Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Ashburton RC 11 February 2015 – R 4

ID: JCA10675

Applicant:
J M McLaughlin, Stipendiary Steward

Respondent(s):
J R Lowry, Licensed Apprentice Jockey (Class B)

Information Number:
A1938

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Ashburton RC - 11 February 2015

Meet Chair:
RMcKenzie

Race Date:
2015/02/11

Race Number:
R4

Decision:

Mr Lowry having admitted the breach, the charge of careless riding was found proved. 

Penalty:

Mr Lowry’s Apprentice Jockey’s (Class B) licence is suspended from after the conclusion of racing on Saturday, 14 February 2015 up to and including Friday, 27 February 2015 – effectively, 2 riding days. The 2 days are intended to be the meetings at Riccarton (Canterbury Jockey Club) on 20 February and Omakau (Central Otago Racing Club) on 27th February.

Facts:

Following the running of Race 4, Harness Jewels Packages Available Now Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr J R Lowry, alleging a breach of Rule 638 (1) (d) in that Mr Lowry, as the rider of BUCKWILD in the race, “passing the 100 metres allowed his mount to shift outwards and cause a check to DHAULAGIRI (S L Wynne)”.
 
Mr Lowry was present at the hearing of the information and he indicated that he admitted the breach. Mr Lowry was assisted at the hearing by Apprentice Jockey Mentor, Mr Willy Harnett.
 
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
    (d) careless.
 
Mr McLaughlin had Stipendiary Steward, Mr N M Ydgren, show head-on and side-on video replays of the relevant part of the race, inside the final 200 metres of the 1200 metres race. He pointed out Mr Lowry, riding BUCKWILD, in the lead with DHAULAGIRI (S L Wynne) on his outside and behind him. Mr McLaughlin said that, earlier in the straight, BUCKWILD had shown a tendency to lay outwards.
 
Mr Ydgren then pointed out BUCKWILD, when approximately 1 length clear of DHAULAGIRI with less than 100 metres to run and under a hard ride, shift outwards across the line of that horse. Miss Wynne had to check her mount. Mr Lowry made no attempt to correct his horse which was shifting outwards. Mr Lowry was barely his own length clear, and certainly not his own length and another length clear, Mr Ydgren submitted.
 
Mr Harnett submitted that BUCKWILD had shown a tendency to lay out but Mr Lowry did straighten it on an earlier occasion in the straight. However, he had allowed it to drift out “that last little bit” when the eventual winner of the race, WERRIBEE (C W Johnson), had come alongside him and Mr Lowry had become “competitive”. Mr Lowry had let his mount “roll out” in the heat of the moment, Mr Harnett submitted. He further submitted that the interference was at the lower end of the scale. The Committee noted that DHAULAGIRI had finished in 3rd placing, 2¼ lengths from the winner. Mr Lowry’s mount finished 2nd, beaten by a ½ head.
 
Mr Lowry said that he had straightened his mount once, but he did not check that he was fully clear of Miss Wynne. He was trying to get his horse over the line first when challenged by WERRIBEE, he said.

Submissions for Penalty:

Mr McLaughlin informed the Committee that Mr Lowry does not appear in the penalty records as having been previously charged with any breach.
 
Mr Lowry said that he has been riding for approximately 9 months. The ride on WERRIBEE was his 101st ride, he said.
 
Mr McLaughlin said that Mr Lowry is always very polite and upfront with the Stewards on any occasion when they have had to talk to him.  This offence was “minor, low end”, Mr McLaughlin submitted, and an appropriate penalty would be a suspension for 2 South Island riding days.
 
Mr Lowry sought a deferment until after the meeting of Southland Racing Club on 14th February where he had riding engagements. 

Reasons for Penalty:

In determining penalty, the Committee had regard, as mitigating factors, to Mr Lowry’s frank admission of the breach, his previous good record in 100 rides and that the breach was at the low end of a scale of carelessness. The Committee also had regard to the fact that Mr Lowry is an apprentice jockey riding, at this stage, exclusively in the South Island.
 
The Committee took a starting point of 5 riding days’ suspension as suggested in the Penalty Guide. It was appropriate, in this case, to allow a discount of 3 days for the mitigating and other factors referred to. 

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: 0fb731963aba7611ad12f9d98982a775


informantnumber: A1938


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 11/02/2015


hearing_title: Ashburton RC 11 February 2015 - R 4


charge:


facts:

Following the running of Race 4, Harness Jewels Packages Available Now Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr J R Lowry, alleging a breach of Rule 638 (1) (d) in that Mr Lowry, as the rider of BUCKWILD in the race, “passing the 100 metres allowed his mount to shift outwards and cause a check to DHAULAGIRI (S L Wynne)”.
 
Mr Lowry was present at the hearing of the information and he indicated that he admitted the breach. Mr Lowry was assisted at the hearing by Apprentice Jockey Mentor, Mr Willy Harnett.
 
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
    (d) careless.
 
Mr McLaughlin had Stipendiary Steward, Mr N M Ydgren, show head-on and side-on video replays of the relevant part of the race, inside the final 200 metres of the 1200 metres race. He pointed out Mr Lowry, riding BUCKWILD, in the lead with DHAULAGIRI (S L Wynne) on his outside and behind him. Mr McLaughlin said that, earlier in the straight, BUCKWILD had shown a tendency to lay outwards.
 
Mr Ydgren then pointed out BUCKWILD, when approximately 1 length clear of DHAULAGIRI with less than 100 metres to run and under a hard ride, shift outwards across the line of that horse. Miss Wynne had to check her mount. Mr Lowry made no attempt to correct his horse which was shifting outwards. Mr Lowry was barely his own length clear, and certainly not his own length and another length clear, Mr Ydgren submitted.
 
Mr Harnett submitted that BUCKWILD had shown a tendency to lay out but Mr Lowry did straighten it on an earlier occasion in the straight. However, he had allowed it to drift out “that last little bit” when the eventual winner of the race, WERRIBEE (C W Johnson), had come alongside him and Mr Lowry had become “competitive”. Mr Lowry had let his mount “roll out” in the heat of the moment, Mr Harnett submitted. He further submitted that the interference was at the lower end of the scale. The Committee noted that DHAULAGIRI had finished in 3rd placing, 2¼ lengths from the winner. Mr Lowry’s mount finished 2nd, beaten by a ½ head.
 
Mr Lowry said that he had straightened his mount once, but he did not check that he was fully clear of Miss Wynne. He was trying to get his horse over the line first when challenged by WERRIBEE, he said.

appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Lowry having admitted the breach, the charge of careless riding was found proved. 

sumissionsforpenalty:

Mr McLaughlin informed the Committee that Mr Lowry does not appear in the penalty records as having been previously charged with any breach.
 
Mr Lowry said that he has been riding for approximately 9 months. The ride on WERRIBEE was his 101st ride, he said.
 
Mr McLaughlin said that Mr Lowry is always very polite and upfront with the Stewards on any occasion when they have had to talk to him.  This offence was “minor, low end”, Mr McLaughlin submitted, and an appropriate penalty would be a suspension for 2 South Island riding days.
 
Mr Lowry sought a deferment until after the meeting of Southland Racing Club on 14th February where he had riding engagements. 

reasonsforpenalty:

In determining penalty, the Committee had regard, as mitigating factors, to Mr Lowry’s frank admission of the breach, his previous good record in 100 rides and that the breach was at the low end of a scale of carelessness. The Committee also had regard to the fact that Mr Lowry is an apprentice jockey riding, at this stage, exclusively in the South Island.
 
The Committee took a starting point of 5 riding days’ suspension as suggested in the Penalty Guide. It was appropriate, in this case, to allow a discount of 3 days for the mitigating and other factors referred to. 

penalty:

Mr Lowry’s Apprentice Jockey’s (Class B) licence is suspended from after the conclusion of racing on Saturday, 14 February 2015 up to and including Friday, 27 February 2015 – effectively, 2 riding days. The 2 days are intended to be the meetings at Riccarton (Canterbury Jockey Club) on 20 February and Omakau (Central Otago Racing Club) on 27th February.

hearing_type: Hearing


Rules: 638(1)(d)


Informant: J M McLaughlin, Stipendiary Steward


JockeysandTrainer: J R Lowry, Licensed Apprentice Jockey (Class B)


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 52e6db0790acc181a82b1fb139b5f512


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c71ae4fe908c8aa7ba7809ee52a041cd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/02/2015


meet_title: Ashburton RC - 11 February 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: none


meet_pm2: none


name: Ashburton RC