Canterbury JC 26 February 2021 – R 6 – Chair, Mr S Ching
ID: JCA17443
Code:
Thoroughbred
Meet Title:
Canterbury JC - 26 February 2021
Meet Chair:
SChing
Race Date:
2021/02/26
Race Number:
R6
Decision:
As Mr Toolooa had admitted the breach, the charge was found proved.
Penalty:
Mr Toolooa’s application for a deferment until after racing at Dunedin on 6 March was granted.
Accordingly, Mr Toolooa’s Class B Jockey's licence is suspended from the conclusion of racing 6 March 2021 up to and including 17 March 2021. In addition, a fine of $500 was imposed.
Facts:
Following the running of Race 6, the Janet Francis Rating 65, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr S Toolooa, alleging careless riding in that he permitted his mount ISLAND HOP to shift inwards over the final 100m hampering and dictating CLOONEY inwards.
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 Toolooa had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Toolooa also confirmed that he understood the charge and the Rule it was brought under. Mr Toolooa was assisted at the hearing by Licensed Trainer, Mr K Hughes.
Mr Davidson gave evidence and used video coverage, with the assistance of Chief Stipendiary Steward, Mr J Oatham, to show that approaching the 100m, ISLAND HOP, ridden by Mr Toolooa, was racing towards the outside of the track with CLOONEY, ridden by Mr R Cuneen racing on its inside with both horses fighting out the finish. Mr Oatham pointed out Mr Toolooa, who was riding his mount out with vigour, begin a shift inwards and in doing so hampered and made firm contact with CLOONEY on several occasions. Mr Oatham estimated that Mr Toolooa shifted in approximately 4 to 5 horse widths in this incident. Mr Davidson said that Mr Toolooa’s actions had resulted in a protest with a relegation from 1st to 2nd for his mount.
Mr Toolooa and Mr Hughes elected not to make any submissions in respect to the incident.
Submissions for Penalty:
Mr Davidson stated that Mr Toolooa’s record showed two previous breaches of this Rule over the prior 4 months being:
-18 October 2020 at Ashburton - 5 National days for a mid-range breach
-16 January 2021 at Otago - 3 National days plus $400 fine in a Listed Race
Mr Davidson stated that the breach was mid-range with consequences high and submitted that Mr Toolooa’s record be considered as a neutral factor. He submitted that a suspension and fine with consideration to the level of the breach and consequences of his carelessness be considered as penalty.
Mr Toolooa elected not to make any submissions on penalty apart from requesting a deferment of suspension until after racing at Dunedin on 6 March 2021 where he had a good ride in a feature race.
Reasons for Penalty:
The JCA Penalty Guide provides, for a mid-range breach of this rule, a 5-day suspension and a $500 fine. This Committee assessed this breach as mid-range with consequences high due to the relegation from 1st to 2nd of his mount. The Committee considered Mr Toolooa’s record of 2 previous breaches over the prior 4 months to be an aggravating factor, which warranted an uplift. This uplift the Committee sets at 1 day. The consequences of Mr Toolooa’s carelessness was another aggravating factor that warranted an uplift in penalty. This uplift is also set at 1 day. Mr Toolooa’s frank admission of the breach was a mitigating factor which warranted a discount of penalty. This discount was set at 1 day. The Committee therefore determined that a 6 National day suspension and $500 fine was appropriate.
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: e426e87db2381eabe23f557dd0d41057
informantnumber: A14060
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 01/03/2021
hearing_title: Canterbury JC 26 February 2021 - R 6 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the Janet Francis Rating 65, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr S Toolooa, alleging careless riding in that he permitted his mount ISLAND HOP to shift inwards over the final 100m hampering and dictating CLOONEY inwards.
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 Toolooa had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Toolooa also confirmed that he understood the charge and the Rule it was brought under. Mr Toolooa was assisted at the hearing by Licensed Trainer, Mr K Hughes.
Mr Davidson gave evidence and used video coverage, with the assistance of Chief Stipendiary Steward, Mr J Oatham, to show that approaching the 100m, ISLAND HOP, ridden by Mr Toolooa, was racing towards the outside of the track with CLOONEY, ridden by Mr R Cuneen racing on its inside with both horses fighting out the finish. Mr Oatham pointed out Mr Toolooa, who was riding his mount out with vigour, begin a shift inwards and in doing so hampered and made firm contact with CLOONEY on several occasions. Mr Oatham estimated that Mr Toolooa shifted in approximately 4 to 5 horse widths in this incident. Mr Davidson said that Mr Toolooa’s actions had resulted in a protest with a relegation from 1st to 2nd for his mount.
Mr Toolooa and Mr Hughes elected not to make any submissions in respect to the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Toolooa had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Davidson stated that Mr Toolooa’s record showed two previous breaches of this Rule over the prior 4 months being:
-18 October 2020 at Ashburton - 5 National days for a mid-range breach
-16 January 2021 at Otago - 3 National days plus $400 fine in a Listed Race
Mr Davidson stated that the breach was mid-range with consequences high and submitted that Mr Toolooa’s record be considered as a neutral factor. He submitted that a suspension and fine with consideration to the level of the breach and consequences of his carelessness be considered as penalty.
Mr Toolooa elected not to make any submissions on penalty apart from requesting a deferment of suspension until after racing at Dunedin on 6 March 2021 where he had a good ride in a feature race.
reasonsforpenalty:
The JCA Penalty Guide provides, for a mid-range breach of this rule, a 5-day suspension and a $500 fine. This Committee assessed this breach as mid-range with consequences high due to the relegation from 1st to 2nd of his mount. The Committee considered Mr Toolooa’s record of 2 previous breaches over the prior 4 months to be an aggravating factor, which warranted an uplift. This uplift the Committee sets at 1 day. The consequences of Mr Toolooa’s carelessness was another aggravating factor that warranted an uplift in penalty. This uplift is also set at 1 day. Mr Toolooa’s frank admission of the breach was a mitigating factor which warranted a discount of penalty. This discount was set at 1 day. The Committee therefore determined that a 6 National day suspension and $500 fine was appropriate.
penalty:
Mr Toolooa’s application for a deferment until after racing at Dunedin on 6 March was granted.
Accordingly, Mr Toolooa’s Class B Jockey's licence is suspended from the conclusion of racing 6 March 2021 up to and including 17 March 2021. In addition, a fine of $500 was imposed.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: M Davidson, Stipendiary Steward
JockeysandTrainer: S Toolooa-Class B Rider
Otherperson: K Hughes-Licensed Trainer, Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b868a9797885a1344a639b178a3b667a
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: 0e61104d668a917299c7cf7165a652c0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/02/2021
meet_title: Canterbury JC - 26 February 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Canterbury JC