Banks Peninsula RC – 28 October 2006 – Race 10

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hearing_racingtype: thoroughbred-racing

startdate: 28/10/2006

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hearing_title: Banks Peninsula RC - 28 October 2006 - Race 10

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Following the running of Race 10, Carlton Bar & Restaurant Handicap, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr C W Johnson, alleging that Mr Johnson rode carelessly

Following the running of Race 10, Carlton Bar & Restaurant Handicap, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr C W Johnson, alleging that Mr Johnson rode carelessly in that he allowed his mount, SMITTEN KITTEN, to shift ground inwards near the 800 metres causing THAT?S MY BOY (T R Moseley) to check and lose his position.

Mr Johnson was present at the hearing of the information and did not admit the breach.

Mr J M McLaughlin, Assistant Stipendiary Steward, showed video replays of the incident. He pointed out Mr Johnson racing 3-wide approaching the turn out of the back straight with Mr Moseley on his inner. Mr Johnson looked to his inside just before the turn and then moved over to the one-wide position. Mr Moseley was forced to check his mount and lost his position.

Mr Ching called Mr Moseley to give evidence in relation to the incident. He said that, approximately 800 metres from home, he was racing in the "one-one" position with Mr Johnson on his outside. Mr Johnson, who was no more than a half or three-quarters of a length in front of him, "stepped in "on the corner forcing him to take hold of his mount. A horse had slowly improved on his inside and the horse on his outside (Mr Johnson's mount) had "inconvenienced" him for "a stride or two". Mr Johnson declined the opportunity to cross-examine Mr Moseley.

Mr Johnson stated that, going off the back straight, he looked on his inside on a couple of occasions and saw that he had two horses inside his mount. He said that, just before he came to the bend, he pulled his mount off Mr Moseley's mount and tried to go forward ahead of it. Right on the tight bend, his mount "cornered extra well, stepped across and brushed" Mr Moseley's mount. He did not realise that Mr Moseley was there and he had tried to press forward before shifting ground. He submitted that he was clear of Mr Moseley before shifting ground inwards.

Following a deliberation, the Committee delivered the following oral decision:

"We have viewed the video replays of the incident and we have listened to the evidence of Mr Moseley and the submissions of Mr Ching and those of Mr Johnson in his defence. It is our finding from the video replays and, also, from the evidence of Mr Moseley, which was quite clear and was not really disputed by Mr Johnson, that Mr Johnson was no more that a half or three-quarters of a length clear of Mr Moseley when he shifted ground inwards as a result of which, Mr Moseley told us, he had to take hold. He said a horse had improved on his inside and the movement from the outside horse inconvenienced him for a stride or two.

The Rule, as Mr Johnson is aware, requires that a horse be its own length and another length clear before it crosses. We find that Mr Johnson was in breach of that requirement on this occasion and, accordingly, we find the charge of careless riding to be proved."

Mr Ching outlined to the Committee details of Mr Johnson's race riding record in the period since January 2006. During that period, Mr Johnson had received penalties for five charges of careless riding proved against him ? the most recent on 30 September 2006. Mr Ching submitted that the careless riding, on this occasion, was at the lower end of the scale. Mr Johnson's record warranted a term of suspension for the breach.

Mr Johnson explained to the Committee that he has a North Island manager who arranges rides for him at any meeting in the North Island at which he can get rides. Mr Johnson said that he was riding at Riverton on 29 October and at Avondale on 1 November. The Committee noted that withdrawals for Avondale had closed. Mr Ching acknowledged that Mr Johnson would be likely to ride at most North Island meetings for which he was available, including the meeting of Paeroa Racing Club on 8 November next.

In arriving at an appropriate term of suspension for the breach, the Committee took into account the minor nature of the breach but an aggravating factor was Mr Johnson's poor riding record in terms of careless riding offences since January of this year, the present breach being his sixth since that time. Mr Johnson was not entitled to any credit for having admitted the breach.

Mr Johnson was suspended for a period commencing after the conclusion of racing on Wednesday, 1 November 2006, up to and including Wednesday, 8 November 2006, which the Committee calculated to be 4 riding days.

R G McKenzie

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race_title: Race 10

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meetdate: 28/10/2006

meet_title: Banks Peninsula RC - 28 October 2006

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