Archive Decision

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Ashburton RC 18 September 2020 – R 9 – Chair, Mr S Ching

ID: JCA16301

Applicant:
Mr M Davidson – Stipendiary Steward

Respondent(s):
Mr G Jogoo - Class A Rider

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A12834

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Ashburton RC - 18 September 2020

Meet Chair:
SChing

Race Date:
2020/09/18

Race Number:
R9

Decision:

As Mr Jogoo had admitted that breach the charge was found proved.

Penalty:

Accordingly, Mr Jogoo’s Class B Jockey licence is suspended from the conclusion of racing Friday, 25 September up to and including Wednesday, 7 October 2020.

Facts:

Following the running of Race 9, the Richie McCrea Painting and Decorating 2200, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr G Jogoo, in that he directed his mount HOT TAP outwards near the 350m when not sufficiently clear of PAMIR, which was checked, then making contact with RELIABLY PERKY.

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 Jogoo had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. He also agreed that he understood the charge and the provisions of the Rule it was brought under.

Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr Oatham, gave evidence and used video coverage to show that approaching the 350m, HOT TAP, ridden by Mr Jogoo, was racing 4 off the rail with PAMIR, ridden by Mr K Kwo racing 5 off the rail and improving. He also pointed out that racing to the outside and slightly ahead of Mr Jogoo was RELIABLY PERKY, ridden by Mr K Asano.

Mr Oatham pointed out Mr Jogoo, who directed his mount outwards abruptly when only ¾ to a length ahead of Mr Kwo and as a result PAMIR was checked. He also pointed out Mr Jogoo continue on in an outward movement and made contact with RELIABLY PERKY.

Mr Jogoo elected to make no submissions on the incident.

Submissions for Penalty:

Mr Davidson stated that Mr Jogoo’s record was clear in regard to the Rule. He stated that this breach was in the mid to high range and submitted that a suspension in the range of 5 to 6 National days be considered as penalty.
Mr Jogoo elected to make no submissions on penalty apart from requesting a deferment until after racing on Friday 25 September as he had commitments at the Invercargill meeting.

Reasons for Penalty:

The JCA Penalty Guide provides an 8-day starting point for a mid-range breach of this Rule. We also assessed this breach as mid to high and therefore adopted a 9 National Day starting point. Mitigating factors are Mr Jogoo’s good record, his admission of the breach and the current Covid situation. There were no aggravating factors to consider, therefore no uplift in penalty warranted. We were able to afford Mr Jogoo a combined discount for the above mitigating factors, that discount we set at 3 days. We therefore determined that a 6 National day suspension was appropriate.

Mr Jogoo’s application for a deferment for 7 days until 25 September 2020 was 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: d6584ab168689aad4d3385e96c6cb92b


informantnumber: A12834


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 21/09/2020


hearing_title: Ashburton RC 18 September 2020 - R 9 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 9, the Richie McCrea Painting and Decorating 2200, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr G Jogoo, in that he directed his mount HOT TAP outwards near the 350m when not sufficiently clear of PAMIR, which was checked, then making contact with RELIABLY PERKY.

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 Jogoo had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. He also agreed that he understood the charge and the provisions of the Rule it was brought under.

Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr Oatham, gave evidence and used video coverage to show that approaching the 350m, HOT TAP, ridden by Mr Jogoo, was racing 4 off the rail with PAMIR, ridden by Mr K Kwo racing 5 off the rail and improving. He also pointed out that racing to the outside and slightly ahead of Mr Jogoo was RELIABLY PERKY, ridden by Mr K Asano.

Mr Oatham pointed out Mr Jogoo, who directed his mount outwards abruptly when only ¾ to a length ahead of Mr Kwo and as a result PAMIR was checked. He also pointed out Mr Jogoo continue on in an outward movement and made contact with RELIABLY PERKY.

Mr Jogoo elected to make no submissions on the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Jogoo had admitted that breach the charge was found proved.


sumissionsforpenalty:

Mr Davidson stated that Mr Jogoo’s record was clear in regard to the Rule. He stated that this breach was in the mid to high range and submitted that a suspension in the range of 5 to 6 National days be considered as penalty.
Mr Jogoo elected to make no submissions on penalty apart from requesting a deferment until after racing on Friday 25 September as he had commitments at the Invercargill meeting.


reasonsforpenalty:

The JCA Penalty Guide provides an 8-day starting point for a mid-range breach of this Rule. We also assessed this breach as mid to high and therefore adopted a 9 National Day starting point. Mitigating factors are Mr Jogoo’s good record, his admission of the breach and the current Covid situation. There were no aggravating factors to consider, therefore no uplift in penalty warranted. We were able to afford Mr Jogoo a combined discount for the above mitigating factors, that discount we set at 3 days. We therefore determined that a 6 National day suspension was appropriate.

Mr Jogoo’s application for a deferment for 7 days until 25 September 2020 was granted.


penalty:

Accordingly, Mr Jogoo’s Class B Jockey licence is suspended from the conclusion of racing Friday, 25 September up to and including Wednesday, 7 October 2020.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson – Stipendiary Steward


JockeysandTrainer: Mr G Jogoo - Class A Rider


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3e92ea9c246eb15ac67a4a8c906e80c4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c887ee109b7777cc05180924b6d1418a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/09/2020


meet_title: Ashburton RC - 18 September 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: none


meet_pm2: none


name: Ashburton RC