Archive Decision

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Canterbury JC – 19 September 2009 – Race 1

ID: JCA22130

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Canterbury JC - 19 September 2009

Race Date:
2009/09/19

Race Number:
Race 1

Decision:

Information 7487 alleging a breach of the Rules of Racing, Rule 871(1)(d) in that
CW Johnson, Licensed Jockey, had allowed his mount “Midllans” to shift out when not sufficiently clear causing “Kirk Douglas” (D Stackhouse) to check near the 200 metres.



Information 7487 alleging a breach of the Rules of Racing, Rule 871(1)(d) in that
CW Johnson, Licensed Jockey, had allowed his mount “Midllans” to shift out when not sufficiently clear causing “Kirk Douglas” (D Stackhouse) to check near the 200 metres.

--

Informant - Mr S Ching, Stipendiary Steward.

--

Following the running of Race 1 at the Canterbury Jockey Club’s meeting on Saturday 19th September 2009, an Information was lodged by Stipendiary Steward SC Ching against Licensed Jockey CW Johnson alleging careless riding.

--

It was alleged that Mr Johnson had allowed his mount “Midllans” to shift out when not sufficiently clear causing “Kirk Douglas” (D Stackhouse) to check near the 200 metres.

--

Mr Johnson pleaded guilty to the charge which is therefore deemed to be proved. 

--

THE FACTS

--

Evidence was presented by Mr M Davidson, Stipendiary Steward, from three different camera angles.  All views of the incident showed that Mr Johnson was racing approximately two horse widths clear of the rails.  Mr Stackhouse was racing approximately four horse widths off the rail and with clear racing room in front of him.  As Mr Davidson said, he had ownership of a clear gap. 

--

At the 200 metre mark or thereabouts, Mr Johnson angled his mount outwards, and in the process came into contact with “Kirk Douglas”.  As a consequence, “Kirk Douglas” was moved off its line and deprived of the gap that had been previously available to it.  “Kirk Douglas” was unbalanced in the process. 

--

In response, Mr Johnson said that he changed his ground slightly to get a run, and “buffeted” Mr Stackhouse in the process.

--

PENALTY SUBMISSIONS

--

Mr Ching advised the hearing that Mr Johnson had not been charged with careless riding in the last twelve months.  However, he said that in the Stewards’ opinion, Mr Johnson’s carelessness was at the high end of the scale and “knocking at the door” of recklessness.  He said that Mr Johnson should be given credit for his guilty plea, but called for a suspension of between six and eight days. 

--

In response, Mr Johnson asked us to consider whether or not we considered the interference to be as severe as alleged.

--

PENALTY DECISION

--

In our opinion, having considered the totality of the evidence, the degree of carelessness was certainly at the higher end of the scale.  Mr Johnson angled his mount outwards to take a gap of which Mr Stackhouse had clear ownership.  There was significant horse contact and there is no doubt, in our minds, that horse and rider safety was compromised.  We are satisfied that Mr Johnson angled his mount outwards and in the process “buffeted” “Kirk Douglas” out of the way.  It is inevitable that a suspension must be imposed.  We take into account Mr Johnson’s guilty plea, and his clear record over the last twelve months. 

--

We set the period of suspension at seven racing days.  The suspension will commence immediately from the conclusion of racing on Saturday 19 September and finish at the conclusion of racing 8 October.  That will encompass meetings at Levin, Banks Peninsula, Taranaki, Woodville, Pahiatua, Canterbury Jockey Club, Southland and Otago.

--

We record that Mr Johnson did not want to apply for a deferment of the coming into effect of the period of suspension, and that he rides at meeting in the South Island and Central Districts only.

--

 

--

KG Hales       J Phelan
CHAIR            Committee Member
7487

--

 

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: c9e3589cc4df17682a9b16fc61c3a607


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 19/09/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Canterbury JC - 19 September 2009 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Information 7487 alleging a breach of the Rules of Racing, Rule 871(1)(d) in that
CW Johnson, Licensed Jockey, had allowed his mount “Midllans” to shift out when not sufficiently clear causing “Kirk Douglas” (D Stackhouse) to check near the 200 metres.



Information 7487 alleging a breach of the Rules of Racing, Rule 871(1)(d) in that
CW Johnson, Licensed Jockey, had allowed his mount “Midllans” to shift out when not sufficiently clear causing “Kirk Douglas” (D Stackhouse) to check near the 200 metres.

--

Informant - Mr S Ching, Stipendiary Steward.

--

Following the running of Race 1 at the Canterbury Jockey Club’s meeting on Saturday 19th September 2009, an Information was lodged by Stipendiary Steward SC Ching against Licensed Jockey CW Johnson alleging careless riding.

--

It was alleged that Mr Johnson had allowed his mount “Midllans” to shift out when not sufficiently clear causing “Kirk Douglas” (D Stackhouse) to check near the 200 metres.

--

Mr Johnson pleaded guilty to the charge which is therefore deemed to be proved. 

--

THE FACTS

--

Evidence was presented by Mr M Davidson, Stipendiary Steward, from three different camera angles.  All views of the incident showed that Mr Johnson was racing approximately two horse widths clear of the rails.  Mr Stackhouse was racing approximately four horse widths off the rail and with clear racing room in front of him.  As Mr Davidson said, he had ownership of a clear gap. 

--

At the 200 metre mark or thereabouts, Mr Johnson angled his mount outwards, and in the process came into contact with “Kirk Douglas”.  As a consequence, “Kirk Douglas” was moved off its line and deprived of the gap that had been previously available to it.  “Kirk Douglas” was unbalanced in the process. 

--

In response, Mr Johnson said that he changed his ground slightly to get a run, and “buffeted” Mr Stackhouse in the process.

--

PENALTY SUBMISSIONS

--

Mr Ching advised the hearing that Mr Johnson had not been charged with careless riding in the last twelve months.  However, he said that in the Stewards’ opinion, Mr Johnson’s carelessness was at the high end of the scale and “knocking at the door” of recklessness.  He said that Mr Johnson should be given credit for his guilty plea, but called for a suspension of between six and eight days. 

--

In response, Mr Johnson asked us to consider whether or not we considered the interference to be as severe as alleged.

--

PENALTY DECISION

--

In our opinion, having considered the totality of the evidence, the degree of carelessness was certainly at the higher end of the scale.  Mr Johnson angled his mount outwards to take a gap of which Mr Stackhouse had clear ownership.  There was significant horse contact and there is no doubt, in our minds, that horse and rider safety was compromised.  We are satisfied that Mr Johnson angled his mount outwards and in the process “buffeted” “Kirk Douglas” out of the way.  It is inevitable that a suspension must be imposed.  We take into account Mr Johnson’s guilty plea, and his clear record over the last twelve months. 

--

We set the period of suspension at seven racing days.  The suspension will commence immediately from the conclusion of racing on Saturday 19 September and finish at the conclusion of racing 8 October.  That will encompass meetings at Levin, Banks Peninsula, Taranaki, Woodville, Pahiatua, Canterbury Jockey Club, Southland and Otago.

--

We record that Mr Johnson did not want to apply for a deferment of the coming into effect of the period of suspension, and that he rides at meeting in the South Island and Central Districts only.

--

 

--

KG Hales       J Phelan
CHAIR            Committee Member
7487

--

 


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hearing_type: Old Hearing


Rules: 871.1.d


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meetdate: 19/09/2009


meet_title: Canterbury JC - 19 September 2009


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name: Canterbury JC