Ashburton RC 7 July 2017 – R 6 – Chair, Mr D Anderson
ID: JCA12630
Code:
Thoroughbred
Meet Title:
Ashburton RC - 7 July 2017
Meet Chair:
DAnderson
Meet Committee Member 1:
SChing
Race Date:
2017/07/07
Race Number:
R 6
Decision:
As Mr Lowry admitted the breach the charge was found proved.
Penalty:
Mr Lowry's licence is suspended at the close of racing today up to and including racing on the 28th July 2017. The meetings encompassed in this suspension are: -
14 July at Timaru
23 July at Oamaru
28 July at Timaru
Facts:
Following the running of race 6, the J J LTD 1400, an Information was filed by Stipendiary Steward, Mr J McLaughlin alleging a breach of rule 638(l)(d). The Information stated that Mr Lowry allowed his mount "Fire Lily " to shift outwards causing "Lady Davone" (A Collett) to be checked in the shadows of the post.
Rule 638(l)(d) reads as follows:
"(]) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless"
Mr Lowry had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Lowry also agreed that he understood the charge and the Rule it was brought under. Mr Lowry was asked if he required representation at the hearing but stated that he was comfortable without assistance.
Mr Davidson used the race video to identify "Fire Lily" and Mr Lowry racing behind the leading horses with approximately I00 metres to run. He pointed to Mr Lowry angling out and across the heels of the leading horses and into the racing line of "Lady Davone" (Miss A Collett) who had to be checked. Mr Davidson said that at the same time there was some inward pressure on Miss Collett but that Mr Lowry had misjudged his manoeuvre.
Mr Lowry agreed with the description of the incident and added that "horses needed to be steered" and admitted he had failed to do so in this instance.
Submissions for Penalty:
Mr McLaughlin said that Mr Lowry has had 3 previous breaches of this rule in the last 6 months. He was suspended at Gore in January for 2 days and then at Riccarton in February for 3 days. His last breach was at Timaru in June receiving 3 days.
Mr McLaughlin said the Stewards saw this breach at the low end of the spectrum and a suspension of 3 days would be an appropriate penalty.
Mr Lowry had no submissions on penalty.
When deferment was discussed Mr Lowry said he had no imminent commitments and asked for any suspension be started immediately.
Reasons for Penalty:
The Committee assessed this breach at a mid to low degree and have taken the JCA Penalty Guide starting point for a South Island rider, which is a three day suspension for a breach in this range.
The aggravating factor is Mr Lowry' s record which we consider to be poor, and this commands an uplift in penalty. We set this at one day which lifts the penalty to 4 days.
In mitigation, we can afford Mr Lowry a discount for his admission of the breach which we set at I day.
We therefore determine that a 3 day suspension is an appropriate penalty in this case.
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: 41bba0aad4708b82edb05361f6e34fc0
informantnumber: A9503
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 09/07/2017
hearing_title: Ashburton RC 7 July 2017 - R 6 - Chair, Mr D Anderson
charge:
facts:
Following the running of race 6, the J J LTD 1400, an Information was filed by Stipendiary Steward, Mr J McLaughlin alleging a breach of rule 638(l)(d). The Information stated that Mr Lowry allowed his mount "Fire Lily " to shift outwards causing "Lady Davone" (A Collett) to be checked in the shadows of the post.
Rule 638(l)(d) reads as follows:
"(]) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless"
Mr Lowry had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Lowry also agreed that he understood the charge and the Rule it was brought under. Mr Lowry was asked if he required representation at the hearing but stated that he was comfortable without assistance.
Mr Davidson used the race video to identify "Fire Lily" and Mr Lowry racing behind the leading horses with approximately I00 metres to run. He pointed to Mr Lowry angling out and across the heels of the leading horses and into the racing line of "Lady Davone" (Miss A Collett) who had to be checked. Mr Davidson said that at the same time there was some inward pressure on Miss Collett but that Mr Lowry had misjudged his manoeuvre.
Mr Lowry agreed with the description of the incident and added that "horses needed to be steered" and admitted he had failed to do so in this instance.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Lowry admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin said that Mr Lowry has had 3 previous breaches of this rule in the last 6 months. He was suspended at Gore in January for 2 days and then at Riccarton in February for 3 days. His last breach was at Timaru in June receiving 3 days.
Mr McLaughlin said the Stewards saw this breach at the low end of the spectrum and a suspension of 3 days would be an appropriate penalty.
Mr Lowry had no submissions on penalty.
When deferment was discussed Mr Lowry said he had no imminent commitments and asked for any suspension be started immediately.
reasonsforpenalty:
The Committee assessed this breach at a mid to low degree and have taken the JCA Penalty Guide starting point for a South Island rider, which is a three day suspension for a breach in this range.
The aggravating factor is Mr Lowry' s record which we consider to be poor, and this commands an uplift in penalty. We set this at one day which lifts the penalty to 4 days.
In mitigation, we can afford Mr Lowry a discount for his admission of the breach which we set at I day.
We therefore determine that a 3 day suspension is an appropriate penalty in this case.
penalty:
Mr Lowry's licence is suspended at the close of racing today up to and including racing on the 28th July 2017. The meetings encompassed in this suspension are: -
14 July at Timaru
23 July at Oamaru
28 July at Timaru
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr J Lowry - Class B Rider
Otherperson: Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: fce5c85514c1278612a686d6c0ddd2a3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 99385df39da19a9c6dd2f04ca1328cf4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/07/2017
meet_title: Ashburton RC - 7 July 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: DAnderson
meet_pm1: SChing
meet_pm2: none
name: Ashburton RC