Canterbury JC – 8 August 2009 – Race 1
ID: JCA23046
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Canterbury JC - 8 August 2009
Race Date:
2009/08/08
Race Number:
Race 1
Decision:
Following the running of Race 1, the Carlton Bar & Restaurant Hurdle, Chief
Stipendiary Steward Mr R. Sanders filed an information pursuant to Rule 871(1)(d)
alleging careless riding by Jockey Mr I. A. Lupton.
Following the running of Race 1, the Carlton Bar & Restaurant Hurdle, Chief
Stipendiary Steward Mr R. Sanders filed an information pursuant to Rule 871(1)(d)
alleging careless riding by Jockey Mr I. A. Lupton.
The information reads as follows.
--“I the abovenamed informant allege that the abovenamed Defendant committed a breach
of Rule 871(1)(d) in that I. Lupton permitted his mount MICKEY to shift inward near
the 2400m when not clear of TEXAS (S. Houston) who was checked.”
Rule 871(1)(d) reads as follows.
--“(1) Every rider commits a breach of these Rules who in the opinion of the
Judicial Committee is guilty of riding which was:
(d) Careless….”
Mr Lupton had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. Mr Lupton agreed that he understood the Rule and the nature of the charge.
--Mr Sanders firstly illustrated this incident by means of video coverage, and then called Jockey Miss S. S. Houston (“Texas”) to give evidence. Miss Houston said that after jumping the fence approaching the 2400 metre mark Mr Lupton had moved out three wide. She had then moved up inside Mr Lupton, but he had moved back inwards to where he had been causing her to check her horse. When asked how far in front Mr Lupton had been at the time of the check, Miss Houston said “around ¾ of a length maybe”.
--Mr Lupton asked Miss Houston if she thought he was clear enough to move back in after this jump. She said that her horse had moved into the gap of its own accord, and did not agree that there was room. Miss Houston was also asked if she had called out prior to the incident, and she said that she had.
--Mr Lupton gave evidence and said that he did jump outwards but that he thought he was clear to come back in. He said that he did not hear Miss Houston call out.
--In answer to questions from Mr Hales, Mr Lupton agreed that he had intentionally moved his horse back to the two wide line, and that he was not aware that Miss Houston had moved up inside him.
--Mr Lupton called Jockey R. Eynon to give evidence, and he said that he did not hear Miss Houston call out at the time of this incident.
--After hearing the evidence we adjourned to consider our decision. We were satisfied that after jumping the fence described in the evidence, Mr Lupton moved out from two wide to three wide. Miss Houston had been following Mr Lupton and her horse was then able to improve up on his inside. There was a short but significant delay before Mr Lupton moved his horse back into the two wide line. The evidence and the video coverage clearly shows that Mr Lupton was not a length plus a length (Rule 870(2)(a)) clear as required by the Rules.
--Further we are satisfied that Mr Lupton did not look inwards to ensure that he was clear of other horses before he made his inwards movement. Mr Lupton did not dispute that Miss Houston had to check her mount.
--During her evidence Miss Houston said that she did call out to Mr Lupton at the time. Mr Lupton denied that he heard Miss Houston’s call, and he called Jockey Mr R. E. Eynon who also said that he did not hear Miss Houston. We do not believe that this matter has any bearing on our decision.
--After reviewing all the evidence we were satisfied that the charge had been proved. On returning to the Enquiry room we advised that a full written decision would be delivered later, and we gave the following oral decision.
--“Having seen the video coverage, and having heard the evidence from the parties and their witnesses, we are satisfied that after jumping a fence at about the 2400 metre mark Miss Houston, the rider of “Texas” had to check her horse.
--It was the Stipendiary Steward’s evidence that Mr Lupton had moved outwards after jumping this fence, and that Miss Houston had moved up inside his horse. It was alleged that Mr Lupton then moved back into the two wide line, and that he was only, at most, one length clear at the time. As a result Miss Houston had to check her mount. Miss Houston confirmed that she had to check her mount when she gave evidence.
--Mr Lupton gave evidence that he believed that he was entitled to move back into the two wide line, as this was rightfully his place.
--It was clear from the evidence that Mr Lupton was not aware that Miss Houston had moved up inside him. It was also clear that Mr Lupton was not the required length plus a length clear when he made this move and we find the charge proved.”
--Penalty:
--In relation to penalty Mr Sanders advised that Mr Lupton had two previous convictions for careless riding in the last 12 months. As this was a Premier Race Day a suspension of 4 – 6 days was recommended. Mr Sanders also said that Mr Lupton had a reasonable record.
--Mr Lupton said that with the new system in place for jumping races, there were now, on occasions, four jumps races in a day rather than two. He asked that this be taken into account. Mr Lupton did ask that any suspension start immediately.
There was a discussion about the race meetings coming up that had jumping or highweight races programmed.
We adjourned to consider the question of penalty. We were satisfied that in this case a 4 day suspension was appropriate. On resuming the hearing we advised the parties that Mr Lupton was suspended from after the completion of racing on 8 August 2009, until after the completion of racing on 21 August 2009, which is a 4 day suspension.
--
J. M. Phelan
CHAIR
6955
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: e47be1b9ff15fb5dbb15838d6869782f
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 08/08/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Canterbury JC - 8 August 2009 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 1, the Carlton Bar & Restaurant Hurdle, Chief
Stipendiary Steward Mr R. Sanders filed an information pursuant to Rule 871(1)(d)
alleging careless riding by Jockey Mr I. A. Lupton.
Following the running of Race 1, the Carlton Bar & Restaurant Hurdle, Chief
Stipendiary Steward Mr R. Sanders filed an information pursuant to Rule 871(1)(d)
alleging careless riding by Jockey Mr I. A. Lupton.
The information reads as follows.
--“I the abovenamed informant allege that the abovenamed Defendant committed a breach
of Rule 871(1)(d) in that I. Lupton permitted his mount MICKEY to shift inward near
the 2400m when not clear of TEXAS (S. Houston) who was checked.”
Rule 871(1)(d) reads as follows.
--“(1) Every rider commits a breach of these Rules who in the opinion of the
Judicial Committee is guilty of riding which was:
(d) Careless….”
Mr Lupton had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. Mr Lupton agreed that he understood the Rule and the nature of the charge.
--Mr Sanders firstly illustrated this incident by means of video coverage, and then called Jockey Miss S. S. Houston (“Texas”) to give evidence. Miss Houston said that after jumping the fence approaching the 2400 metre mark Mr Lupton had moved out three wide. She had then moved up inside Mr Lupton, but he had moved back inwards to where he had been causing her to check her horse. When asked how far in front Mr Lupton had been at the time of the check, Miss Houston said “around ¾ of a length maybe”.
--Mr Lupton asked Miss Houston if she thought he was clear enough to move back in after this jump. She said that her horse had moved into the gap of its own accord, and did not agree that there was room. Miss Houston was also asked if she had called out prior to the incident, and she said that she had.
--Mr Lupton gave evidence and said that he did jump outwards but that he thought he was clear to come back in. He said that he did not hear Miss Houston call out.
--In answer to questions from Mr Hales, Mr Lupton agreed that he had intentionally moved his horse back to the two wide line, and that he was not aware that Miss Houston had moved up inside him.
--Mr Lupton called Jockey R. Eynon to give evidence, and he said that he did not hear Miss Houston call out at the time of this incident.
--After hearing the evidence we adjourned to consider our decision. We were satisfied that after jumping the fence described in the evidence, Mr Lupton moved out from two wide to three wide. Miss Houston had been following Mr Lupton and her horse was then able to improve up on his inside. There was a short but significant delay before Mr Lupton moved his horse back into the two wide line. The evidence and the video coverage clearly shows that Mr Lupton was not a length plus a length (Rule 870(2)(a)) clear as required by the Rules.
--Further we are satisfied that Mr Lupton did not look inwards to ensure that he was clear of other horses before he made his inwards movement. Mr Lupton did not dispute that Miss Houston had to check her mount.
--During her evidence Miss Houston said that she did call out to Mr Lupton at the time. Mr Lupton denied that he heard Miss Houston’s call, and he called Jockey Mr R. E. Eynon who also said that he did not hear Miss Houston. We do not believe that this matter has any bearing on our decision.
--After reviewing all the evidence we were satisfied that the charge had been proved. On returning to the Enquiry room we advised that a full written decision would be delivered later, and we gave the following oral decision.
--“Having seen the video coverage, and having heard the evidence from the parties and their witnesses, we are satisfied that after jumping a fence at about the 2400 metre mark Miss Houston, the rider of “Texas” had to check her horse.
--It was the Stipendiary Steward’s evidence that Mr Lupton had moved outwards after jumping this fence, and that Miss Houston had moved up inside his horse. It was alleged that Mr Lupton then moved back into the two wide line, and that he was only, at most, one length clear at the time. As a result Miss Houston had to check her mount. Miss Houston confirmed that she had to check her mount when she gave evidence.
--Mr Lupton gave evidence that he believed that he was entitled to move back into the two wide line, as this was rightfully his place.
--It was clear from the evidence that Mr Lupton was not aware that Miss Houston had moved up inside him. It was also clear that Mr Lupton was not the required length plus a length clear when he made this move and we find the charge proved.”
--Penalty:
--In relation to penalty Mr Sanders advised that Mr Lupton had two previous convictions for careless riding in the last 12 months. As this was a Premier Race Day a suspension of 4 – 6 days was recommended. Mr Sanders also said that Mr Lupton had a reasonable record.
--Mr Lupton said that with the new system in place for jumping races, there were now, on occasions, four jumps races in a day rather than two. He asked that this be taken into account. Mr Lupton did ask that any suspension start immediately.
There was a discussion about the race meetings coming up that had jumping or highweight races programmed.
We adjourned to consider the question of penalty. We were satisfied that in this case a 4 day suspension was appropriate. On resuming the hearing we advised the parties that Mr Lupton was suspended from after the completion of racing on 8 August 2009, until after the completion of racing on 21 August 2009, which is a 4 day suspension.
--
J. M. Phelan
CHAIR
6955
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 871.1.d, 870.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5a266407043a70d204e6bcb66a090d5b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6836cb12869cc9bd9b01a985cb09b422
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/08/2009
meet_title: Canterbury JC - 8 August 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Canterbury JC