Auckland RC 4 March 2015 – R 9 (heard on 7 March 2015 at Ellerslie)

hearingid: 5ad1de811d8ff3a630f8979ed34bbfb6

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hearing_racingtype: thoroughbred-racing

startdate: 04/03/2015

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hearing_title: Auckland RC 4 March 2015 - R 9 (heard on 7 March 2015 at Ellerslie)

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RACEDAY JUDICIAL COMMITTEE DECISION

Adjourned Hearing from 4 March until 7 March 2015. Ms D Johnson - ADMITTED

Informant: Mr R Neal- Co Chief Stipendiary Steward

Respondent: Mr D Johnson - Licensed Rider

Information No: A6884

Meeting: Auckland RC

Date: 4 March 2015

Venue: Ellerslie

Rule No: 638(1) (d)

Race: 9

Judicial Committee: A Dooley, Chairman - G Jones, Committee Member

Plea: Admitted

Person's Present: Mr J Oatham – Senior Stipendiary Steward

Charge

Careless Riding

Evidence

The Stewards on 4 March concluded an investigation into the running of race 9, TV3 New Zealand Derby (Group 1) run on 28 February. This resulted in an Information being filed pursuant to Rule 638(1) (d). The Informant, Mr Neal, alleged that Ms D Johnson angled her mount SOUND PROPOSITION out near the 400 metres when not clear of J’WALKE which was checked and taken out onto MARGIN TRADER which was hampered.

This Information was filed with the Judicial Committee on 4 March and heard by the race day Committee prior to race 1 on 7 March. Initially Ms Johnson indicated that she intended to defend the charge but on 5 March her manager contacted Mr Neal to inform him that Ms Johnson wished to change her plea.

Ms Johnson acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach. The Committee requested Ms Johnson to endorse the Information with her amended plea.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Oatham demonstrated the incident using all the available video films. He identified that near the 400 metres Ms Johnson was held up and angled her mount out and forced a run when not entitled to. In doing so J’WALKE was checked and taken out onto MARGIN TRADER which was impeded. He added that MIDNITEMAGICMAN also received contact from its inside.

Mr Oatham demonstrated on the back tower view that Ms Johnson was only a neck in front of J’WALKE when angling her mount out.

Ms Johnson told the Committee that the films are evident. She said the interference looked worse because J’WALKE stopped quickly. She added in her opinion she did not have contact with MIDNITE MAGICMAN.

Decision

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

Submissions For Penalty

Mr Neal produced Ms Johnson's record which showed 4 previous breaches under this Rule in the last 12 months. The most recent being 10 January at Ellerslie which attracted an 8 day suspension and a $1,000 fine. He described Ms Johnson’s record as fair and stated she made an error of judgement in riding her mount forward when not the required distance clear. He submitted the status of the race and stakes payable needed to be considered by the Committee when imposing penalty. He noted that Ms Johnson finished 3rd in the race and the Committee had to consider whether an advantage was gained. Mr Neal submitted an appropriate suspension would be in the 6 to 8 day range.

Ms Johnson advised the Committee that she had engagements at Wellington on 14 March and sought a deferment to her proposed suspension. She asked the Committee to consider a fine as well as a suspension.

When tested about her intention and history of riding in the South Island, Ms Johnson said she had no intention of riding at Wyndham on 15 March but intended to ride at Timaru and Dunedin. Ms Johnson advised that she was trying to win the premiership and said that she has ridden in more races than most jockeys.

In response to a question from the Committee, Ms Johnson said that she would like a combination of a fine and suspension as this would permit her to resume riding quicker.

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 only mitigating fact is Ms Johnson’s admission of the breach.

The Committee has factored into our decision the requirements of Rule 920 (2) which provides that on finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty the Judicial Committee have regard to such matters as it considers appropriate including:

(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.

The aggravating factors are the breach occurred in a Group 1 race worth $750,000 and we assess Ms Johnson’s carelessness as at least mid – range. This is exacerbated by the fact Ms Johnson forced a run when not sufficiently clear which resulted in 3 horses having their chances affected to various degrees. The films show that Ms Johnson was only about a neck clear when pushing out near the turn. The Committee considers Ms Johnson to only have a fair record even taking into account her quantity of rides. We also note that Ms Johnson has been charged under this rule in November, December and January.

The Committee accepts that Ms Johnson has ridden intermittently in the South Island and we reminded her the Committee would expect to see more evidence of this in the near future. We explained to Ms Johnson why it was not appropriate to impose a combination of a fine and suspension for this breach.

After taking into account all the above factors the Committee considers an appropriate penalty is an 8 day suspension.

Penalty

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

Accordingly, Ms Johnson had her license to ride in races suspended for a period to commence after racing on 14 March and conclude after racing on 26 March 2015 (8 days).

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hearing_type: Old Hearing

Rules: 638(1)(d)

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