendSteward: Mr J McLaughlin - Stipendiary Steward
raceid: 411f2b9ab4c4cd66f1d8dae38c15fe4f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 267be3c10e408eadfcc5b100490394aa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/12/2016
meet_title: Canterbury Racing - 2 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury Racing