Archive Decision

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Canterbury JC – 5 August 2006 – Race 4

ID: JCA19200

Hearing Type:
Old Hearing

Rules:
871.1.d, 1122.2

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Canterbury JC - 5 August 2006

Race Date:
2006/08/05

Race Number:
Race 4

Decision:

Following Race 4, Apprentice Jockey L Callaway was charged with careless riding pursuant to Rule 871(1)(d).



Following Race 4, Apprentice Jockey L Callaway was charged with careless riding pursuant to Rule 871(1)(d). The Information alleged:

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"With approximately 400 metres left to run, L Callaway, the rider of "Baltane", when not sufficiently clear, shifted outwards and made contact with "Jinxed" (B Herd) forcing "Jinxed" off its rightful race line."

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The informant's case

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Mr Ching called Licensed Jockey B Herd to give evidence. Mr Herd told the hearing that "Baltane" was inside him and came out when there was no gap between Mr Herd and the horse on Mr Herd's inside and as a consequence, pushed Mr Herd's mount off line. He confirmed that the gap was between him and the horse directly inside him was insufficient for another horse to come through.

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Mr Fraser-Campin, on Mr Callaway's behalf, asked Mr Herd if Mr Callaway's actions had put him in any danger. Mr Herd confirmed that he did not consider he was placed in danger by Mr Callaway's actions. Mr Herd also said that he considered that the horse directly inside him "rolled out" slightly.

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Mr Ching showed the video camera coverage of the incident using the 600 metre camera (rear on) and the head on camera video coverage.

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The video coverage demonstrated the incident quite clearly. Mr Callaway effectively pushed Mr Herd's mount out of the way where Mr Herd and the horse directly on the inside of him were on a racing line that they were both entitled to maintain.

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The defendant's case

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Mr Fraser-Campin, on behalf of Mr Callaway, submitted that "Baltane" was an "odds on" favourite and that Mr Callaway had a duty to ride competitively and that in his opinion, the actions of Mr Callaway did not place any other horse or rider in danger.

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In response, Mr Ching submitted that there was a point of danger when "Baltane" was on the heels of the horse directly inside that of Mr Herd's mount. Mr Ching also observed that Mr Callaway's mount was not sufficiently clear in terms of the Rules of Racing.

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Decision

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The Rules of Racing are quite clear. Before a passing move is made, a rider must ensure that he is his own horse's length and another length clear before making a move. If a gap is to be taken, it must be there and readily available to be taken.

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Quite clearly, Mr Callaway was not sufficiently clear in terms of the Rules and effectively "bullocked" his way into a gap which was insufficient in all of the circumstances.

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Having reached those conclusions, we are left in no doubt that an appropriate standard of proof has been made out by the Stipendiary Steward and the charge is proved accordingly.

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Penalty decision

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Mr Ching provided details of Mr Callaway's riding record. He has been suspended on three separate occasions between December 2005 and May 2006 and was suspended from race riding on each occasion.

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Mr Fraser-Campin, in support of Mr Callaway, urged on the committee the fact that Mr Callaway is in the last six months of his apprenticeship and that he is a competitive rider, and that his record is comparatively good.

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We are in no doubt that a suspension is an appropriate penalty. In setting the suspension period, we have had regard to Mr Callaway's race riding record, the degree of carelessness and the stake payable in the race. These are some of the factors that we are obliged to take account of in terms of Rule 1122(2) of the Rules of Racing.

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Therefore, we set the suspension from the conclusion of racing on Wednesday 9 August 2006 until the conclusion of racing on Saturday 19 August 2006. On the basis of what we have been informed by Mr Callaway and Mr Fraser-Campin as to where Mr Callaway would anticipate riding in that period, the suspension that we have imposed equates to six days suspension.

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------------------.

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KG Hales

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Chairman

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: 334921209f9ddfc53c291d69230fc838


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 05/08/2006


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Canterbury JC - 5 August 2006 - Race 4


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following Race 4, Apprentice Jockey L Callaway was charged with careless riding pursuant to Rule 871(1)(d).



Following Race 4, Apprentice Jockey L Callaway was charged with careless riding pursuant to Rule 871(1)(d). The Information alleged:

--

------

"With approximately 400 metres left to run, L Callaway, the rider of "Baltane", when not sufficiently clear, shifted outwards and made contact with "Jinxed" (B Herd) forcing "Jinxed" off its rightful race line."

--

--

The informant's case

--

--

Mr Ching called Licensed Jockey B Herd to give evidence. Mr Herd told the hearing that "Baltane" was inside him and came out when there was no gap between Mr Herd and the horse on Mr Herd's inside and as a consequence, pushed Mr Herd's mount off line. He confirmed that the gap was between him and the horse directly inside him was insufficient for another horse to come through.

--

--

Mr Fraser-Campin, on Mr Callaway's behalf, asked Mr Herd if Mr Callaway's actions had put him in any danger. Mr Herd confirmed that he did not consider he was placed in danger by Mr Callaway's actions. Mr Herd also said that he considered that the horse directly inside him "rolled out" slightly.

--

--

Mr Ching showed the video camera coverage of the incident using the 600 metre camera (rear on) and the head on camera video coverage.

--

--

The video coverage demonstrated the incident quite clearly. Mr Callaway effectively pushed Mr Herd's mount out of the way where Mr Herd and the horse directly on the inside of him were on a racing line that they were both entitled to maintain.

--

--

The defendant's case

--

--

Mr Fraser-Campin, on behalf of Mr Callaway, submitted that "Baltane" was an "odds on" favourite and that Mr Callaway had a duty to ride competitively and that in his opinion, the actions of Mr Callaway did not place any other horse or rider in danger.

--

--

In response, Mr Ching submitted that there was a point of danger when "Baltane" was on the heels of the horse directly inside that of Mr Herd's mount. Mr Ching also observed that Mr Callaway's mount was not sufficiently clear in terms of the Rules of Racing.

--

--

Decision

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--

The Rules of Racing are quite clear. Before a passing move is made, a rider must ensure that he is his own horse's length and another length clear before making a move. If a gap is to be taken, it must be there and readily available to be taken.

--

--

Quite clearly, Mr Callaway was not sufficiently clear in terms of the Rules and effectively "bullocked" his way into a gap which was insufficient in all of the circumstances.

--

--

Having reached those conclusions, we are left in no doubt that an appropriate standard of proof has been made out by the Stipendiary Steward and the charge is proved accordingly.

--

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Penalty decision

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--

Mr Ching provided details of Mr Callaway's riding record. He has been suspended on three separate occasions between December 2005 and May 2006 and was suspended from race riding on each occasion.

--

--

Mr Fraser-Campin, in support of Mr Callaway, urged on the committee the fact that Mr Callaway is in the last six months of his apprenticeship and that he is a competitive rider, and that his record is comparatively good.

--

--

We are in no doubt that a suspension is an appropriate penalty. In setting the suspension period, we have had regard to Mr Callaway's race riding record, the degree of carelessness and the stake payable in the race. These are some of the factors that we are obliged to take account of in terms of Rule 1122(2) of the Rules of Racing.

--

--

Therefore, we set the suspension from the conclusion of racing on Wednesday 9 August 2006 until the conclusion of racing on Saturday 19 August 2006. On the basis of what we have been informed by Mr Callaway and Mr Fraser-Campin as to where Mr Callaway would anticipate riding in that period, the suspension that we have imposed equates to six days suspension.

--

--

 

--

------------------.

--

KG Hales

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d, 1122.2


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4ce66927f2652071875c33097fb8ffb9


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 4


submittochair:


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meetdate: 05/08/2006


meet_title: Canterbury JC - 5 August 2006


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tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


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name: Canterbury JC