Archive Decision

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Auckland RC 3 November 2015 – R 6 – Chair, Mr R Seabrook

ID: JCA15274

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Miss D Johnson Rider Of Vavasour

Information Number:
6923

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638 (1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 3 November 2015

Meet Chair:
RSeabrook

Meet Committee Member 1:
AGodsalve

Race Date:
2015/11/03

Race Number:
Race 6

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Accordingly after taking all the above factors into account and also considering Miss Johnson will be missing two premier days we find the appropriate penalty is a 6 day suspension.  Under the provisions of rule 1106 (2) we suspend Miss Johnson's riding licence from after racing on 7 November until after the conclusion of racing on 14 November (6 days). 

These days include Hastings 8th November, Waipa 10th, Riccarton 11th, Awapuni 12th, Dargaville 13th and Riccarton 14th November.

Facts:

Following race 6, the Sofitel Hotels Luxury Stakes, an information was filed pursuant to rule 638 (1) (d).  The informant alleged that Miss D Johnson permitted her mount VAVASOUR to shift inwards when not sufficiently clear of SORIANO which was checked near the 200 metres. 

Rule 638 (1) (d) reads:  a rider shall not ride a horse in a manner which the judicial committee considers to be careless.

Mr Oatham opened his submissions by saying that the present charge against Miss Johnson had been well demonstrated and discussed at the protest hearing involving the same incident. He said he had nothing further to add other than repeating that Miss Johnson was not the required distance clear when moving in.

Miss Johnson had nothing further to say as all the evidence had been well debated at the protest hearing.

Submissions for Penalty:

Mr Oatham commenced by producing Miss Johnson's record which he said was not a particularly good one although this was her first charge for 6 months.  He said she had incurred 6 suspensions in the last 12 months. Mr Oatham submitted this breach was in the mid to high range and the consequences were severe. He reminded the committee that it was a Group 3 race for $70,000 and a relegation had resulted in Miss Johnson's mount being relegated from 2nd to 4th. Mr Oatham believed a suspension in the 6 to 7 days range would be appropriate.

Miss Johnson reminded the committee this was her first charge for 6 months and she had confirmed rides until the conclusion of racing at Riccarton on the 7th November. She added that she had several Group rides following that and asked the committee if she could have a 5 day suspension and a fine to enable her to ride at Riccarton on the 14th November in the Coupland's mile.  Miss Johnson also confirmed she had been riding throughout the North Island including industry days.

Reasons for Penalty:

The committee carefully discussed the evidence and submissions surrounding the charge. The only mitigating factor is Miss Johnson's admission of the breach. There are several aggravating factors not the least of which is Miss Johnson's record of 6 suspensions in the last 12 months.The status of the race being a Group 3 race for $70,000 and her mount being relegated from 2nd to 4th is also very relevant in determination of penalty. Finally we find Ms Johnson's level of carelessness in the mid-high range.  This was because she moved in when insufficeintly clear causing a severe check to SORIANO.  The committee did consider Miss Johnson's request of a fine and a suspension but because of the aggravating factors mentioned above and in particular her poor record we believe this would be inappropriate. 

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: 7dc2b6e53fdf3eb794e0093126a165e5


informantnumber: 6923


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 05/11/2015


hearing_title: Auckland RC 3 November 2015 - R 6 - Chair, Mr R Seabrook


charge:


facts:

Following race 6, the Sofitel Hotels Luxury Stakes, an information was filed pursuant to rule 638 (1) (d).  The informant alleged that Miss D Johnson permitted her mount VAVASOUR to shift inwards when not sufficiently clear of SORIANO which was checked near the 200 metres. 

Rule 638 (1) (d) reads:  a rider shall not ride a horse in a manner which the judicial committee considers to be careless.

Mr Oatham opened his submissions by saying that the present charge against Miss Johnson had been well demonstrated and discussed at the protest hearing involving the same incident. He said he had nothing further to add other than repeating that Miss Johnson was not the required distance clear when moving in.

Miss Johnson had nothing further to say as all the evidence had been well debated at the protest hearing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham commenced by producing Miss Johnson's record which he said was not a particularly good one although this was her first charge for 6 months.  He said she had incurred 6 suspensions in the last 12 months. Mr Oatham submitted this breach was in the mid to high range and the consequences were severe. He reminded the committee that it was a Group 3 race for $70,000 and a relegation had resulted in Miss Johnson's mount being relegated from 2nd to 4th. Mr Oatham believed a suspension in the 6 to 7 days range would be appropriate.

Miss Johnson reminded the committee this was her first charge for 6 months and she had confirmed rides until the conclusion of racing at Riccarton on the 7th November. She added that she had several Group rides following that and asked the committee if she could have a 5 day suspension and a fine to enable her to ride at Riccarton on the 14th November in the Coupland's mile.  Miss Johnson also confirmed she had been riding throughout the North Island including industry days.


reasonsforpenalty:

The committee carefully discussed the evidence and submissions surrounding the charge. The only mitigating factor is Miss Johnson's admission of the breach. There are several aggravating factors not the least of which is Miss Johnson's record of 6 suspensions in the last 12 months.The status of the race being a Group 3 race for $70,000 and her mount being relegated from 2nd to 4th is also very relevant in determination of penalty. Finally we find Ms Johnson's level of carelessness in the mid-high range.  This was because she moved in when insufficeintly clear causing a severe check to SORIANO.  The committee did consider Miss Johnson's request of a fine and a suspension but because of the aggravating factors mentioned above and in particular her poor record we believe this would be inappropriate. 


penalty:

Accordingly after taking all the above factors into account and also considering Miss Johnson will be missing two premier days we find the appropriate penalty is a 6 day suspension.  Under the provisions of rule 1106 (2) we suspend Miss Johnson's riding licence from after racing on 7 November until after the conclusion of racing on 14 November (6 days). 

These days include Hastings 8th November, Waipa 10th, Riccarton 11th, Awapuni 12th, Dargaville 13th and Riccarton 14th November.


hearing_type: Hearing


Rules: 638 (1)(d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Miss D Johnson Rider Of Vavasour


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b8662949f45d42d97dfc7eae022a80bc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8bb6eb927c1ede6297ad02c3199a9f54


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meet_noreport: 0


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meet_emailed2: 0


meetdate: 03/11/2015


meet_title: Auckland RC - 3 November 2015


meet_expappcomment:


meet_km:


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tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland RC