Archive Decision

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Timaru RC 3 April 2019 – R 7 – Chair, Mr S Ching

ID: JCA16283

Applicant:
M Davidson- Stipendiary Steward

Respondent(s):
S Toolooa-Class B Rider

Other Person:
K Hughes Licensed Trainer, Mr N McIntyre - Stipendiary Steward

Information Number:
A9081

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
South Canterbury RC - 3 April 2019

Meet Chair:
SChing

Meet Committee Member 1:
DAnderson

Race Date:
2019/04/03

Race Number:
R7

Decision:

As Mr Toolooa had admitted the breach, the charge was found proved.

Penalty:

Accordingly, Mr Toolooa’s Class B Jockeys licence is suspended from the conclusion of racing 6 April up to and including 13 April 2019.

Facts:

Following the running of Race 7, the Inglewood Stud Maiden 1600, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr S Toolooa alleging careless riding in that he permitted his mount, ELIZA LONG, to shift inward near the 1000m causing ROCKWITHME, ridden by Mr K Mudhoo to be checked and steadied.

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

(d) careless”

Mr Toolooa had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Toolooa also agreed that he understood the charge and the Rule it was brought under. Mr K Hughes, Licensed Trainer, assisted Mr Toolooa at the hearing.

Mr Davidson gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr N McIntyre, to show that nearing the 1000m, ELIZA LONG, ridden by Mr Toolooa, was racing approximately 3 off the rail and in the trail of KING OF THE DANCE, ridden by Miss J Fawcett, who was improving forward and shifting inwards to take up a one off position. He pointed out Mr Toolooa following Miss Fawcett across and in doing so was not sufficiently clear of ROCKWITHME, ridden by Mr Mudhoo, who had to check. Mr McIntyre stated that Mr Toolooa was only a bare length ahead of Mr Mudhoo when shifting into his racing line.

Mr Hughes stated that Mr Toolooa was unfortunate in that he was riding a horse with a bit of a reputation from the North Island. He said that Mr Toolooa was doing his best to hold the horse out as the horse was hanging in and trying to shift into the gap in front of it. He said that ELIZA LONG had dropped her rider in the birdcage at it’s last start and was a difficult horse to handle.

Mr Toolooa stated that ELIZA LONG was hanging in and he had tried to keep the horse out. Mr Davidson replied that Mr Toolooa did try and straighten his mount, but it was already too late, and the damage was done.

Submissions for Penalty:

Mr Davidson stated that Mr Toolooa had an excellent penalty record and that the breach was low level. He said that the JCA Penalty Guide provides a starting point for a low range breach of a 6 National day suspension and submitted that mitigating factors to consider would be Mr Toolooa’s excellent record and his admission of the breach.

Mr Toolooa and Mr Hughes elected to make no submissions in regard to penalty but requested that any suspension be deferred until after racing at Riccarton on Saturday 6 April.

Reasons for Penalty:

This Committee agreed with the Stewards that this breach was low level and accordingly adopted the 6 National day starting point. There were no aggravating factors to consider, therefore no uplift in penalty warranted. There were however mitigating factors to consider, being Mr Toolooa’s excellent record and his admission of the breach for which we afforded him a combined discount. This discount we set at 1 day. We therefore determined that a 5 National day suspension was an appropriate penalty in this case.

Mr Toolooa’s application for a deferment until after racing at Riccarton on Saturday 6 April is granted.

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: d48f5f3de6abd8bcdde46e4d3f16f027


informantnumber: A9081


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 08/04/2019


hearing_title: Timaru RC 3 April 2019 - R 7 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 7, the Inglewood Stud Maiden 1600, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr S Toolooa alleging careless riding in that he permitted his mount, ELIZA LONG, to shift inward near the 1000m causing ROCKWITHME, ridden by Mr K Mudhoo to be checked and steadied.

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

(d) careless”

Mr Toolooa had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Toolooa also agreed that he understood the charge and the Rule it was brought under. Mr K Hughes, Licensed Trainer, assisted Mr Toolooa at the hearing.

Mr Davidson gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr N McIntyre, to show that nearing the 1000m, ELIZA LONG, ridden by Mr Toolooa, was racing approximately 3 off the rail and in the trail of KING OF THE DANCE, ridden by Miss J Fawcett, who was improving forward and shifting inwards to take up a one off position. He pointed out Mr Toolooa following Miss Fawcett across and in doing so was not sufficiently clear of ROCKWITHME, ridden by Mr Mudhoo, who had to check. Mr McIntyre stated that Mr Toolooa was only a bare length ahead of Mr Mudhoo when shifting into his racing line.

Mr Hughes stated that Mr Toolooa was unfortunate in that he was riding a horse with a bit of a reputation from the North Island. He said that Mr Toolooa was doing his best to hold the horse out as the horse was hanging in and trying to shift into the gap in front of it. He said that ELIZA LONG had dropped her rider in the birdcage at it’s last start and was a difficult horse to handle.

Mr Toolooa stated that ELIZA LONG was hanging in and he had tried to keep the horse out. Mr Davidson replied that Mr Toolooa did try and straighten his mount, but it was already too late, and the damage was done.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Toolooa had admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Davidson stated that Mr Toolooa had an excellent penalty record and that the breach was low level. He said that the JCA Penalty Guide provides a starting point for a low range breach of a 6 National day suspension and submitted that mitigating factors to consider would be Mr Toolooa’s excellent record and his admission of the breach.

Mr Toolooa and Mr Hughes elected to make no submissions in regard to penalty but requested that any suspension be deferred until after racing at Riccarton on Saturday 6 April.


reasonsforpenalty:

This Committee agreed with the Stewards that this breach was low level and accordingly adopted the 6 National day starting point. There were no aggravating factors to consider, therefore no uplift in penalty warranted. There were however mitigating factors to consider, being Mr Toolooa’s excellent record and his admission of the breach for which we afforded him a combined discount. This discount we set at 1 day. We therefore determined that a 5 National day suspension was an appropriate penalty in this case.

Mr Toolooa’s application for a deferment until after racing at Riccarton on Saturday 6 April is granted.


penalty:

Accordingly, Mr Toolooa’s Class B Jockeys licence is suspended from the conclusion of racing 6 April up to and including 13 April 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: M Davidson- Stipendiary Steward


JockeysandTrainer: S Toolooa-Class B Rider


Otherperson: K Hughes Licensed Trainer, Mr N McIntyre - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 4accd8f652754f68c6bc761ee596500f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 63dc9d438476e7fd1df98aa4e49e1671


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/04/2019


meet_title: South Canterbury RC - 3 April 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: south-canterbury-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: DAnderson


meet_pm2: none


name: South Canterbury RC