Banks Peninsula RC 4 November 2018 – R 2 – Chair, Mr R McKenzie
ID: JCA15045
Code:
Thoroughbred
Meet Title:
Banks Peninsula RC - 4 November 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2018/11/04
Race Number:
R2
Decision:
Mr Lowry having admitted the breach, the charge was found proved.
Penalty:
Mr Lowry has confirmed rides at the Otago RC meeting on 6 November next. His Jockey’s Licence (Class A) is suspended for the period commencing from after the conclusion of racing on Tuesday, 6 November 2018, up to and including Tuesday, 13 November 2018 – 5 national riding days.
Facts:
Following the running of Race 2, Grant Thornton Three-Year-Old Maiden, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr J R Lowry, alleging a breach of Rule 638(1)(d) in that Mr Lowry, as the rider of AIR MAX, “permitted his mount to shift inwards after striking his mount passing the 150 metres dictating MONTREUX MISS (T R Moseley) inwards causing STRATTON (R Mudhoo) to be heavily restrained”.
Mr Lowry had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he understood the Rule and the charge and that he admitted the charge.
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 McLaughlin had Stipendiary Steward, Mr D M Wadley, show video replays of the incident with approximately 150 metres to run. He pointed out the three runners involved. Mr Lowry’s mount was finishing on in 4th or 5th position with MONTREUX MISS to his inside and STRATTON to the inside of that runner.
Mr Lowry’s mount then shifted in under the whip and made contact with MONTREUX MISS when not clear of that runner, forcing it inwards on to STRATTON, which had to be firmly restrained.
Mr Lowry said that he was riding a very green horse which was having only its second start. He had been riding in a competitive finish, attempting to do the best for the connections of the horse, he said. He felt his horse move and he had straightened it, but his reaction time had been too slow. Mr McLaughlin agreed that Mr Lowry had been just a stride too late in straightening his mount.
Submissions for Penalty:
Mr McLaughlin told the Committee that Mr Lowry’s record shows three suspensions in the past 12 months – 25 January at Otago (6 days), 31 March at Riverton (7 days) and at Riccarton on 8 August (6 days).
Stewards saw the offending as being low-end, Mr McLaughlin said. Mr Lowry had simply been too slow to react on this occasion. Mr Lowry should be given credit for his admission of the breach. His record was neutral, Mr McLaughlin submitted. He said that Mr Lowry is a very busy rider.
Mr Lowry was asked concerning a deferment. He said that he had declared rides for Otago RC on 6 November and asked that any suspension commence immediately after that meeting. He asked the Committee to take into account that he will be missing a Premier meeting at Riccarton on 10 November, and 14 November is another Premier day.
Reasons for Penalty:
The Committee accepts Mr McLaughlin’s submission that this breach is at the low end of a scale of carelessness. The recommended Penalty Guide starting point for a low-end breach is a 6 national riding days suspension. We have taken that as the appropriate starting point for penalty in this case.
From that 6 days starting point, we are able to give Mr Lowry a discount of 1 day for his admission of the breach. His record we regard as a neutral factor – one suspension in the last 7 months for a rider who rides as often and as regularly as does Mr Lowry, we considered, is not a bad record.
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: 9e266f655e9c7da3b9430624c95bdf01
informantnumber: A5737
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 06/11/2018
hearing_title: Banks Peninsula RC 4 November 2018 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Grant Thornton Three-Year-Old Maiden, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr J R Lowry, alleging a breach of Rule 638(1)(d) in that Mr Lowry, as the rider of AIR MAX, “permitted his mount to shift inwards after striking his mount passing the 150 metres dictating MONTREUX MISS (T R Moseley) inwards causing STRATTON (R Mudhoo) to be heavily restrained”.
Mr Lowry had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he understood the Rule and the charge and that he admitted the charge.
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 McLaughlin had Stipendiary Steward, Mr D M Wadley, show video replays of the incident with approximately 150 metres to run. He pointed out the three runners involved. Mr Lowry’s mount was finishing on in 4th or 5th position with MONTREUX MISS to his inside and STRATTON to the inside of that runner.
Mr Lowry’s mount then shifted in under the whip and made contact with MONTREUX MISS when not clear of that runner, forcing it inwards on to STRATTON, which had to be firmly restrained.
Mr Lowry said that he was riding a very green horse which was having only its second start. He had been riding in a competitive finish, attempting to do the best for the connections of the horse, he said. He felt his horse move and he had straightened it, but his reaction time had been too slow. Mr McLaughlin agreed that Mr Lowry had been just a stride too late in straightening his mount.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Lowry having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin told the Committee that Mr Lowry’s record shows three suspensions in the past 12 months – 25 January at Otago (6 days), 31 March at Riverton (7 days) and at Riccarton on 8 August (6 days).
Stewards saw the offending as being low-end, Mr McLaughlin said. Mr Lowry had simply been too slow to react on this occasion. Mr Lowry should be given credit for his admission of the breach. His record was neutral, Mr McLaughlin submitted. He said that Mr Lowry is a very busy rider.
Mr Lowry was asked concerning a deferment. He said that he had declared rides for Otago RC on 6 November and asked that any suspension commence immediately after that meeting. He asked the Committee to take into account that he will be missing a Premier meeting at Riccarton on 10 November, and 14 November is another Premier day.
reasonsforpenalty:
The Committee accepts Mr McLaughlin’s submission that this breach is at the low end of a scale of carelessness. The recommended Penalty Guide starting point for a low-end breach is a 6 national riding days suspension. We have taken that as the appropriate starting point for penalty in this case.
From that 6 days starting point, we are able to give Mr Lowry a discount of 1 day for his admission of the breach. His record we regard as a neutral factor – one suspension in the last 7 months for a rider who rides as often and as regularly as does Mr Lowry, we considered, is not a bad record.
penalty:
Mr Lowry has confirmed rides at the Otago RC meeting on 6 November next. His Jockey’s Licence (Class A) is suspended for the period commencing from after the conclusion of racing on Tuesday, 6 November 2018, up to and including Tuesday, 13 November 2018 – 5 national riding days.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J M McLaughlin, Stipendiary Steward
JockeysandTrainer: J R Lowry, Licensed Jockey (Class A)
Otherperson: Mr D M Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b88aca00518e04a68c5890ada0f2109c
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: 2e56439a6735b40f5d75ea667e1ab7bb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/11/2018
meet_title: Banks Peninsula RC - 4 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-rc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Banks Peninsula RC