Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Beaumont RC 20 March 2017 – R 1 – Chair, Prof G Hall

ID: JCA17567

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr C Johnson - Licensed Jockey (Class A)

Other Person:
Mr J M McLaughlin - Stipendiary Steward

Information Number:
A7795

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(3)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Beaumont RC - 20 March 2017

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2017/03/20

Race Number:
R 1

Decision:

As Mr Johnson has admitted the breach, we find the breach proved.

Penalty:

We suspend Mr Johnson from riding from the end of racing on 26 March up to and including 7 April. This is 4 riding days: Wanganui 30 March; Invercargill / Palmerston North 1 April; Timaru 6 April; and Palmerston North 7 April.

Facts:

Mr Davidson, Stipendiary Steward, alleged that Mr Johnson permitted his mount PIPPI REA to shift inwards near the 900 metres of race 1, the EDINBURGH REALTY MAIDEN, when not clear of MADAME LIBRE (Ms Wynne) which was firmly restrained, resulting in GORGEOUS GEORGE (Mr Yatim) clipping a heel and blundering.

Mr McLaughlin demonstrated on the videos that the respondent, having drawn wide, was coming across the field towards the rail, and in so doing, he came into the running line of Ms Wynne. She had to firmly restrain her horse and she came back on to Mr Yatim, who clipped her heels. He demonstrated on the video that the respondent was not his length and another clear of Ms Wynne when he crossed.

Mr Johnson stated he thought at the time he was clear of the field but acknowledged now that he was not. He accepted he had “shaved her [Ms Wynne] a bit.” He said his horse had eased when it got to the fence.

Mr Johnson believed Mr Yatim had contributed to the incident by trailing too close behind Ms Wynne. He demonstrated on the videos that it was a few strides after he crossed before Mr Yatim clipped heels.
 

Submissions for Penalty:

Mr Davidson produced the respondent’s record, which evidenced 2 breaches under this rule this past year, the last being on 5 November 2016, a Premier day, when he was suspended for 5 days. The previous suspension was on 30 April at Hawke’s Bay when the penalty was 4 days’ suspension.

Mr Davidson acknowledged that Mr Yatim was following Ms Wynne very closely and this had contributed to the incident, as Mr Yatim was slow to react to what was occurring in front of him. He said the breach looked worse than it actually was. Mr Davidson stated the Stewards believed the breach to be low to mid-range. He submitted a four-day suspension was appropriate.

Mr Johnson did not disagree with Mr Davidson’s assessment of the gravity of the breach or his submission as to penalty.

Both parties agreed that Mr Johnson was a Central districts and South Island rider.

Reasons for Penalty:

We take a 5-day starting point. The breach is at the lower end of mid-range, as the Stewards acknowledge. The clipping of heels is a stride after Mr Johnson has reached the rail but it was his coming across the field that caused Ms Wynne to have to restrain her mount and ultimately for Mr Yatim to clip her heels. As Mr Davidson stated, it was not a severe restraint of her mount, but it was firm. We make no alteration to the starting point in recognition of the nature of the breach.

Mr Johnson's record is reasonable when regard is had to the number of rides he regularly has on raceday. We note the 2 previous careless riding breaches and the fact there was a breach of the improper riding rule. The circumstances of the last matter were quite different to this and we see no need to factor that into this penalty.

A mitigating factor is that Mr Johnson has admitted the breach and has been forthright in his analysis of his ride and in his acknowledgement of fault to both the Stewards and this Committee. As he said, he thought at the time he was clear. On viewing the videos, it is equally clear he was not. We give a one day discount for this factor and thus reach a penalty of 4 days’ suspension.

Mr Johnson has riding engagements at Tauherenikau on Sunday and has sought a deferment of his suspension until after that meeting. The Stewards accept that this is appropriate.

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: f32234769e7df7ffc8e7d0e9b7d7e8e2


informantnumber: A7795


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 22/03/2017


hearing_title: Beaumont RC 20 March 2017 - R 1 - Chair, Prof G Hall


charge:


facts:

Mr Davidson, Stipendiary Steward, alleged that Mr Johnson permitted his mount PIPPI REA to shift inwards near the 900 metres of race 1, the EDINBURGH REALTY MAIDEN, when not clear of MADAME LIBRE (Ms Wynne) which was firmly restrained, resulting in GORGEOUS GEORGE (Mr Yatim) clipping a heel and blundering.

Mr McLaughlin demonstrated on the videos that the respondent, having drawn wide, was coming across the field towards the rail, and in so doing, he came into the running line of Ms Wynne. She had to firmly restrain her horse and she came back on to Mr Yatim, who clipped her heels. He demonstrated on the video that the respondent was not his length and another clear of Ms Wynne when he crossed.

Mr Johnson stated he thought at the time he was clear of the field but acknowledged now that he was not. He accepted he had “shaved her [Ms Wynne] a bit.” He said his horse had eased when it got to the fence.

Mr Johnson believed Mr Yatim had contributed to the incident by trailing too close behind Ms Wynne. He demonstrated on the videos that it was a few strides after he crossed before Mr Yatim clipped heels.
 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Johnson has admitted the breach, we find the breach proved.


sumissionsforpenalty:

Mr Davidson produced the respondent’s record, which evidenced 2 breaches under this rule this past year, the last being on 5 November 2016, a Premier day, when he was suspended for 5 days. The previous suspension was on 30 April at Hawke’s Bay when the penalty was 4 days’ suspension.

Mr Davidson acknowledged that Mr Yatim was following Ms Wynne very closely and this had contributed to the incident, as Mr Yatim was slow to react to what was occurring in front of him. He said the breach looked worse than it actually was. Mr Davidson stated the Stewards believed the breach to be low to mid-range. He submitted a four-day suspension was appropriate.

Mr Johnson did not disagree with Mr Davidson’s assessment of the gravity of the breach or his submission as to penalty.

Both parties agreed that Mr Johnson was a Central districts and South Island rider.


reasonsforpenalty:

We take a 5-day starting point. The breach is at the lower end of mid-range, as the Stewards acknowledge. The clipping of heels is a stride after Mr Johnson has reached the rail but it was his coming across the field that caused Ms Wynne to have to restrain her mount and ultimately for Mr Yatim to clip her heels. As Mr Davidson stated, it was not a severe restraint of her mount, but it was firm. We make no alteration to the starting point in recognition of the nature of the breach.

Mr Johnson's record is reasonable when regard is had to the number of rides he regularly has on raceday. We note the 2 previous careless riding breaches and the fact there was a breach of the improper riding rule. The circumstances of the last matter were quite different to this and we see no need to factor that into this penalty.

A mitigating factor is that Mr Johnson has admitted the breach and has been forthright in his analysis of his ride and in his acknowledgement of fault to both the Stewards and this Committee. As he said, he thought at the time he was clear. On viewing the videos, it is equally clear he was not. We give a one day discount for this factor and thus reach a penalty of 4 days’ suspension.

Mr Johnson has riding engagements at Tauherenikau on Sunday and has sought a deferment of his suspension until after that meeting. The Stewards accept that this is appropriate.


penalty:

We suspend Mr Johnson from riding from the end of racing on 26 March up to and including 7 April. This is 4 riding days: Wanganui 30 March; Invercargill / Palmerston North 1 April; Timaru 6 April; and Palmerston North 7 April.


hearing_type: Hearing


Rules: 638(3)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr C Johnson - Licensed Jockey (Class A)


Otherperson: Mr J M McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d90de8fc606fd031012e00c9727b4d07


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: 3b919fc571e281137b392d7905df1b1d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/03/2017


meet_title: Beaumont RC - 20 March 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: beaumont-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Beaumont RC