Marlborough RC 24 April 2015 – R 3 (heard on 26 April 2015 at Blenheim)

hearingid: 520b5f1dabeceaa4aadf64109d02a243

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 24/04/2015

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Marlborough RC 24 April 2015 - R 3 (heard on 26 April 2015 at Blenheim)

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N Ydgren – Stipendiary Steward

Respondent: Mr C Johnson – Licensed Jockey

Information No: A1465

Meeting: Marlborough Racing Club

Date: 24 April 2015 (heard at Blenheim on 26 April 2015)

Venue: Blenheim

Rule No: 636(1)(b)

Race: 3

Judicial Committee: Mr P Williams, Chairman – Mr K Hales, Committee Member

Also Present: Mr R Neal, Ms B Middlewood

Charge: Failing to take all reasonable and permissible measures….

Evidence:

Following the running of race 3, the “MORE FM Maiden 1400”, Information A1465 was filed by Stipendiary Steward Mr N Ydgren under Rule 636(1)(b). The Information stated “that C Johnson (Feral Ice) relaxed his ride between the 100m and 50m when in contention for a stakes and dividend bearing position”.

Rule 636 (1) (b) states “A person…..being the Rider of a horse in a Race, must take all reasonable and permissible measures throughout the Race to ensure that his horse is given full opportunity to win the Race or to obtain the best possible finishing place”.

This hearing was opened and adjourned on Friday 24 April 2015 so that Mr Johnson could seek advice on whether or not to admit the breach of the Rule. At the beginning of the hearing on Sunday 26 April 2015 Mr Johnson confirmed he understood the Rule under which he was charged and also that he did not admit the breach of the Rule. He also sought permission for his partner, Ms Middlewood, to be present during the hearing and, if necessary, speak on his behalf.

Rule 916 (1) states:- “Subject to sub-Rules (2) and (3) of this Rule a person shall not be represented by Counsel or a lay person advocate at any hearing held by a Judicial Committee in respect of a matter which arises on a Race day and which is held on that day”.

Mr Ydgren indicated he had no objections to Ms Middlewood being present. As this hearing was not held on the day the breach of this Rule occurred, and having regard for Rule 915(1)(a), the Committee agreed that, on this occasion, Ms Middlewood could be present.

Submissions for Decision:

Mr Ydgren, using the head-on film, identified Mr Johnson racing closest to the rail at the top of the straight and racing midfield in the 11 horse race. He said the Stewards had no issues with Mr Johnson’s ride from the top of the straight to approximately the 100m point as he could clearly be seen riding with sufficient and discernible vigour and using the whip. Mr Ydgren said that at the 100m mark Mr Johnson relaxed his riding style for some 50m and appeared to stand up in his irons and then, from the 50m mark to the end of the race, again rode with vigour which included using his whip. Mr Ydgren showed the head-on view of the final 300m of the race and said that at no stage during the run to the line was Mr Johnson’s line being dictated by another horse and that all times he had ample racing room with the horse running in a true line. He specifically said that at the 100m mark nothing occurred that caused Mr Johnson to temporarily stop riding with vigour. He confirmed it was the Stewards view that Mr John relaxed his ride for 5-6 strides.

Mr Ydgren then showed the side on view of the finish. He said that whilst the first 2 horses were clear of the rest of the field there was 0.4 length from the second horse to two horses that dead heated for third with a nose back to fifth, a further nose back to sixth and a further nose back to Mr Johnson’s horse (Feral Ice) in seventh place.

Mr Ydgren said there had been a post-race examination of “Feral Ice” and no physical abnormalities were found that could have contributed to Mr Johnson having to relax his ride on the horse.

Mr Johnson was invited to make his submissions but asked if Ms Middlewood could speak on his behalf. To a question from the Committee she confirmed she was not the trainer of the horse nor did she have any knowledge of it prior to the race meeting. She asked for the full race to be showed and pointed out there were instances during the race where “Feral Ice”, which was having its first start, was not racing kindly for Mr Johnson. She also said that he did not stop riding the horse for 50m but rather just put the stick down and made the point several times that because a horse is not under the whip it does not mean the jockey is not riding it out to the best of their ability. She believed that had “Feral Ice” been hit with the whip during the 50m it would not have finished any closer to the winner than it did.

Mr Johnson said the horse was under a hard ride all the way and wasn’t responding to his urgings. He agreed he stopped hitting behind the saddle for 5-6 strides and then it found a little bit more in the final 50m of the race. To a question from Mr Ydgren, Mr Johnson confirmed that his horse had a clear run and was running in a straight line down the home straight in the run to the finish.

In summing up Mr Ydgren said it was the Stewards view that it was reasonable to believe that, had there not been a discernible change in Mr Johnson’s riding style from approximately the 100m mark to the 50m mark and had Mr Johnson continued to ride with vigour over those 50m as he done earlier in the run home, he would have finished in a higher position that he did given the narrow margins between the horses that finished from third equal to seventh. He reiterated there was no obvious impediment at the 100m mark for Mr Johnson to change his riding style and it was reasonable and permissible for him to continue to ride in the final 100m of the race in the manner he had from the top of the straight to the 100m mark.

In summing up Ms Middlewood again said that whilst Mr Johnson did stop hitting the horse for 5-6 strides he didn’t stop riding it.

Reasons for Decision:

The Committee has reviewed the side and head on films of the final 300m of the race several times and taken into account all of the submissions made by both parties. The head-on film shows that from the top of the straight “Feral Ice” was racing in space closest to the running rail. The horse maintained a true course all the way down the straight and at no time was in close contact with any other horse.

The side on film of the run down the home straight is also very clear. Mr Johnson can be seen riding his horse with vigour from the top of the straight and using the whip every second stride to urge the horse along. At approximately the 100m mark this film in particular clearly shows that Mr Johnson put his whip away and changed his body position on the horse with his back coming up and his hands not moving. The Committee believes those actions mean he did relax his ride for some 5-6 strides from the 100m to 50m mark. The film then shows from the 50m mark Mr Johnson briefly rode hands and heels before using the whip twice more in the shadows of the post.

The Committee has noted that the margin from the dead heaters for third place back to seventh place was three noses. We believe that, given the tightness of the finish and the ground made up by Mr Johnson in the final 50m, it is not unreasonable to believe that, had he taken all reasonable and permissible measures to ensure that his horse was given full opportunity to win the Race or to obtain the best possible finishing place, he would have finished in a higher position than he did.

Decision:

The Committee finds the charge proved.

Submissions for Penalty:

Mr Ydgren said Mr Johnson had not breached this Rule in the previous 12 months. He said Mr Johnson was a very experienced senior rider whose rode throughout the South Island and Central Districts. He said Mr Johnson’s actions had possibly impacted on those punters who had backed Mr Johnson. Mr Ydgren said he believed a period of suspension of 2-3 weeks was an appropriate penalty on this occasion.

Mr Johnson confirmed that if he were to be suspended he wished to seek a deferment of 7 days to enable him to ride at Riccarton on Saturday 2 May. He said he ridden at Te Rapa yesterday, was available to ride all over New Zealand, and asked that Northern Region meetings be included in any period of suspension. To a question from the Committee he said he had no confirmed bookings in the immediate future for meetings in the Northern region.

Ms Middlewood thought a 2-3 week suspension was excessive for a “minor” race where the stake was only $8,000.

To a question from Committee, Mr Ydgren said he did not believe Mr Johnson could be considered a rider who regularly rode in the Northern region. He did confirm, however, that Mr Johnson is both a Class “A” and Class “D” rider.

Reasons for Penalty:

The JCA’s Penalty Guidelines state the starting point for a breach of this Rule is suspension of 6 weeks. We have reviewed the JCA’s list of penalties imposed under this Rule over the last 6 years to ensure, as best we can, a general consistency with those decisions. During that time there have only been 12 breaches of the Rule and the penalties given range from a suspension of 3 days and $150 fine to a suspension of 5 weeks. We have also taken into account that Mr Johnson has not breached this Rule in the previous 12 months and that the Stipendiary Stewards believe a 2-3 week suspension is an appropriate penalty.

The Committee has decided an appropriate penalty is a period of suspension and after reviewing the dates calendar has decided a penalty of a 2 week suspension (equating to 7 riding days) will be imposed.

Mr Johnson’s request for a deferment of 7 days is agreed to in terms of Rule 1106(2).

Penalty:

Mr Johnson is suspended for 2 weeks from Sunday 3 May 2015 to Sunday 17 May 2015 inclusive. We calculate that to be 7 riding days as follows:-

Hawkes Bay     –  7 May
New Plymouth –  9 May
Winton            – 10 May
Otaki              - 14 May
Timaru           – 15 May
Awapuni         – 16 May
Riverton         – 17 May

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 636(1)(b)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: