Canterbury JC 16 November 2013 – R 8
ID: JCA13541
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 16 November 2013
Meet Chair:
KHales
Meet Committee Member 1:
SChing
Race Date:
2013/11/16
Race Number:
R8
Decision:
The charge is found to be proved.
Penalty:
The application for a deferment of the coming into effect of the penalty is granted. Mr Johnson is suspended from race riding from the conclusion of racing on Saturday 23rd November 2013 at Counties, until the conclusion of racing on Friday 6th December 2013. That period of suspension encompasses meetings at Timaru 25th November, Otaki on 29th November, Whanganui on 30th November, Cromwell on 1st December, New Plymouth on 5th December and Canterbury Jockey Club on 6th December.
Facts:
It was alleged that near the 1200 metres Mr Johnson, as the rider of the "Earl of Doncaster' directed his mount outwards making heavy contact with "Mungo Jerry" forcing it wider.
The incident was shown to the hearing by Mr M Zarb, Stipendiary Steward, from the head-on and side-on camera angles. Mr Zarb said that Mr Johnson was urging his mount forward under the whip. He said that Mr Johnson made a sudden outward movement which brought his horse into contact with "Mungo Jerry" ridden by Ms K Myers. Ms Myers attempted to straighten her mount but contact occurred on a second occasion. He observed that Mr Johnson was not his own length and another length clear when this movement was made.
Mr Johnson was given the opportunity to ask questions of Mr Zarb, concerning his interpretation of the incident. Mr Johnson did not have any questions of Mr Zarb.
Mr Neal then called Ms K Myers, the rider of "Mungo Jerry" to give evidence. She said that she was half a length behind "Earl of Doncaster" and was happy to remain in that position. She was unsure as to how long she had been on that line but said it was for a reasonable time She was unable to estimate what distance she had travelled in that "reasonable time." She said that Mr Johnson gave her a "bit of a bump" and acknowledged that she was shifted off her line by Mr Johnson.
Mr Johnson was given the opportunity to ask questions of Ms Myers. Mr Johnson did not have any questions of Ms Myers.
Submissions for Decision:
Mr Neal said that at no point was Mr Johnson entitled to move out in the manner that he did. He said that Ms Myers had an established racing position and was entitled to hold that position.
Mr Johnson said that his horse did not begin all that well. He said it was "flat" for the first part of the race. He said that prior to moving his mount forward that it was "off the bit" but that when he "put his horse under a ride" that it quickened more rapidly that he had anticipated. Mr Johnson also thought that the overall pace of the race may have steadied around that time. He said that he did not see Ms Myers at the time he moved outwards. Overall, Mr Johnson submitted that he did not think his riding was careless.
Mr Neal responded by saying that the Stipendiary Stewards accepted that a rider can ease another horse out, but that in doing so, it must be done gradually and with safety. His view was that Mr Johnson's movement was abrupt and could not be considered "easing out". He said that Mr Johnson should have been aware of Mr Myers' presence, and the fact that he didn't, was not a defence to the charge.
Reasons for Decision:
We gave careful consideration to the evidence and the submissions made by Mr Neal and Mr Johnson. Mr Johnson was stuck behind the field and made a decision to "ride on". He commenced his outward movement. At this point, Mr Johnson was no more than three/quarters of his own length clear of "Mungo Jerry". Contact was made. The Stipendiary Stewards described it as "heavy contact". Ms Myers described it as "a bit of a bump".
This committee's interpretation of the video coverage and the evidence, is that there was contact which was caused by Mr Johnson's outward movement, taking Ms Myers off her established racing line. We do not place any particular emphasis on the Stipendiary Stewards' description or Ms Myer's description.
We note the Stipendiary Stewards have acknowledged that in terms of race riding tactics that it is acceptable to move another horse outwards, so long as it is done gradually and with safety. In this case, Mr Johnson's movement was abrupt. He was looking for clear running. He created that for himself by his sudden outward movement. He was not his own length and another length clear when he made his movement. Failure to keep the required distance clear when passing, constitutes careless riding. The fact that Mr Johnson did not see Ms Myers when he commenced his outward movement, does not assist him, as she was clearly there to be seen.
Submissions for Penalty:
Mr Neal said that Mr Johnson was suspended for careless riding for 3 days at Manawatu on 22nd December 2012, 4 days at Oamaru on 16th August 2013, and 3 days at the Canterbury Jockey Club's meeting on 9th November 2013 (+ a fine of $750). Mr Neal considered that the degree of carelessness sat "somewhere above mid-range" and considered that the penalty should be a suspension of no less than 5 days.
Mr Johnson said that he would classify the degree of seriousness of his riding as not serious, but only minor.
He acknowledged that he would be suspended and applied for a deferment of the coming into effect of the suspension until the conclusion of racing on 23rd November 2013.
After some robust discussion as to where Mr Johnson rode as a matter of practice, it was agreed that he rode in the South Island and in the Central Districts.
Reasons for Penalty:
We adopt as a starting point for penalty, a suspension of 5 race riding days. We considered the aggravating and mitigating features.
The aggravating features are that Mr Johnson's record has descended from what was regarded as "good" one week ago, to what is now "not so good". When the status of the race is added into the equation, plus the fact that the degree of carelessness was reasonably high, that calls for an uplift on our starting point of 1 day, making the suspension that of 6 days.
There are no mitigating features which allow us to discount the penalty. The charge was not admitted.
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: 42cc01ec5dda338abc29341f96d83890
informantnumber: A3282
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: denied
penaltyrequired: 1
decisiondate: 18/11/2013
hearing_title: Canterbury JC 16 November 2013 - R 8
charge:
facts:
It was alleged that near the 1200 metres Mr Johnson, as the rider of the "Earl of Doncaster' directed his mount outwards making heavy contact with "Mungo Jerry" forcing it wider.
The incident was shown to the hearing by Mr M Zarb, Stipendiary Steward, from the head-on and side-on camera angles. Mr Zarb said that Mr Johnson was urging his mount forward under the whip. He said that Mr Johnson made a sudden outward movement which brought his horse into contact with "Mungo Jerry" ridden by Ms K Myers. Ms Myers attempted to straighten her mount but contact occurred on a second occasion. He observed that Mr Johnson was not his own length and another length clear when this movement was made.
Mr Johnson was given the opportunity to ask questions of Mr Zarb, concerning his interpretation of the incident. Mr Johnson did not have any questions of Mr Zarb.
Mr Neal then called Ms K Myers, the rider of "Mungo Jerry" to give evidence. She said that she was half a length behind "Earl of Doncaster" and was happy to remain in that position. She was unsure as to how long she had been on that line but said it was for a reasonable time She was unable to estimate what distance she had travelled in that "reasonable time." She said that Mr Johnson gave her a "bit of a bump" and acknowledged that she was shifted off her line by Mr Johnson.
Mr Johnson was given the opportunity to ask questions of Ms Myers. Mr Johnson did not have any questions of Ms Myers.
appealdecision:
isappeal:
submissionsfordecision:
Mr Neal said that at no point was Mr Johnson entitled to move out in the manner that he did. He said that Ms Myers had an established racing position and was entitled to hold that position.
Mr Johnson said that his horse did not begin all that well. He said it was "flat" for the first part of the race. He said that prior to moving his mount forward that it was "off the bit" but that when he "put his horse under a ride" that it quickened more rapidly that he had anticipated. Mr Johnson also thought that the overall pace of the race may have steadied around that time. He said that he did not see Ms Myers at the time he moved outwards. Overall, Mr Johnson submitted that he did not think his riding was careless.
Mr Neal responded by saying that the Stipendiary Stewards accepted that a rider can ease another horse out, but that in doing so, it must be done gradually and with safety. His view was that Mr Johnson's movement was abrupt and could not be considered "easing out". He said that Mr Johnson should have been aware of Mr Myers' presence, and the fact that he didn't, was not a defence to the charge.
reasonsfordecision:
We gave careful consideration to the evidence and the submissions made by Mr Neal and Mr Johnson. Mr Johnson was stuck behind the field and made a decision to "ride on". He commenced his outward movement. At this point, Mr Johnson was no more than three/quarters of his own length clear of "Mungo Jerry". Contact was made. The Stipendiary Stewards described it as "heavy contact". Ms Myers described it as "a bit of a bump".
This committee's interpretation of the video coverage and the evidence, is that there was contact which was caused by Mr Johnson's outward movement, taking Ms Myers off her established racing line. We do not place any particular emphasis on the Stipendiary Stewards' description or Ms Myer's description.
We note the Stipendiary Stewards have acknowledged that in terms of race riding tactics that it is acceptable to move another horse outwards, so long as it is done gradually and with safety. In this case, Mr Johnson's movement was abrupt. He was looking for clear running. He created that for himself by his sudden outward movement. He was not his own length and another length clear when he made his movement. Failure to keep the required distance clear when passing, constitutes careless riding. The fact that Mr Johnson did not see Ms Myers when he commenced his outward movement, does not assist him, as she was clearly there to be seen.
Decision:
The charge is found to be proved.
sumissionsforpenalty:
Mr Neal said that Mr Johnson was suspended for careless riding for 3 days at Manawatu on 22nd December 2012, 4 days at Oamaru on 16th August 2013, and 3 days at the Canterbury Jockey Club's meeting on 9th November 2013 (+ a fine of $750). Mr Neal considered that the degree of carelessness sat "somewhere above mid-range" and considered that the penalty should be a suspension of no less than 5 days.
Mr Johnson said that he would classify the degree of seriousness of his riding as not serious, but only minor.
He acknowledged that he would be suspended and applied for a deferment of the coming into effect of the suspension until the conclusion of racing on 23rd November 2013.
After some robust discussion as to where Mr Johnson rode as a matter of practice, it was agreed that he rode in the South Island and in the Central Districts.
reasonsforpenalty:
We adopt as a starting point for penalty, a suspension of 5 race riding days. We considered the aggravating and mitigating features.
The aggravating features are that Mr Johnson's record has descended from what was regarded as "good" one week ago, to what is now "not so good". When the status of the race is added into the equation, plus the fact that the degree of carelessness was reasonably high, that calls for an uplift on our starting point of 1 day, making the suspension that of 6 days.
There are no mitigating features which allow us to discount the penalty. The charge was not admitted.
penalty:
The application for a deferment of the coming into effect of the penalty is granted. Mr Johnson is suspended from race riding from the conclusion of racing on Saturday 23rd November 2013 at Counties, until the conclusion of racing on Friday 6th December 2013. That period of suspension encompasses meetings at Timaru 25th November, Otaki on 29th November, Whanganui on 30th November, Cromwell on 1st December, New Plymouth on 5th December and Canterbury Jockey Club on 6th December.
hearing_type: Hearing
Rules: Rule 638(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) careless
Informant: Mr R Neal - Co Chief Stipendiary Steward
JockeysandTrainer: CW Johnson - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e1ff32205347008d5a01364e15730874
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c93f2bc36643ff1269fe86fb55d12ae6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/11/2013
meet_title: Canterbury Racing - 16 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: SChing
meet_pm2: none
name: Canterbury Racing