Ashburton RC 18 October 2020 – R 6 – Chair, Mr R McKenzie
ID: JCA15343
Code:
Thoroughbred
Meet Title:
Ashburton RC - 18 October 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2020/10/18
Race Number:
R6
Decision:
Mr Toolooa having admitted the breach, the charge was found proved.
Penalty:
Mr Toolooa’s application for a deferment of suspension is granted.
His Apprentice Jockey’s Licence (Class B) is suspended for a period from after the conclusion of racing on 24 October 2020, up to and including 31 October 2020 – 5 national riding days.
Facts:
Following the running of Race 6, McCrea Painters & Decorators Ashburton Cup, an Information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr S Toolooa, alleging that Mr Toolooa, as the rider of DON CARLO in the race, “allowed his mount to shift in when not clear of SABER (T Jonker) who was dictated on to MISS FEDERER (K Asano) who was crowded, contacting the rail and losing ground”.
Mr Toolooa was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr D M Walsh.
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 Oatham had Stipendiary Steward, Mr M R Davidson, show the available video replays of the incident after approximately 300 metres of the 1200 metres race.
He pointed out, on a head-on video replay, DON CARLO, ridden by Mr Toolooa, which had drawn the outside barrier in the 11-horse field. SABER (T Jonker) had drawn barrier 9 and MISS FEDERER (K Asano) barrier 4. He showed MISS FEDERER racing on the rail with SABER to its outside. DON CARLO was going forward on the outside of those two runners towards the lead shortly after the start, with Mr Toolooa looking to his inside and looking to shift in. Miss Jonker was yelling to him. Mr Davidson said that Mr Toolooa did, initially, try to stay out but, as they approached the bend out of the back straight, the head of DON CARLO could be seen to be turned in, and the horse shifted in at that point. There was no room for Miss Jonker to relieve the pressure on Mr Asano whose mount made contact with the running rail and lost ground quickly.
Mr Davidson then showed the incident on a side-on video replay. Mr Toolooa was only about ¾ length clear of Miss Jonker, he submitted, when he shifted in.
Mr Walsh said that Mr Toolooa had admitted the breach and it was clear that there had been interference. He submitted that Mr Toolooa may not have been aware of the presence of MISS FEDERER on the rail, and Miss Jonker did not assist by continuing to “hunt up” to hold Mr Toolooa out. He also suggested that Mr Asano could have eased when he saw what was happening. Both of those riders could have read the situation better, he submitted.
Mr Oatham said that he could not disagree with some of what Mr Walsh had said but it was, clearly, Mr Toolooa’s obligation to allow sufficient room for runners on his inside. Miss Jonker was entitled to hold her ground and she was always within a length of Mr Toolooa.
Submissions for Penalty:
Mr Oatham said that Mr Toolooa has a very good record – his last breach of the careless riding rule was in June 2019. He has a clear record in approximately 200 rides since then, which is very good for an apprentice at this stage of his career. Stewards saw the incident as “a touch below” mid-range, he said. Taking this into account together with Mr Toolooa’s record and his admission of the breach, Stewards were submitting that a 5 national riding days suspension was an appropriate penalty.
Mr Toolooa sought a deferment of suspension until after 24 October. Mr Walsh asked the Committee to give weight to Mr Toolooa’s record which was a credit to him, he submitted.
Reasons for Penalty:
The Committee agrees with the assessment of the Stewards that the degree of carelessness, in this case, is in the low-to-mid range. However, for the purposes of penalty in this case we have taken the low-range Penalty Guide starting point of 6 national riding days, as the consequences of Mr Toolooa’s carelessness were minimal and the breach was nearer the low end.
His record, a very good one for an apprentice, and his admission of the breach are clear mitigating factors for which we can give Mr Toolooa credit. This credit we fix at 1 day.
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: 873327403112bd99a849bf79bab89164
informantnumber: A11958
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 20/10/2020
hearing_title: Ashburton RC 18 October 2020 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, McCrea Painters & Decorators Ashburton Cup, an Information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr S Toolooa, alleging that Mr Toolooa, as the rider of DON CARLO in the race, “allowed his mount to shift in when not clear of SABER (T Jonker) who was dictated on to MISS FEDERER (K Asano) who was crowded, contacting the rail and losing ground”.
Mr Toolooa was present at the hearing of the information and he indicated that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr D M Walsh.
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 Oatham had Stipendiary Steward, Mr M R Davidson, show the available video replays of the incident after approximately 300 metres of the 1200 metres race.
He pointed out, on a head-on video replay, DON CARLO, ridden by Mr Toolooa, which had drawn the outside barrier in the 11-horse field. SABER (T Jonker) had drawn barrier 9 and MISS FEDERER (K Asano) barrier 4. He showed MISS FEDERER racing on the rail with SABER to its outside. DON CARLO was going forward on the outside of those two runners towards the lead shortly after the start, with Mr Toolooa looking to his inside and looking to shift in. Miss Jonker was yelling to him. Mr Davidson said that Mr Toolooa did, initially, try to stay out but, as they approached the bend out of the back straight, the head of DON CARLO could be seen to be turned in, and the horse shifted in at that point. There was no room for Miss Jonker to relieve the pressure on Mr Asano whose mount made contact with the running rail and lost ground quickly.
Mr Davidson then showed the incident on a side-on video replay. Mr Toolooa was only about ¾ length clear of Miss Jonker, he submitted, when he shifted in.
Mr Walsh said that Mr Toolooa had admitted the breach and it was clear that there had been interference. He submitted that Mr Toolooa may not have been aware of the presence of MISS FEDERER on the rail, and Miss Jonker did not assist by continuing to “hunt up” to hold Mr Toolooa out. He also suggested that Mr Asano could have eased when he saw what was happening. Both of those riders could have read the situation better, he submitted.
Mr Oatham said that he could not disagree with some of what Mr Walsh had said but it was, clearly, Mr Toolooa’s obligation to allow sufficient room for runners on his inside. Miss Jonker was entitled to hold her ground and she was always within a length of Mr Toolooa.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Toolooa having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Oatham said that Mr Toolooa has a very good record – his last breach of the careless riding rule was in June 2019. He has a clear record in approximately 200 rides since then, which is very good for an apprentice at this stage of his career. Stewards saw the incident as “a touch below” mid-range, he said. Taking this into account together with Mr Toolooa’s record and his admission of the breach, Stewards were submitting that a 5 national riding days suspension was an appropriate penalty.
Mr Toolooa sought a deferment of suspension until after 24 October. Mr Walsh asked the Committee to give weight to Mr Toolooa’s record which was a credit to him, he submitted.
reasonsforpenalty:
The Committee agrees with the assessment of the Stewards that the degree of carelessness, in this case, is in the low-to-mid range. However, for the purposes of penalty in this case we have taken the low-range Penalty Guide starting point of 6 national riding days, as the consequences of Mr Toolooa’s carelessness were minimal and the breach was nearer the low end.
His record, a very good one for an apprentice, and his admission of the breach are clear mitigating factors for which we can give Mr Toolooa credit. This credit we fix at 1 day.
penalty:
Mr Toolooa’s application for a deferment of suspension is granted.
His Apprentice Jockey’s Licence (Class B) is suspended for a period from after the conclusion of racing on 24 October 2020, up to and including 31 October 2020 – 5 national riding days.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J P Oatham, Chief Stipendiary Steward
JockeysandTrainer: S Toolooa, Licensed Apprentice Jockey (Class B)
Otherperson: D M Walsh, Apprentice Jockey Mentor, Mr M R Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6f400d8463fd7cdeaa03dbecf76073df
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race_emailed1: 0
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race_title: R6
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meetdate: 18/10/2020
meet_title: Ashburton RC - 18 October 2020
meet_expappcomment:
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meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
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name: Ashburton RC