Ashburton RC – 19 October 2008 – Race 7
ID: JCA23125
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Ashburton RC - 19 October 2008
Race Date:
2008/10/19
Race Number:
Race 7
Decision:
As a result of an incident which occurred inside the final 300 metres of Race 7 at the Ashburton Racing Club’s meeting on Sunday 19th October 2008, Mr L M Robinson was charged with a breach of Rule 871 (1) (d) (careless riding).
As a result of an incident which occurred inside the final 300 metres of Race 7 at the Ashburton Racing Club’s meeting on Sunday 19th October 2008, Mr L M Robinson was charged with a breach of Rule 871 (1) (d) (careless riding).
--Mr Robinson denied the charge.
--Stipendiary Steward Mr S Ching called on Assistant Stipendiary Steward Mr J McLaughlin to present the evidence. Mr McLaughlin showed the incident using several different camera angles.
--Mr Robinson was, when he commenced the use of his whip, racing about three to four horse widths off the running rail. His horse began to move out whilst under the whip, and Mr Robinson made no effort to correct his horse’s outward movement. His horse continued on its outward movement and in the process took the line of Ms DS Johnson’s mount, BUFFALO SOLDIER.
--Mr Robinson called Ms Johnson to give evidence on his behalf. She said that she saw Mr Robinson’s mount “lugging across” and as a precautionary measure, she took her mount in hand and stood up in the saddle to ensure that there was no contact. She confirmed that the horses did not come into contact, as Mr Robinson came across her line. Mr Robinson also asked Ms Johnson if her mount was getting tired. She said it was “battling”.
--In cross examination, Mr Ching asked her if she steadied and checked her mount, because she saw Mr Robinson coming out towards her line. She agreed that was the case. She also confirmed that Mr Robinson was not his own horse length and another length clear at the time her line was taken.
--In his closing statement, Mr Robinson said he was firmly of the belief that Ms Johnson had not ridden her mount out. He said she was dropping off. He said he was instructed to ride in the clear. He was looking for clear space, and stated that he was more concerned with another horse on his outside.
--Mr Ching, in summary, said that Ms Johnson was using the whip, but quite properly took evasive action when she saw Mr Robinson coming across. He also noted that Mr Robinson was not his own length and another length clear when he came across Ms Johnson’s line.
--DECISION
--We have given careful consideration to all of the evidence. Ms Johnson was maintaining a racing line. Her horse may have been tiring. As to whether she had “dropped off” as Mr Robinson would have us believe, is something we will never know. However, what does appear to be very clear is that Mr Robinson came across her line and at the critical stage, was not his own length and another length clear when he took her line, as is required by the Rules of Racing. Ms Johnson was forced to steady and check her mount by standing up, as a proper precautionary measure.
--On that basis, we are satisfied that the charge has been proved.
--PENALTY DECISION
--Mr Ching told us that Mr Robinson had quite a good riding record. He received a five day suspension on 21 December 2007. Mr Ching maintained that the carelessness was in the medium to high range, and that Ms Johnson’s safety was compromised and that had she not taken the evasive action that she did, there could have been a fall of horses. He called for a suspension of between four and six days.
--Mr Robinson, notwithstanding our findings, maintained that he was innocent of the charge. He said that he would be happy with a fine. He further advised us that he had firm engagements for meetings on Friday 24th October and Sunday 26th October 2008.
--Insofar as penalty is concerned, we are firmly of the view that a suspension is called for. It was not, in our opinion, at the higher end of the scale, but we agree that had it not been for Ms Johnson’s actions, matters could have been more serious.
--We have had regard to Mr Robinson’s good riding record. A four day suspension, in our opinion, would be the starting point, but having regard to his good record, we are prepared to reduce the period of suspension to three days.
--We exercise our discretion by deferring the commencement of Mr Robinson’s suspension until the conclusion of racing on Sunday 26th October 2008.
--Mr Robinson confirmed that he generally only rides in the South Island, and therefore the suspension will encompass meetings at South Canterbury on 2nd November, at Wingatui on 4th November, and the first day of the Cup Carnival at Riccarton on 8th November 2008.
--Mr Robinson will, therefore, be free to take engagements on the second and third days of the Cup Week at Riccarton.
----
K G Hales
--Chairman
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: f22346e37f730ffe38e7f114806d4599
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 19/10/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Ashburton RC - 19 October 2008 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As a result of an incident which occurred inside the final 300 metres of Race 7 at the Ashburton Racing Club’s meeting on Sunday 19th October 2008, Mr L M Robinson was charged with a breach of Rule 871 (1) (d) (careless riding).
As a result of an incident which occurred inside the final 300 metres of Race 7 at the Ashburton Racing Club’s meeting on Sunday 19th October 2008, Mr L M Robinson was charged with a breach of Rule 871 (1) (d) (careless riding).
--Mr Robinson denied the charge.
--Stipendiary Steward Mr S Ching called on Assistant Stipendiary Steward Mr J McLaughlin to present the evidence. Mr McLaughlin showed the incident using several different camera angles.
--Mr Robinson was, when he commenced the use of his whip, racing about three to four horse widths off the running rail. His horse began to move out whilst under the whip, and Mr Robinson made no effort to correct his horse’s outward movement. His horse continued on its outward movement and in the process took the line of Ms DS Johnson’s mount, BUFFALO SOLDIER.
--Mr Robinson called Ms Johnson to give evidence on his behalf. She said that she saw Mr Robinson’s mount “lugging across” and as a precautionary measure, she took her mount in hand and stood up in the saddle to ensure that there was no contact. She confirmed that the horses did not come into contact, as Mr Robinson came across her line. Mr Robinson also asked Ms Johnson if her mount was getting tired. She said it was “battling”.
--In cross examination, Mr Ching asked her if she steadied and checked her mount, because she saw Mr Robinson coming out towards her line. She agreed that was the case. She also confirmed that Mr Robinson was not his own horse length and another length clear at the time her line was taken.
--In his closing statement, Mr Robinson said he was firmly of the belief that Ms Johnson had not ridden her mount out. He said she was dropping off. He said he was instructed to ride in the clear. He was looking for clear space, and stated that he was more concerned with another horse on his outside.
--Mr Ching, in summary, said that Ms Johnson was using the whip, but quite properly took evasive action when she saw Mr Robinson coming across. He also noted that Mr Robinson was not his own length and another length clear when he came across Ms Johnson’s line.
--DECISION
--We have given careful consideration to all of the evidence. Ms Johnson was maintaining a racing line. Her horse may have been tiring. As to whether she had “dropped off” as Mr Robinson would have us believe, is something we will never know. However, what does appear to be very clear is that Mr Robinson came across her line and at the critical stage, was not his own length and another length clear when he took her line, as is required by the Rules of Racing. Ms Johnson was forced to steady and check her mount by standing up, as a proper precautionary measure.
--On that basis, we are satisfied that the charge has been proved.
--PENALTY DECISION
--Mr Ching told us that Mr Robinson had quite a good riding record. He received a five day suspension on 21 December 2007. Mr Ching maintained that the carelessness was in the medium to high range, and that Ms Johnson’s safety was compromised and that had she not taken the evasive action that she did, there could have been a fall of horses. He called for a suspension of between four and six days.
--Mr Robinson, notwithstanding our findings, maintained that he was innocent of the charge. He said that he would be happy with a fine. He further advised us that he had firm engagements for meetings on Friday 24th October and Sunday 26th October 2008.
--Insofar as penalty is concerned, we are firmly of the view that a suspension is called for. It was not, in our opinion, at the higher end of the scale, but we agree that had it not been for Ms Johnson’s actions, matters could have been more serious.
--We have had regard to Mr Robinson’s good riding record. A four day suspension, in our opinion, would be the starting point, but having regard to his good record, we are prepared to reduce the period of suspension to three days.
--We exercise our discretion by deferring the commencement of Mr Robinson’s suspension until the conclusion of racing on Sunday 26th October 2008.
--Mr Robinson confirmed that he generally only rides in the South Island, and therefore the suspension will encompass meetings at South Canterbury on 2nd November, at Wingatui on 4th November, and the first day of the Cup Carnival at Riccarton on 8th November 2008.
--Mr Robinson will, therefore, be free to take engagements on the second and third days of the Cup Week at Riccarton.
----
K G Hales
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 871.1.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 572c3330bec3cfa4b3b3c712c6418a36
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0a2e528786fc8789e4045ba9ed794834
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/10/2008
meet_title: Ashburton RC - 19 October 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Ashburton RC