Ashburton RC 1 September 2017 – R 8 – Chair, Mr R McKenzie
ID: JCA15566
Code:
Thoroughbred
Meet Title:
Ashburton RC - 1 September 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/09/01
Race Number:
R8
Decision:
The charge was found proved.
Penalty:
Mr Lowry’s Apprentice Jockey’s licence (Class B) was suspended from after the close of racing today up to and including 15 September next (2 days). The meetings intended to be encompassed by the period of suspension are Canterbury JC on 9 September and Otago RC on 15 September 2017.
Facts:
Following the running of Race 8, Fiona Stuart Retirement Maiden, an information was filed by Stipendiary Steward, Mr JM McLaughlin, against Licensed Apprentice Jockey (Class B), Mr JR Lowry, alleging that Mr Lowry, as the rider of FORGED in the race, rode carelessly in the final straight.
Mr Lowry was present at the hearing of the information. He indicated that he understood the charge and that he denied the breach. He was assisted at the hearing by Licensed Open Jockey (Class A), Mr T R Moseley.
Rule 638 provides as follows:
(3) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless
Submissions for Decision:
Mr McLaughlin had Stipendiary Steward, Mr A G Coles, show video replays of the final 300 metres of the race. He pointed out FORGED, ridden by Mr Lowry, and HIGH PLAY, ridden by Mr D Prastiyou, to the outside of that runner. Mr Coles estimated that Mr Lowry was some 6-7 horse widths out from the inside rail. In the straight, Mr Lowry’s mount drifted out and continued to do so while being ridden with the whip and hands and heels. Mr Lowry stopped briefly at one point and made an attempt to straighten his mount. He went back to riding with the whip and continued to shift out taking Mr Prastiyou’s mount wider, although it could be said that, at one point, HIGH PLAY was shifting away from FORGED. It was Mr Lowry’s responsibility to stop riding his mount out and make a greater effort to straighten it.
Mr Lowry said that the only contact with Mr Prastiyou’s mount was inside the final 50 metres of the race. He submitted that Mr Prastiyou’s mount had shifted out as much as his had. He submitted that, at the point of contact, he did stop riding and straighten. He was riding competitively in a tight finish and he had done everything possible to straighten his mount. HIGH PLAY was also shifting out while being ridden with the whip, Mr Lowry submitted.
Mr Moseley agreed that Mr Lowry may not have stopped riding but his mount was hanging. He submitted that Mr Lowry had attempted on several occasions to turn his horse’s head. He submitted that the horse had been getting tired in the testing conditions and this may have contributed.
Mr McLaughlin put it to Mr Lowry that his mount had been shifting out for most of the run home while he continued to use his whip. A prudent rider would put his whip away and straighten his mount. Mr Lowry had showed no concern for the horse and rider on his outside, Mr McLaughlin submitted.
Reasons for Decision:
A rider has a clear obligation to maintain as straight a course as possible and not inconvenience another runner or runners. Mr Lowry, in this case, was required to stop riding his mount out and to straighten it. While he may have made a couple of brief attempts to do so, the Committee found such attempts to be insufficient and he continued to ride his mount out while it continued its outwards movement. It does not excuse Mr Lowry if, as he claimed, the runner to his outside was also shifting out.
The Committee was satisfied that Mr Lowry’s riding over the final 200 metres fell short of the standard of a reasonable and prudent rider and we are satisfied that he has ridden carelessly.
Submissions for Penalty:
Mr McLaughlin informed the Committee that Mr Lowry has incurred four suspensions in the last 12 months – 3 days on 7th July, 3 days on 6th June, 3 days on 2nd February and 2 days on 21 January 2017. This was a low-end breach and an appropriate penalty would be a suspension for no more than 2 weeks, which would be a suspension for 2 South Island days, Mr McLaughlin submitted.
Mr Moseley submitted that the Committee should have regard to the fact that there had been no risk of injury to another rider or horse.
Mr Lowry said that he is currently struggling to keep his weight down. He enquired whether the Committee would be prepared to consider a fine.
Mr McLaughlin said that Stewards would be opposed to a fine.
Reasons for Penalty:
The Penalty Guide provides a starting point for penalty for careless riding by a South Island rider of 3 riding days. Mr McLaughlin’s submission in this case was for a suspension of no more than 2 weeks which, in the Committee’s view, was most lenient having regard to that starting point and Mr Lowry’s record, which is not good.
For a number of reasons, the Committee is prepared to impose a penalty of 2 weeks or 2 South Island riding days. Firstly, Mr McLaughlin has submitted that should be the maximum penalty. Secondly, the breach was low-end. Thirdly, and importantly, the Committee is extending leniency to Mr Lowry, being aware of the weight issues that he has been experiencing. Any term of suspension in excess of 2 days would not assist him in dealing with those issues. Taking into account the totality of those reasons, the Committee is prepared to impose a penalty in line with that submitted by Mr McLaughlin.
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: b4b1f5defbbf550c52ba7675f079d9ca
informantnumber: A09513
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 04/09/2017
hearing_title: Ashburton RC 1 September 2017 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Fiona Stuart Retirement Maiden, an information was filed by Stipendiary Steward, Mr JM McLaughlin, against Licensed Apprentice Jockey (Class B), Mr JR Lowry, alleging that Mr Lowry, as the rider of FORGED in the race, rode carelessly in the final straight.
Mr Lowry was present at the hearing of the information. He indicated that he understood the charge and that he denied the breach. He was assisted at the hearing by Licensed Open Jockey (Class A), Mr T R Moseley.
Rule 638 provides as follows:
(3) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless
appealdecision:
isappeal:
submissionsfordecision:
Mr McLaughlin had Stipendiary Steward, Mr A G Coles, show video replays of the final 300 metres of the race. He pointed out FORGED, ridden by Mr Lowry, and HIGH PLAY, ridden by Mr D Prastiyou, to the outside of that runner. Mr Coles estimated that Mr Lowry was some 6-7 horse widths out from the inside rail. In the straight, Mr Lowry’s mount drifted out and continued to do so while being ridden with the whip and hands and heels. Mr Lowry stopped briefly at one point and made an attempt to straighten his mount. He went back to riding with the whip and continued to shift out taking Mr Prastiyou’s mount wider, although it could be said that, at one point, HIGH PLAY was shifting away from FORGED. It was Mr Lowry’s responsibility to stop riding his mount out and make a greater effort to straighten it.
Mr Lowry said that the only contact with Mr Prastiyou’s mount was inside the final 50 metres of the race. He submitted that Mr Prastiyou’s mount had shifted out as much as his had. He submitted that, at the point of contact, he did stop riding and straighten. He was riding competitively in a tight finish and he had done everything possible to straighten his mount. HIGH PLAY was also shifting out while being ridden with the whip, Mr Lowry submitted.
Mr Moseley agreed that Mr Lowry may not have stopped riding but his mount was hanging. He submitted that Mr Lowry had attempted on several occasions to turn his horse’s head. He submitted that the horse had been getting tired in the testing conditions and this may have contributed.
Mr McLaughlin put it to Mr Lowry that his mount had been shifting out for most of the run home while he continued to use his whip. A prudent rider would put his whip away and straighten his mount. Mr Lowry had showed no concern for the horse and rider on his outside, Mr McLaughlin submitted.
reasonsfordecision:
A rider has a clear obligation to maintain as straight a course as possible and not inconvenience another runner or runners. Mr Lowry, in this case, was required to stop riding his mount out and to straighten it. While he may have made a couple of brief attempts to do so, the Committee found such attempts to be insufficient and he continued to ride his mount out while it continued its outwards movement. It does not excuse Mr Lowry if, as he claimed, the runner to his outside was also shifting out.
The Committee was satisfied that Mr Lowry’s riding over the final 200 metres fell short of the standard of a reasonable and prudent rider and we are satisfied that he has ridden carelessly.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr McLaughlin informed the Committee that Mr Lowry has incurred four suspensions in the last 12 months – 3 days on 7th July, 3 days on 6th June, 3 days on 2nd February and 2 days on 21 January 2017. This was a low-end breach and an appropriate penalty would be a suspension for no more than 2 weeks, which would be a suspension for 2 South Island days, Mr McLaughlin submitted.
Mr Moseley submitted that the Committee should have regard to the fact that there had been no risk of injury to another rider or horse.
Mr Lowry said that he is currently struggling to keep his weight down. He enquired whether the Committee would be prepared to consider a fine.
Mr McLaughlin said that Stewards would be opposed to a fine.
reasonsforpenalty:
The Penalty Guide provides a starting point for penalty for careless riding by a South Island rider of 3 riding days. Mr McLaughlin’s submission in this case was for a suspension of no more than 2 weeks which, in the Committee’s view, was most lenient having regard to that starting point and Mr Lowry’s record, which is not good.
For a number of reasons, the Committee is prepared to impose a penalty of 2 weeks or 2 South Island riding days. Firstly, Mr McLaughlin has submitted that should be the maximum penalty. Secondly, the breach was low-end. Thirdly, and importantly, the Committee is extending leniency to Mr Lowry, being aware of the weight issues that he has been experiencing. Any term of suspension in excess of 2 days would not assist him in dealing with those issues. Taking into account the totality of those reasons, the Committee is prepared to impose a penalty in line with that submitted by Mr McLaughlin.
penalty:
Mr Lowry’s Apprentice Jockey’s licence (Class B) was suspended from after the close of racing today up to and including 15 September next (2 days). The meetings intended to be encompassed by the period of suspension are Canterbury JC on 9 September and Otago RC on 15 September 2017.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr JM McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr JR Lowry - Licensed Apprentice Jockey (Class B)
Otherperson: Mr TR Moseley - Licensed Jocky (Class A) assisting Mr Lowry, Mr AG Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7610d97abaf08a933a2c450fca006222
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
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meetdate: 01/09/2017
meet_title: Ashburton RC - 1 September 2017
meet_expappcomment:
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meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
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name: Ashburton RC