Archive Decision

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Canterbury JC 17 September 2011 – R 6

ID: JCA16164

Applicant:
AL Ray - Stipendiary Steward

Respondent(s):
CW Johnson - Licensed Jockey

Other Person:
Mr J McLaughlin - Stipendiary Steward

Information Number:
69518

Hearing Type:
Hearing

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 17 September 2011

Meet Chair:
KHales

Meet Committee Member 1:
JMillar

Race Date:
2011/09/17

Race Number:
R6

Decision:

As Mr Johnson has admitted the charge it is therefore deemed to be proved.

Penalty:

Mr Johnson is suspended from race riding from the conclusion of racing on 17th September 2011 until the conclusion of racing on Monday 26th September 2011. That period encompasses meeting at Waimate 22nd, Otaki 23rd, Wingatui 24th and Waimate 26th September 2011.

Charge:

Alleged that CW Johnson for a considerable period near the 1,000 metres failed to relieve the pressure he was creating to his inside which resulted in "Celtic Dream" (L Robinson) and "Zabene" (M Cameron) being forced to run in restricted room. As a result, "Celtic Dream" was forced to restrain and forfeit its position.

Facts:

As the field was approaching the 1,000 metres mark, "Celtic Dream" and "Zabene" were running one off and two off the rails respectively, each with a clear line of racing. "Celtic Dream" was perhaps a half length back on "Zabene". Mr Johnson on "The Hand of Faith" was racing on the outside of the aforementioned horses. As the field progressed, "Zabene" was racing somewhat ungenerously, for a time, and was proving difficult for Mr Cameron. However, Mr Johnson maintained his line and did not improve forwards, which he could easily have done as there was clear racing room ahead of him. Instead he kept pressure on "Celtic Dream" and "Zabene". It was noted from the video coverage (which was explained by Mr J McLaughlin, Stipendiary Steward), that Mr Johnson looked inwards on some two or three occasions.

Mr Ray, in response to a question from the Chair, confirmed that in his preliminary investigations that both Mr Robinson and Mr Cameron advised him that they had called out to Mr Johnson for racing room.

Mr Johnson did not relieve the pressure and as a consequence, Mr Robinson obviously considered it prudent to ease back, thereby forfeiting the racing line that he was entitled to. Mr Ray told us that Mr Robinson had deemed it wise to restrain because he was concerned that he would come into contact with the running rail.

Mr Johnson said that his horse was "lugging in". He said that he heard the calls for racing room from Mr Robinson and Mr Cameron. He had no further submissions on the evidence.

Submissions for Decision:

Mr Ray submitted to the hearing that Mr Johnson's carelessness lay in his failure to relieve the pressure he was applying and thereby depriving "Celtic Dream" of its racing line.

Submissions for Penalty:

Mr Ray submitted that perhaps the benchmark for penalty would be a suspension of 5 days. However, he also submitted that Mr Johnson was a very busy rider and that his record of recent times was quite good, with his last suspension for careless riding being in December 2010. In the circumstances Mr Ray submitted that the suspension might be that of 4 days.

Mr Johnson did not have any submissions to make on penalty and neither did he apply for a deferment of any period of suspension.

Reasons for Penalty:

Careful consideration was given to the evidence, and the submissions made in relation thereto. "Zabene" may have been racing ungenerously, and may have made the incident look worse than it was. Furthermore, "Zabene's" racing action may have made Mr Robinson's position on the rails somewhat tenuous, and may have persuaded Mr Robinson to restrain back. The  consequence was that Mr Robinson forfeited the line he was on, and entitled to remain on.

However, we note Mr Johnson's admission that both Mr Cameron and Mr Robinson were calling out for racing room, and that Mr Johnson looked inwards two or three times, seemingly to check the situation. It must have been clear to Mr Johnson that both of the other riders should have been given room. Mr Johnson elected to maintain his position when quite clearly he had room to ease out and provide room for Mr Cameron and Mr Robinson.

These factors are clearly aggravating features in relation to Mr Johnson's breach of the rule.

Mr Johnson has admitted the charge. He is a very busy rider and has not apeared before a Judicial Committee for at least ten months. They are mitigating features.

The starting point for the imposition of penalty is a suspension of five days. However, after balancing the aggravating features and the mitigating features, we can allow a discount of one day on our starting point, making the suspension that of four race days.

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: c4a13d2b6b741082cc12a81c117812cb


informantnumber: 69518


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/09/2011


hearing_title: Canterbury JC 17 September 2011 - R 6


charge:

Alleged that CW Johnson for a considerable period near the 1,000 metres failed to relieve the pressure he was creating to his inside which resulted in "Celtic Dream" (L Robinson) and "Zabene" (M Cameron) being forced to run in restricted room. As a result, "Celtic Dream" was forced to restrain and forfeit its position.


facts:

As the field was approaching the 1,000 metres mark, "Celtic Dream" and "Zabene" were running one off and two off the rails respectively, each with a clear line of racing. "Celtic Dream" was perhaps a half length back on "Zabene". Mr Johnson on "The Hand of Faith" was racing on the outside of the aforementioned horses. As the field progressed, "Zabene" was racing somewhat ungenerously, for a time, and was proving difficult for Mr Cameron. However, Mr Johnson maintained his line and did not improve forwards, which he could easily have done as there was clear racing room ahead of him. Instead he kept pressure on "Celtic Dream" and "Zabene". It was noted from the video coverage (which was explained by Mr J McLaughlin, Stipendiary Steward), that Mr Johnson looked inwards on some two or three occasions.

Mr Ray, in response to a question from the Chair, confirmed that in his preliminary investigations that both Mr Robinson and Mr Cameron advised him that they had called out to Mr Johnson for racing room.

Mr Johnson did not relieve the pressure and as a consequence, Mr Robinson obviously considered it prudent to ease back, thereby forfeiting the racing line that he was entitled to. Mr Ray told us that Mr Robinson had deemed it wise to restrain because he was concerned that he would come into contact with the running rail.

Mr Johnson said that his horse was "lugging in". He said that he heard the calls for racing room from Mr Robinson and Mr Cameron. He had no further submissions on the evidence.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ray submitted to the hearing that Mr Johnson's carelessness lay in his failure to relieve the pressure he was applying and thereby depriving "Celtic Dream" of its racing line.


reasonsfordecision:


Decision:

As Mr Johnson has admitted the charge it is therefore deemed to be proved.


sumissionsforpenalty:

Mr Ray submitted that perhaps the benchmark for penalty would be a suspension of 5 days. However, he also submitted that Mr Johnson was a very busy rider and that his record of recent times was quite good, with his last suspension for careless riding being in December 2010. In the circumstances Mr Ray submitted that the suspension might be that of 4 days.

Mr Johnson did not have any submissions to make on penalty and neither did he apply for a deferment of any period of suspension.


reasonsforpenalty:

Careful consideration was given to the evidence, and the submissions made in relation thereto. "Zabene" may have been racing ungenerously, and may have made the incident look worse than it was. Furthermore, "Zabene's" racing action may have made Mr Robinson's position on the rails somewhat tenuous, and may have persuaded Mr Robinson to restrain back. The  consequence was that Mr Robinson forfeited the line he was on, and entitled to remain on.

However, we note Mr Johnson's admission that both Mr Cameron and Mr Robinson were calling out for racing room, and that Mr Johnson looked inwards two or three times, seemingly to check the situation. It must have been clear to Mr Johnson that both of the other riders should have been given room. Mr Johnson elected to maintain his position when quite clearly he had room to ease out and provide room for Mr Cameron and Mr Robinson.

These factors are clearly aggravating features in relation to Mr Johnson's breach of the rule.

Mr Johnson has admitted the charge. He is a very busy rider and has not apeared before a Judicial Committee for at least ten months. They are mitigating features.

The starting point for the imposition of penalty is a suspension of five days. However, after balancing the aggravating features and the mitigating features, we can allow a discount of one day on our starting point, making the suspension that of four race days.


penalty:

Mr Johnson is suspended from race riding from the conclusion of racing on 17th September 2011 until the conclusion of racing on Monday 26th September 2011. That period encompasses meeting at Waimate 22nd, Otaki 23rd, Wingatui 24th and Waimate 26th September 2011.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: AL Ray - Stipendiary Steward


JockeysandTrainer: CW Johnson - Licensed Jockey


Otherperson: Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3f87add026277c2ab050faaa1e4c85c5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9c441a4a7f1168786d89ecbe8e0a1129


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/09/2011


meet_title: Canterbury Racing - 17 September 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: JMillar


meet_pm2: none


name: Canterbury Racing