Archive Decision

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Auckland RC 8 December 2012 – R 9

ID: JCA17725

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Miss D Johnson - Licensed Rider

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
A4875

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 8 December 2012

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2012/12/08

Race Number:
R9

Decision:

As Miss Johnson admitted the breach we find the charge proved.

Penalty:

We grant Miss Johnson's request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Miss Johnson which will commence after racing on 15th December 2012 and conclude after racing on 22nd December 2012 (5 days).

Charge:

Following race 9, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham alleged that passing the 1300 metres Miss D Johnson permitted her mount REMISE to shift in when not sufficiently clear of PRETTY TO WATCH (C Dell) which was checked.

Facts:

Mr Williamson demonstrated the incident by using all the available video films. He pointed out to the committee on the head on film that shortly after the start Miss Johnson permits her mount to shift in when not sufficiently clear of PRETTY TO WATCH. This resulted in that horse getting its head up in the air and lose ground.

Miss Johnson believed that Mr Harris contributed to the incident by moving out slightly from the rails.

Submissions for Penalty:

Mr Oatham produced Miss Johnson's record which showed 5 previous breaches under this rule in the last 12 months. He submitted that Miss Johnson should be given credit for her admission of the breach. He submitted the level of carelessness was low to mid range, with Mr Dell losing several lengths.

Miss Johnson submitted that she had firm commitments up to and including 15th December. She submitted that her plan was to ride everywhere and requested a deferment to her proposed suspension.

In response to a question from the committee, Miss Johnson said she was going to ride at Dunedin for Mr S Kennedy on 17th December. The committee asked the Stewards to verify this submission with Mr Kennedy. Mr Williamson was unable to contact Mr Kennedy.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Miss Johnson's admission of the breach and the level of carelessness which we assess as low range. The aggravating fact is Miss Johnson's record which we assess as poor.

We explained in detail to Miss Johnson that we do not accept that she would be riding at Dunedin and Gore and therefore have not included these dates in her penalty. We accept that Ashburton can be taken into account when imposing an appropriate penalty.

Miss Johnson did not object to our reasons given regarding the South Island dates.

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: e504d2946765d0a799a917c7969b0363


informantnumber: A4875


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/11/2012


hearing_title: Auckland RC 8 December 2012 - R 9


charge:

Following race 9, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham alleged that passing the 1300 metres Miss D Johnson permitted her mount REMISE to shift in when not sufficiently clear of PRETTY TO WATCH (C Dell) which was checked.


facts:

Mr Williamson demonstrated the incident by using all the available video films. He pointed out to the committee on the head on film that shortly after the start Miss Johnson permits her mount to shift in when not sufficiently clear of PRETTY TO WATCH. This resulted in that horse getting its head up in the air and lose ground.

Miss Johnson believed that Mr Harris contributed to the incident by moving out slightly from the rails.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Johnson admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Miss Johnson's record which showed 5 previous breaches under this rule in the last 12 months. He submitted that Miss Johnson should be given credit for her admission of the breach. He submitted the level of carelessness was low to mid range, with Mr Dell losing several lengths.

Miss Johnson submitted that she had firm commitments up to and including 15th December. She submitted that her plan was to ride everywhere and requested a deferment to her proposed suspension.

In response to a question from the committee, Miss Johnson said she was going to ride at Dunedin for Mr S Kennedy on 17th December. The committee asked the Stewards to verify this submission with Mr Kennedy. Mr Williamson was unable to contact Mr Kennedy.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Miss Johnson's admission of the breach and the level of carelessness which we assess as low range. The aggravating fact is Miss Johnson's record which we assess as poor.

We explained in detail to Miss Johnson that we do not accept that she would be riding at Dunedin and Gore and therefore have not included these dates in her penalty. We accept that Ashburton can be taken into account when imposing an appropriate penalty.

Miss Johnson did not object to our reasons given regarding the South Island dates.


penalty:

We grant Miss Johnson's request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Miss Johnson which will commence after racing on 15th December 2012 and conclude after racing on 22nd December 2012 (5 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Miss D Johnson - Licensed Rider


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d4b589ea9d2b66c4f33f06382f114e61


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: 89be53e719f719146de87f41591e793b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/12/2012


meet_title: Auckland RC - 8 December 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Auckland RC