hearingid: fc6246106943c277c65a2e75b41eaebf

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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decisiondate: no date provided

hearing_title: Non Raceday Inquiry - A Calder 27 Nov 08

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DECISION OF JUDICIAL COMMITTEE

(inquiry adjourned from 15 November 2008)

(see also :  Appeal - heard 19 December 2008)

BEFORE A JUDICIAL COMMITTEE

AT CHRISTCHURCH

                                                                  IN THE MATTER         of the New Zealand Rules                                   of Racing

                                                                  BETWEEN                   NEW ZEALAND                                                                                                           THOROUGHBRED RACING

                                                                                                                             Informant

                                                                  AND                            Andrew J CALDER,                                                                                                                  Licensed Jockey

                                                                                                                             Defendant

DATE OF HEARING                                    27 November 2008

VENUE                                                       Stewards Room, Riccarton Park

                                                                  Christchurch

PRESENT                                                    Mr S Ching (Stipendiary Steward

                                                                  Mr M Davidson (Stipendiary Steward)

                                                                  for NZ Thoroughbred Racing  - Informant

                                                                  Mr A J Calder (Licensed Jockey) - Defendant

JUDICIAL COMMITTEE                              Mr K G Hales (Chairman)

                                                                  Mr P Rosanowski

DECISION OF JUDICIAL COMMITTEE

(inquiry adjourned from 15 November 2008)

INTRODUCTION

As a result of an incident in Race 9, The 2000 Guineas, at the Canterbury Jockey Club’s meeting on Saturday 15^th November 2008 (New Zealand Cup Day) Mr A Calder, Licensed Jockey, was charged with careless riding pursuant to Rule 871(1)(d) of the Rules of Racing.

It was alleged that he allowed his mount “Kildonan” to shift in when not sufficiently clear causing “Fully Fledged” (D Walsh) to check near the 1000 metres.

The hearing of the information was opened on 15^th November but as Mr Calder indicated a not guilty plea to the charge and as he had a flight time to meet, the hearing of the matter was adjourned to be heard at a non race day hearing.

The matter was called again on Thursday 27 November 2008 at the Canterbury Jockey Club’s meeting.

At the commencement of the hearing, Mr Calder vacated his not guilty plea and asked that a guilty plea be recorded, which was noted and the charge was therefore deemed to be proved.

THE FACTS

The incident from which the charge arose was demonstrated to the hearing by Mr Mark Davidson, Stipendiary Steward, using the head on and side on camera views.

Mr Calder had a wide draw at the barrier and was, at the time of the incident, which was near the 1000 metre mark, racing in a three wide position.  He was looking for cover behind “Izonit” ridden by  GL Cooksley.  He was aware of the presence of “Fully Fledged” (D Walsh) which was racing in a two wide position on the same line as “Izonit”.  Mr Calder took his mount on an inward movement in behind “Izonit” but in so doing he was not his own length and another length clear when he made his inward movement.  The result was that Mr Walsh had to check his mount off “Kildonan’s” heels.  The checking action of Mr Walsh and “Fully Fledged” was quite noticeable on the video coverage that we viewed.

In explanation, Mr Calder acknowledged that it was an error of judgement on his part.  In mitigation he asked us to note that Cooksley’s mount was starting to pull and that “Fully Fledged” did improve inside him.  He said that “Fully Fledged” was a colt which proved to be strong when restrained.  He did not anticipate the extent which  Walsh’s mount improved up on his inside.

PENALTY DECISION

Mr Ching told us that Mr Calder has a good riding record.  He said he was suspended on two occasions earlier this year, on 27 January 2008 for five days and on 13 March 2008 for four days.

However, Mr Ching asked us to note the status of the race and the stake payable, and said that it was the Steward’s belief that the degree of carelessness was in the mid to high range.  He said that Walsh’s safety was compromised. 

He called for a penalty of suspension of licence for three to four weeks and for a fine of between $5,000 and $8,000.

He also advised the hearing of some recent penalties imposed:

·         Ms Samantha Spratt- 8 days and fined $2,500.  We note that was an appeal decision, that it was a Group III race for stake of $85,000.

·         Mr Craig Grylls - six day suspension and fined $2,500 in a Group III race with a stake of $55,000.

·         Mr Michael Coleman - 3 week suspension and fined $5,000 in a Group II race with a stake of $100,000.

Mr Ching also asked us to note that Mr Walsh’s horse was second favourite but that it finished in 9^th place.

In response, Mr Calder asked us to note that the interference was early in the race and that between the 600 metre mark and the 400 metre mark Mr Walsh’s mount was running alongside the eventual winner and thus he submitted that “Fully Fledged” was not prejudiced by the incident.  He also asked us to note that the circumstances of Ms Spratt, Mr Grylls and Mr Coleman were different and in particular stated that Ms Spratt has a bad riding record.

He told us of recent Australian decisions imposed over the Melbourne Cup Carnival, and quoted penalties imposed on Glen Boss, Danny Nicolic and Stephen Baster when suspensions of up to 12 days were imposed but where fines were not also imposed.

To all intents and purposes Mr Calder was urging consistency of penalty between New Zealand and Australia, particularly as the New Zealand protest rule has been amended recently to match that of the Australian rule.

Mr Calder may well have an arguable point with regard to consistency of penalties between New Zealand and Australia but we do not believe that this committee can make new ground in terms of the penalty to be imposed against the penalty policy that has been urged upon us by New Zealand Thoroughbred Racing and adopted by judicial committees throughout New Zealand of recent time.  This is a point which would need to be advanced by the Jockey’s Association to New Zealand Thoroughbred Racing for a policy change by, or to be determined by an appeal authority.  We consider we are bound by the current policy that has been adopted of recent times.  Thus we will be imposing a fine in addition to the period of suspension.

However, it should be noted that a guideline benchmark for the level of fine has to all intents and purposes been set by an appeal tribunal in the Spratt case and we therefore must take careful note of that in terms of setting the fine.  We are aware of the aggravating features of Ms Spratt’s record and that has not been overlooked in terms of the level of fine that is to be imposed.

Mr Calder confirmed to the hearing that he is committed to riding engagements at Avondale and Matamata on 3^rd and 4^th December 2008 and therefore asked to have the period of suspension deferred for seven days as is permitted by the Rules.

Mr Calder is therefore suspended from the conclusion of racing on Thursday 4^th December 2008 until the conclusion of racing on Saturday 20^th December 2008.  That is effectively a two week suspension but it encompasses 10 riding days in the area where Mr Calder rides on a regular basis.

In addition, Mr Calder will be fined the sum of $2,800.  In setting that sum we have taken cognisance  of the Spratt appeal decision and also carefully noted the guiding principals for penalties set out in Rule 1122(2) of the Rules of Racing.

K G Hales

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hearing_type: Old Hearing

Rules: 871.1.d, 1122.2

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