Canterbury R 14 November 2012 – R 5 (request for a ruling)
ID: JCA12779
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 14 November 2012
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/11/14
Race Number:
R5
Decision:
We find that Mr Callaway was engaged to ride "Slick Nickel" in the "Valachi Downs Canterbury Breeders Stakes" and that such engagement was broken by the owners' agent, just prior to rider declaration time for the meeeting on Wednesday 14th November 2012.
Mr Callaway is to be paid a losing riding fee by the connections of "Slick Nickel". We direct accordingly.
We note that he does not, at this late stage seek to ride "Slick Nickel" and thus it is not required of us to direct so.
Facts:
The Stipendiary Stewards requested a ruling due to L Callaway claiming an engagement for "Slick Nickel" in Race 5 as to who holds entitlement to ride the horse.
Declarations for riders for the meeting at Riccarton Park on Wednesday 14th November 2012 closed at 1 pm on Monday 12th November 2012. Mr Callaway told the hearing that he was expecting to ride the horse "Slick Nickel" on 14th November 2012 in the "Valachi Downs Canterbury Breeders Stakes", because he had ridden the horse in its last 2 starts, having won on each occasion. He said that after winning on the first occasion, that he was told by Ms Emma Stackhouse, the trainer of "Slick Nickel", that he would be riding the horse in the "Valachi Downs". He went on to say that about 10 days ago, he was told by Ms Stackhouse "not to take another ride in the "Valachi Downs"."
It transpired that "Slick Nickel" was a "dual acceptor" having been nominated by the connections for Race 8, the "Independent Meat Premier" (from which race it was scratched) in addition to the "Valachi Downs". Mr Callaway told the hearing that about 1-2 hours before rider declaration time that he was contacted by Mr P Harris, the owners' agent, and told that he would not be riding "Slick Nickel" in the "Valachi Downs" but would get the ride in the "Independent Meat Premier", if it started in that race. By that time it was too late for him to "chase" other rides.
Ms Spittles, the stable representative for Ms Stackhouse, said that she had no direct involvement but was of the understanding that Mr Callaway would be riding "Slick Nickel" in whichever race it started in.
Submissions for Decision:
The Stipendiary Stewards submitted that they had spoken to Ms Stackhouse (who was not present on course). She was reluctant to go into any depth on the matter, and said that to all intents and purposes, she had been over-ruled by the owners' agent, Mr P Harris, who had arranged to bring Mr Brad Stewart, an Australian jockey, over, to ride the horse in the "Valachi Downs". They further submitted that because Mr Harris contacted Mr Callaway to tell him that he would not be riding "Slick Nickel" then surely the inference could be drawn that Mr Callaway had been engaged to ride the horse.
Reasons for Decision:
We are able, on the totality of the evidence, to find that Mr Callaway was engaged to ride the horse in whichever race it was to start in. He had been told so by the trainer, Ms Stackhouse. We also readily draw the inference that Mr P Harris, as the owners' agent must also have been of that belief, because it was he who contacted Mr Callaway to tell him that he would not be riding "Slick Nickel" in the "Valachi Downs".
Our authority to direct the payment of a losing riding fee, we consider, is contained in Rule 902(2)(b)(v).
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: 57c405f1a6d036248c51739e79e5fc49
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 24/11/2012
hearing_title: Canterbury R 14 November 2012 - R 5 (request for a ruling)
charge:
facts:
The Stipendiary Stewards requested a ruling due to L Callaway claiming an engagement for "Slick Nickel" in Race 5 as to who holds entitlement to ride the horse.
Declarations for riders for the meeting at Riccarton Park on Wednesday 14th November 2012 closed at 1 pm on Monday 12th November 2012. Mr Callaway told the hearing that he was expecting to ride the horse "Slick Nickel" on 14th November 2012 in the "Valachi Downs Canterbury Breeders Stakes", because he had ridden the horse in its last 2 starts, having won on each occasion. He said that after winning on the first occasion, that he was told by Ms Emma Stackhouse, the trainer of "Slick Nickel", that he would be riding the horse in the "Valachi Downs". He went on to say that about 10 days ago, he was told by Ms Stackhouse "not to take another ride in the "Valachi Downs"."
It transpired that "Slick Nickel" was a "dual acceptor" having been nominated by the connections for Race 8, the "Independent Meat Premier" (from which race it was scratched) in addition to the "Valachi Downs". Mr Callaway told the hearing that about 1-2 hours before rider declaration time that he was contacted by Mr P Harris, the owners' agent, and told that he would not be riding "Slick Nickel" in the "Valachi Downs" but would get the ride in the "Independent Meat Premier", if it started in that race. By that time it was too late for him to "chase" other rides.
Ms Spittles, the stable representative for Ms Stackhouse, said that she had no direct involvement but was of the understanding that Mr Callaway would be riding "Slick Nickel" in whichever race it started in.
appealdecision:
isappeal:
submissionsfordecision:
The Stipendiary Stewards submitted that they had spoken to Ms Stackhouse (who was not present on course). She was reluctant to go into any depth on the matter, and said that to all intents and purposes, she had been over-ruled by the owners' agent, Mr P Harris, who had arranged to bring Mr Brad Stewart, an Australian jockey, over, to ride the horse in the "Valachi Downs". They further submitted that because Mr Harris contacted Mr Callaway to tell him that he would not be riding "Slick Nickel" then surely the inference could be drawn that Mr Callaway had been engaged to ride the horse.
reasonsfordecision:
We are able, on the totality of the evidence, to find that Mr Callaway was engaged to ride the horse in whichever race it was to start in. He had been told so by the trainer, Ms Stackhouse. We also readily draw the inference that Mr P Harris, as the owners' agent must also have been of that belief, because it was he who contacted Mr Callaway to tell him that he would not be riding "Slick Nickel" in the "Valachi Downs".
Our authority to direct the payment of a losing riding fee, we consider, is contained in Rule 902(2)(b)(v).
Decision:
We find that Mr Callaway was engaged to ride "Slick Nickel" in the "Valachi Downs Canterbury Breeders Stakes" and that such engagement was broken by the owners' agent, just prior to rider declaration time for the meeeting on Wednesday 14th November 2012.
Mr Callaway is to be paid a losing riding fee by the connections of "Slick Nickel". We direct accordingly.
We note that he does not, at this late stage seek to ride "Slick Nickel" and thus it is not required of us to direct so.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: Rule 330)2), Any dispute with reference to the engagement or engagements of a Rider to ride at a particular Race Meeting or Race Meetings shall be determined by a Judicial Committee at the request of a Stipendiary Steward or any of the parties to the dispute;, Rule 902(2), The functions of a Judicial Committee shall be:, (b)to consider and determine the following matters in connection with racing:, (v)all questions of liability of all persons in respect of payments under these Rules which so arise;
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Ms Centaine Spittles (Stable representative), Mr L Callaway - Licensed Jockey
Respondent:
StipendSteward: Mr R L Neal - Co-Chief Stipendiary Steward
raceid: 459b402958590930cbda0e7536689540
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 584d32d2ef2fb1a9291e0a6e81061e06
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/11/2012
meet_title: Canterbury Racing - 14 November 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing