Archive Decision

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Ashburton RC 10 May 2019 – R 3 – Chair, Mr D Anderson

ID: JCA10870

Applicant:
Mr J McLaughlin - Stipendiary Steward

Respondent(s):
Mr C Johnson - Class A Rider

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A11454

Hearing Type:
Hearing

New Charge:
Alleged breach of Rule 638(1)(d) - Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Ashburton RC - 10 May 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
GClapp

Race Date:
2019/05/10

Race Number:
R 3

Decision:

As Mr Johnson had admitted the breach, the charge was found proved.

Penalty:

Accordingly, we suspend Mr Johnson’s licence from the conclusion of racing on the 12th May 2019 up to and including racing on the 22nd May 2019.

Facts:

Following the running of Race 3 the NZB INSURANCE PEARL SERIES RACE, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Mr C Johnson the rider of KANUMISS, alleging careless riding in that “C Johnson allowed KANUMISS to shift in at the 350 metres when not clear of ROCKWITHME (K Mudhoo) which had to be steadied and checked.”

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Johnson had indicated on the Information this breach of the Rules was admitted and he confirmed this at the hearing. Mr Johnson also agreed that he understood the charge and the Rule it was brought under.

Mr Coles gave evidence and used video coverage to show KANUMISS (Mr Johnson) racing approximately 5 wide entering the home straight. He pointed to Mr Johnson allowing his mount to drift into the racing line of ROCKWITHME (Mr K Mudhoo) who was checked. Mr Coles said Mr Johnson has shifted inwards just over a horse width and had made little effort to correct his horse until it was too late. He estimated that Mr Johnson wasn’t a length clear when crossing Mr Mudhoo and although his horse did appear to be hanging slightly, he just didn’t do enough and misjudged the situation.

Mr McLaughlin added this incident could best be described as a lazy manoeuvre from Mr Johnson.

Mr Johnson had nothing to add to the submissions presented.

Submissions for Penalty:

Mr McLaughlin stated Mr Johnson has had five breaches of this rule in the last 12 months.

He said the Stewards viewed this as a low range breach and that Mr Johnson’s last breach of the rule was in December last year. He said a suspension of 6 or 7 days would be appropriate in this case.

Mr Johnson had no submissions to make on penalty.

Reasons for Penalty:

In determining penalty, the Committee agree this is a low range breach and have adopted the JCA Penalty Guide starting point for such breach, which is a 6-day suspension.

The aggravating factor to consider is this is Mr Johnson’s sixth breach in the 12-month period a record which could be described as fair even with regard to the quantity of rides he has in a year.

In mitigation, Mr Johnson has admitted the breach at the earliest opportunity.

The Committee in considering all the above factors impose a 6-day suspension as an appropriate penalty.

Deferment was discussed and as riders were declared for Ascot Park on Sunday, Mr Johnson asked to start his suspension after that days racing.

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: 0ccb0feb689af451c51d82770b2ebd9a


informantnumber: A11454


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Alleged breach of Rule 638(1)(d) - Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 13/05/2019


hearing_title: Ashburton RC 10 May 2019 - R 3 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 3 the NZB INSURANCE PEARL SERIES RACE, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Mr C Johnson the rider of KANUMISS, alleging careless riding in that “C Johnson allowed KANUMISS to shift in at the 350 metres when not clear of ROCKWITHME (K Mudhoo) which had to be steadied and checked.”

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Johnson had indicated on the Information this breach of the Rules was admitted and he confirmed this at the hearing. Mr Johnson also agreed that he understood the charge and the Rule it was brought under.

Mr Coles gave evidence and used video coverage to show KANUMISS (Mr Johnson) racing approximately 5 wide entering the home straight. He pointed to Mr Johnson allowing his mount to drift into the racing line of ROCKWITHME (Mr K Mudhoo) who was checked. Mr Coles said Mr Johnson has shifted inwards just over a horse width and had made little effort to correct his horse until it was too late. He estimated that Mr Johnson wasn’t a length clear when crossing Mr Mudhoo and although his horse did appear to be hanging slightly, he just didn’t do enough and misjudged the situation.

Mr McLaughlin added this incident could best be described as a lazy manoeuvre from Mr Johnson.

Mr Johnson had nothing to add to the submissions presented.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Johnson had admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr McLaughlin stated Mr Johnson has had five breaches of this rule in the last 12 months.

He said the Stewards viewed this as a low range breach and that Mr Johnson’s last breach of the rule was in December last year. He said a suspension of 6 or 7 days would be appropriate in this case.

Mr Johnson had no submissions to make on penalty.


reasonsforpenalty:

In determining penalty, the Committee agree this is a low range breach and have adopted the JCA Penalty Guide starting point for such breach, which is a 6-day suspension.

The aggravating factor to consider is this is Mr Johnson’s sixth breach in the 12-month period a record which could be described as fair even with regard to the quantity of rides he has in a year.

In mitigation, Mr Johnson has admitted the breach at the earliest opportunity.

The Committee in considering all the above factors impose a 6-day suspension as an appropriate penalty.

Deferment was discussed and as riders were declared for Ascot Park on Sunday, Mr Johnson asked to start his suspension after that days racing.


penalty:

Accordingly, we suspend Mr Johnson’s licence from the conclusion of racing on the 12th May 2019 up to and including racing on the 22nd May 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J McLaughlin - Stipendiary Steward


JockeysandTrainer: Mr C Johnson - Class A Rider


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d6c52a0b8bd18b57ac43211f79bf6e10


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


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meetdate: 10/05/2019


meet_title: Ashburton RC - 10 May 2019


meet_expappcomment:


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tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: DAnderson


meet_pm1: GClapp


meet_pm2: none


name: Ashburton RC