Canterbury JC – 8 August 2007 – Race 8

hearingid: c62c0461ba49aec5afef32c5acf5954c

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hearing_racingtype: thoroughbred-racing

startdate: 08/08/2007

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decisiondate: no date provided

hearing_title: Canterbury JC - 8 August 2007 - Race 8

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Mr Ching filed an information request a ruling pursuant to Rule 520 (3) seeking a ruling from the Committee "as to whether C Johnson will ride either STRIKING or DAN MORAN in Race 8 (HANZ 118^th Grand National Hurdles Handicap) on today's card this is in dispute".

Mr Ching filed an information request a ruling pursuant to Rule 520 (3) seeking a ruling from the Committee "as to whether C Johnson will ride either STRIKING or DAN MORAN in Race 8 (HANZ 118^th Grand National Hurdles Handicap) on today's card this is in dispute".

Mr Ching produced a written statement dated 7.8.07 from Mr John Tannahill, holder of a Rider Agent Licence in respect of Mr Johnson for the Northern Region (a photocopy of the licence was produced). In his statement, Mr Tannahill stated that he advised Mr Lynds, trainer of STRIKING, on 26 July 2007 "that the ride on STRIKING had been confirmed by both Belinda (Belinda Middlewood, Mr Johnson's agent for the Southern Region) and Johnson". He further stated that, at that time, he was unaware that DAN MORAN was a possible ride for Mr Johnson in the Grand National Hurdles.

The written statement by Mr Tannahill contained a number of statements that were hearsay. While the Committee has the power to receive such evidence as it sees fit, it is stretching its discretion somewhat to expect it to accept many of the hearsay statements provided by Mr Tannahill.

There was lot of discussion between Ms Middlewood and Mr Tannahill concerning the various rides that, at some point, were available to Mr Johnson and a number of horses were referred to ? PENTACLES, PASCO, GOOD CHOICE, LAST FRISCO and, of course, STRIKING. It was agreed, in the course of those discussions, that STRIKING would be "a good ride". Ms Middlewood said that "Chris would decide". She went on to say that, in her opinion, Mr Tannahill had chosen to hear what he wanted to hear. She further said that Mr Johnson's South Island rides were confirmed by her and that her usual practice is to confirm South Island rides directly to the trainers.

Mr Johnson then told the Committee that he informed Mr Tannahill on Friday last (3 August) that, if DAN MORAN won the Sydenham Hurdles on Saturday, that he would be riding that horse in the Grand National Hurdles.

Ms Middlewood told the Committee that, in accordance with her usual practice, she confirmed the ride on DAN MORAN to Mr Beckett after the running of the Sydenham Hurdles.

Mr Lynds, trainer of STRIKING, confirmed what Mr Tannahill had said in his statement with regard to previous rides that Mr Johnson had had on STRIKING and also confirmed that he enquired whether Mr Johnson would be available to ride STRIKING in the Grand National Hurdles. Mr Lynds then told the Committee that he had received a firm confirmation from Mr Tannahill on Monday, 30 July, that Mr Johnson had been engaged for the ride on STRIKING.

In response to a question from the Committee, Mr Lynds confirmed that he was aware that Mr Tannahill was Mr Johnson's agent for the Northern Region but believed that, notwithstanding this, he was firmly of the view that Mr Tannahill, as Mr Johnson's agent, had the ability to commit Mr Johnson to the ride.

To a large extent, Mr Lynds' evidence was corroborated by a part-owner of STRIKING, Mr D R Frampton, who told the Committee that he had closely questioned Mr Lynds about the certainty of the engagement as it was most important to him. Mr Frampton was firmly of the view, as a result of his discussion with Mr Lynds, that there was a confirmed riding engagement on Mr Johnson's part.

The Committee then heard from Mr L R Beckett, trainer of DAN MORAN. He stated that Mr Johnson had always held the horse in high regard and that he (Mr Johnson) had worked consistently with Mr Beckett and the Committee noted that Mr Johnson had ridden DAN MORAN in its last three starts. Mr Beckett said that, had Mr Johnson not been under suspension, he would also have ridden the horse in the two starts it had in June. He went on to say that he was of the belief that he had made a binding arrangement with Mr Johnson following DAN MORAN's win at Waimate on 15 July 2007. He also confirmed the engagement made last Saturday, 4 August, for Mr Johnson to ride DAN MORAN.

Mr Ching confirmed that he was aware of the engagement made by Ms Middlewood after the Sydenham Hurdles for Mr Johnson to ride DAN MORAN in the Grand National Hurdles.

The Committee, after a deliberation, found the following as facts:

1. That the engagement for Mr Johnson as the rider of STRIKING was made on 30 July 2007 when Mr Tannahill informed Mr Lynds that the ride was confirmed; and

2. That the engagement for Mr Johnson as the rider of DAN MORAN was made subsequently on Saturday, 4 August, following the running of the Sydenham Hurdles.

We record that there is some doubt as to the exact date of the discussion between Messrs Tannahill and Lynds but, whatever the date, it is clear to the Committee that the arrangement was made at least five day's prior to the engagement to ride DAN MORAN.

Our finding as to the engagement to ride STRIKING is based on the law of agency. An agent has the power to bind his principal and this is what Mr Tannahill did and Mr Lynds was entitled to rely on that. Notwithstanding this, it seems to the Committee, on the basis of the evidence it heard, that Mr Tannahill quite clearly exceeded the terms of his authority but this is an issue between principal and agent and not between the agent and the third party. It does not matter that Mr Lynds was aware that Mr Tannahill was Mr Johnson's Northern Region agent ? the fact is that Mr Tannahill is an agent for Mr Johnson and, as stated above, Mr Lynds was entitled to rely on the agency relationship.

Accordingly, the Committee is bound to rule that Mr Johnson be and is directed to fulfil the earlier engagement to ride STRIKING in Race 8, HANZ 118^th Grand National Hurdles Handicap.

FOOTNOTE:

After delivering its oral decision, the Committee was informed that Mr Lynds had agreed to release Mr Johnson from his engagement to ride STRIKING

R G McKenzie (Chairman)

K G Hales

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hearing_type: Old Hearing

Rules: 520.3

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race_title: Race 8

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meetdate: 08/08/2007

meet_title: Canterbury JC - 8 August 2007

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