Archive Decision

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Canterbury JC 21 September 2019 – R 7 – Chair, Mr S Ching

ID: JCA10678

Applicant:
J McLaughlin- Stipendiary Steward

Respondent(s):
A Calder-Class A Rider

Other Person:
Mr M Davidson - Stipendiary Steward

Information Number:
A11464

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 21 September 2019

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2019/09/21

Race Number:
R7

Decision:

As Mr Calder admitted that breach the charge was found proved.

Penalty:

Accordingly, Mr Calder’s Class A Jockeys licence is suspended from the conclusion of racing Saturday 28 September up to and including 9 October 2019.

Facts:

Following the running of Race 7, the Fleur Open Sprint, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A rider, Mr A Calder, in that he allowed his mount to shift in when not sufficiently clear of TURNCOAT who was taken in onto KILLARNEY who was crowded and checked passing the 1100m.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Calder had indicated on the Information that this breach of the Rules was admitted, which he confirmed this at the hearing. He also agreed that he understod the charge and the Rule it was brought under.

Mr McLaughlin with the assistance of Stipendiary Steward, Mr Davidson, gave evidence and used video coverage to show that shortly after the start and approaching the 1100m, SABER, ridden by Mr Calder was racing mid track and leading with TURNCOAT, ridden by Mr M McNab, and KILLARNEY, ridden by Ms T Comignaghi, on his immediate inner. Mr Davidson pointed out Mr Calder, at the 1100m, shifting inwards into the racing room of TURNCOAT who was taken in onto KILLARNEY who was crowded and checked. Mr Davidson stated that Mr Calder was just over a bare length clear of TURNCOAT in this manoeuvre. He added that TURNCOAT, who was racing fiercely when being restrained in an attempt to let Mr Calder cross, did not help the situation.

Mr Calder said that SABER was quite quick out of the gate with Mr McNab’s horse clear of the gates a little slower. He said that Mr McNab’s horse, TURNCOAT, was racing quite fiercely, when Mr McNab was attempting to steady him and allow him to cross. Mr Calder said that TURNCOAT shifted in slightly before he put any pressure on him and makes contact with KILLARNEY prior to him taking up that position and not relieving the pressure. He conceded that he was not his own length and another length clear, as required, in this manoeuvre. Mr Calder said he did look a couple of times but that the incident was an error on his part.

Submissions for Penalty:

Mr McLaughlin described Mr Calder’s record as very good. He said it showed only one breach of this rule, being an 8-day suspension in a Group 1 race at Auckland on 26 December over the previous 12 months.

Mr McLaughlin stated that the breach was low level and that credit should be given for Mr Calder’s admission of the breach and his good record. He stated that the JCA Penalty Guide starting point for a low-level breach of this rule is a 6 National Day suspension. Mr McLaughlin submitted that a 6 National Day suspension be considered as penalty in this case.

Mr Calder submitted that in the period of proposed suspension, there was a Group day at Hastings on 4 October.

Mr Calder requested a deferment until Saturday 28 September as he had engagements up to that date.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a 6 National day suspension for a low -range breach of this rule. We assessed this breach as low to mid and therefore adopted a 7-day starting point. There were no aggravating factors to consider therefore no uplift in penalty warranted. There are however mitigating factors to consider being Mr Calder’s frank admission and his good record for which a combined discount is afforded. This discount we set at 1 day.

We therefore determined that a 6-day suspension is an appropriate penalty in this case.

Mr Calder’s submission for a deferment for 7 days until 28 September is granted.

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: 06cb81c8626d54fd728a86788c7d1740


informantnumber: A11464


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 23/09/2019


hearing_title: Canterbury JC 21 September 2019 - R 7 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 7, the Fleur Open Sprint, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A rider, Mr A Calder, in that he allowed his mount to shift in when not sufficiently clear of TURNCOAT who was taken in onto KILLARNEY who was crowded and checked passing the 1100m.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Calder had indicated on the Information that this breach of the Rules was admitted, which he confirmed this at the hearing. He also agreed that he understod the charge and the Rule it was brought under.

Mr McLaughlin with the assistance of Stipendiary Steward, Mr Davidson, gave evidence and used video coverage to show that shortly after the start and approaching the 1100m, SABER, ridden by Mr Calder was racing mid track and leading with TURNCOAT, ridden by Mr M McNab, and KILLARNEY, ridden by Ms T Comignaghi, on his immediate inner. Mr Davidson pointed out Mr Calder, at the 1100m, shifting inwards into the racing room of TURNCOAT who was taken in onto KILLARNEY who was crowded and checked. Mr Davidson stated that Mr Calder was just over a bare length clear of TURNCOAT in this manoeuvre. He added that TURNCOAT, who was racing fiercely when being restrained in an attempt to let Mr Calder cross, did not help the situation.

Mr Calder said that SABER was quite quick out of the gate with Mr McNab’s horse clear of the gates a little slower. He said that Mr McNab’s horse, TURNCOAT, was racing quite fiercely, when Mr McNab was attempting to steady him and allow him to cross. Mr Calder said that TURNCOAT shifted in slightly before he put any pressure on him and makes contact with KILLARNEY prior to him taking up that position and not relieving the pressure. He conceded that he was not his own length and another length clear, as required, in this manoeuvre. Mr Calder said he did look a couple of times but that the incident was an error on his part.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Calder admitted that breach the charge was found proved.


sumissionsforpenalty:

Mr McLaughlin described Mr Calder’s record as very good. He said it showed only one breach of this rule, being an 8-day suspension in a Group 1 race at Auckland on 26 December over the previous 12 months.

Mr McLaughlin stated that the breach was low level and that credit should be given for Mr Calder’s admission of the breach and his good record. He stated that the JCA Penalty Guide starting point for a low-level breach of this rule is a 6 National Day suspension. Mr McLaughlin submitted that a 6 National Day suspension be considered as penalty in this case.

Mr Calder submitted that in the period of proposed suspension, there was a Group day at Hastings on 4 October.

Mr Calder requested a deferment until Saturday 28 September as he had engagements up to that date.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a 6 National day suspension for a low -range breach of this rule. We assessed this breach as low to mid and therefore adopted a 7-day starting point. There were no aggravating factors to consider therefore no uplift in penalty warranted. There are however mitigating factors to consider being Mr Calder’s frank admission and his good record for which a combined discount is afforded. This discount we set at 1 day.

We therefore determined that a 6-day suspension is an appropriate penalty in this case.

Mr Calder’s submission for a deferment for 7 days until 28 September is granted.


penalty:

Accordingly, Mr Calder’s Class A Jockeys licence is suspended from the conclusion of racing Saturday 28 September up to and including 9 October 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J McLaughlin- Stipendiary Steward


JockeysandTrainer: A Calder-Class A Rider


Otherperson: Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 186168a93377f564e0fe85bb3c04a61a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c2cb696618e2c97839f995a2c90705a3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/09/2019


meet_title: Canterbury JC - 21 September 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury JC