Canterbury R – North Canterbury Racing 1 October 2016 – R 9 – Chair, Mr S Ching
ID: JCA17949
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 1 October 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/10/01
Race Number:
R9
Decision:
As Mr Callaway had admitted this breach of the Rules it was found to be proved.
Penalty:
The Committee granted Mr Callaway’s request for a deferment of penalty until after racing at Timaru on 7 October 2016. We therefore determined that Mr Callaway’s Class A Jockeys licence be suspended from the conclusion of racing Friday 7 October up to and including 15 October 2016. This suspension encompasses the days racing at Winton on 9 October and Ashburton on 15 October 2016.
Facts:
Following the running of Race 9, the Rangiora New World Rating 65, an Information was filed by Stipendiary Steward, Mr M Williamson, against Class A Rider, Mr L Callaway, the rider of ALMOST COURT, alleging careless riding near the 1200m, in that he shifted inwards when not sufficiently clear of MINUTES TO MIDNIGHT, ridden by Miss T Jonker, and CZARISTA, ridden by Mr M McNab, resulting in interference.
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 Callaway had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Callaway also agreed that he understood the charge and the Rule it was brought under.
Mr Williamson, with the assistance of Stipendiary Steward, Mr N McIntyre, gave evidence and used video coverage to show that approximately 150m after the start, Mr Callaway, riding ALMOST COURT, who drew barrier 10 at the start, was crossing the field and racing on the outside of MINUTES TO MIDNITE, ridden by Miss T Jonker, and CZARISTA, ridden by Mr M McNab. Mr McIntyre pointed out Mr Callaway who directed his horse inwards and forced Miss Jonker off her line down onto Mr McNab which resulted in Mr McNab being placed in restricted room and receiving interference.
Mr Callaway stated that he did not angle his horse inwards but was being influenced by Mr Kalychurun, riding ROSSI THE RIFLE, who was improving on his outside. He said his horse over reacted and had run away from Mr Kalychurun’s mount. He also said that the horse was a difficult horse to ride, both in the preliminary and in the race, had a history of being lead to the start and had a dead mouth. He stated that he had taken action to straighten his horse shifting in but conceded that he should made more effort to keep his mount off Miss Jonker and Mr McNab.
Submissions for Penalty:
Mr Williamson stated that Mr Callaway had admitted the breach at the first opportunity. He said Mr Callaway’s record was clear showing no breaches of this rule over the previous 12 months. He submitted that the level of carelessness was low-range but said in mitigation that the horse was a difficult horse to ride. Mr Williamson stated that Mr Callaway was a South Island based rider and taking the JCA Penalty Guide starting point of 3 days’ suspension for a breach of this rule submitted that a 2-day suspension be considered as penalty in this case.
Mr Callaway asked that consideration be given for his good record, his admission of the breach and the difficult horse he was riding.
The matter of deferment was discussed with Mr Callaway with Mr Callaway confirming he had commitments at the Timaru meeting the following Friday 7 October. He requested deferment until after that meeting.
Reasons for Penalty:
In determining penalty, the Committee took into consideration Mr Callaway’s ready admission of the breach, the level of carelessness, which we assessed as low and the mitigation as noted above. We also took into account Mr Callaway’s good penalty record. In adopting the JCA Penalty Guide starting point of 3 days for a South Island rider the Committee was able to afford Mr Callaway a discount of 1 day for the collective mitigating factors. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
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: db958b2236cd599850250e20b7aeef51
informantnumber: A8511
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 638(1)(d)-Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 04/10/2016
hearing_title: Canterbury R - North Canterbury Racing 1 October 2016 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the Rangiora New World Rating 65, an Information was filed by Stipendiary Steward, Mr M Williamson, against Class A Rider, Mr L Callaway, the rider of ALMOST COURT, alleging careless riding near the 1200m, in that he shifted inwards when not sufficiently clear of MINUTES TO MIDNIGHT, ridden by Miss T Jonker, and CZARISTA, ridden by Mr M McNab, resulting in interference.
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 Callaway had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Callaway also agreed that he understood the charge and the Rule it was brought under.
Mr Williamson, with the assistance of Stipendiary Steward, Mr N McIntyre, gave evidence and used video coverage to show that approximately 150m after the start, Mr Callaway, riding ALMOST COURT, who drew barrier 10 at the start, was crossing the field and racing on the outside of MINUTES TO MIDNITE, ridden by Miss T Jonker, and CZARISTA, ridden by Mr M McNab. Mr McIntyre pointed out Mr Callaway who directed his horse inwards and forced Miss Jonker off her line down onto Mr McNab which resulted in Mr McNab being placed in restricted room and receiving interference.
Mr Callaway stated that he did not angle his horse inwards but was being influenced by Mr Kalychurun, riding ROSSI THE RIFLE, who was improving on his outside. He said his horse over reacted and had run away from Mr Kalychurun’s mount. He also said that the horse was a difficult horse to ride, both in the preliminary and in the race, had a history of being lead to the start and had a dead mouth. He stated that he had taken action to straighten his horse shifting in but conceded that he should made more effort to keep his mount off Miss Jonker and Mr McNab.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Callaway had admitted this breach of the Rules it was found to be proved.
sumissionsforpenalty:
Mr Williamson stated that Mr Callaway had admitted the breach at the first opportunity. He said Mr Callaway’s record was clear showing no breaches of this rule over the previous 12 months. He submitted that the level of carelessness was low-range but said in mitigation that the horse was a difficult horse to ride. Mr Williamson stated that Mr Callaway was a South Island based rider and taking the JCA Penalty Guide starting point of 3 days’ suspension for a breach of this rule submitted that a 2-day suspension be considered as penalty in this case.
Mr Callaway asked that consideration be given for his good record, his admission of the breach and the difficult horse he was riding.
The matter of deferment was discussed with Mr Callaway with Mr Callaway confirming he had commitments at the Timaru meeting the following Friday 7 October. He requested deferment until after that meeting.
reasonsforpenalty:
In determining penalty, the Committee took into consideration Mr Callaway’s ready admission of the breach, the level of carelessness, which we assessed as low and the mitigation as noted above. We also took into account Mr Callaway’s good penalty record. In adopting the JCA Penalty Guide starting point of 3 days for a South Island rider the Committee was able to afford Mr Callaway a discount of 1 day for the collective mitigating factors. We therefore determined that a 2-day suspension was an appropriate penalty in this case.
penalty:
The Committee granted Mr Callaway’s request for a deferment of penalty until after racing at Timaru on 7 October 2016. We therefore determined that Mr Callaway’s Class A Jockeys licence be suspended from the conclusion of racing Friday 7 October up to and including 15 October 2016. This suspension encompasses the days racing at Winton on 9 October and Ashburton on 15 October 2016.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: M Williamson- Stipendiary Steward
JockeysandTrainer: L Callaway-Licensed Class A Rider
Otherperson: Mr N McIntyre - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 893379442024294c3a6b6c0dfc4a60b8
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: 2393747b0575ac48a4129e4c661a4737
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/10/2016
meet_title: Canterbury Racing - 1 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing