Archive Decision

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Canterbury R 19 February 2016 – R 2 – Chair, Mr S Ching

ID: JCA17471

Applicant:
J McLaughlin- Stipendiary Steward

Respondent(s):
J Jogoo-Class B Apprentice Rider

Other Person:
K Parsons-Licensed Trainer, Mr N Ydgren - Stipendiary Steward, Mr D Prastiyou - Rider of I'M A SINGLE LADY

Information Number:
A6370

Hearing Type:
Hearing

New Charge:
Alleged breach of Rule 638(1)(d)-Careless riding

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 19 February 2016

Meet Chair:
SChing

Meet Committee Member 1:
DAnderson

Race Date:
2016/02/19

Race Number:
R2

Decision:

The charge was found to be proved.

Penalty:

We therefore determined that Mr Jogoo’s Class B Apprentice Jockey's licence be suspended from the conclusion of racing on Sunday 21 February up to and including 3 March 2016. This suspension encompasses the days racing at Omakau on 26 February, Cromwell on 28 February and Christchurch 5 March 2016.

Facts:

Following the running of Race 2, the Autumn Races Suite Package-Book Now Maiden, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Mr G Jogoo, the rider of ASOMA, alleging careless riding shortly after the start when he allowed his runner to shift inwards hampering I’M A SINGLE LADY, ridden by Mr D Prastiyou, MADETHECUT, ridden by Mr K Mudhoo and VERNA AUDREY, ridden by Miss J Morris. 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 Jogoo had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Jogoo also agreed that he understood the charge and the Rule it was brought under. Mr Jogoo was assisted at the hearing by Mrs K Parsons, Mr Jogoo’s employer.

Submissions for Decision:

Mr McLaughlin gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr N Ydgren, to show that shortly after the start, Mr Jogoo, riding ASOMA, who started from barrier position 9, was improving forward and shifting to take up a position closer to the rail. Positioned inside Mr Jogoo at this time was I’M A SINGLE LADY, ridden by Mr D Prastiyou, MADETHECUT, ridden by Mr K Mudhoo, VERNA AUDREY, ridden by Miss J Morris and COATED IN STARS, ridden by Mr T Moseley, who was in the rails position. Mr McLaughlin stated that Mr Jogoo was not subject to any pressure from his outside when he made an abrupt movement inwards when not clear OF I’M A SINGLE LADY who was hampered and had to check. Mr Jogoo, he said, continued on shifting inwards and when not clear of VERNA AUDREY took that horse's rightful line of running causing VERNA AUDREY to also check. Mr McLaughlin pointed out on the side on camera Mr Jogoo at the time he was crossing Mr Prastiyou and Miss Morris and submitted that Mr Jogoo was not his own length and another length clear in this movement.

Mr McLaughlin called Mr Prastiyou as a witness who stated that shortly after the start he had received pressure from Mr Jogoo on his outside. Mr Prastiyou stated that Mr Jogoo was only 1 ¼ lengths ahead of him when he shifted into his line. He also stated that his horse was over racing at the time which made it difficult to relieve the pressure on the runners inside him.

In answer to a question from Mrs Parsons, Mr Prastiyou, confirmed that his horse was over racing prior to and after Mr Jogoo crossed him.

Mrs Parsons submitted that it was clear that Mr Prastiyou’s horse was over racing before Mr Jogoo crossed him. She said that before Mr Jogoo gets to the outside of Mr Prastiyou his horse is moving around making contact with MADETHECUT on several occasions due to it over racing. She reiterated that it continued on over racing after Mr Jogoo have crossed in front of Mr Prastiyou.

Reasons for Decision:

We carefully considered the evidence presented at the hearing and the relevant video replays of the incident. The Committee found the films and clear evidence from Mr Prastiyou to be compelling. We were satisfied that Mr Jogoo was not his own length and another length clear of Mr Prastiyou when crossing him shortly after the start and was only at best 1 ¼ lengths clear. The Committee was also satisfied that Mr Jogoo continued on in an inwards movement and was not clear of Miss Morris’ horse when crossing into her rightful line of running. We found that Mr Jogoo was barely a length ahead of Miss Morris when crossing. The Committee determined that Mr Jogoo had ridden carelessly in this incident and therefore found the charge proved.

Submissions for Penalty:

Mr McLaughlin stated that Mr Jogoo was a busy South Island Apprentice rider. He stated that Mr Jogoo’s record showed a breach of this Rule at Riccarton on 3 October 2015 where he received a 2-day suspension. He submitted that the level of carelessness in this case was mid-range and that a suspension of 3 days be considered as penalty in this case.

The issue of deferment was discussed with Mr Jogoo and Mrs Parsons with Mr Jogoo opting to start any penalty as soon as possible.

Reasons for Penalty:

In determining penalty, the Committee took into consideration all aggravating and mitigating factors. Aggravating factors in this case was the level of carelessness and consequences of that carelessness which we assessed as being both in the mid-range. Mr Jogoo’s record of one breach over 4 months ago we assessed as being neutral. We determined there were no mitigating factors in this case. In adopting the JCA Penalty Guide starting point of 3 days for a South Island rider we determined that an appropriate penalty in this case was a suspension of 3 days.

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: e8264182f89956b80dcda420f999be17


informantnumber: A6370


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Alleged breach of Rule 638(1)(d)-Careless riding


plea: denied


penaltyrequired: 1


decisiondate: 22/02/2016


hearing_title: Canterbury R 19 February 2016 - R 2 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 2, the Autumn Races Suite Package-Book Now Maiden, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Mr G Jogoo, the rider of ASOMA, alleging careless riding shortly after the start when he allowed his runner to shift inwards hampering I’M A SINGLE LADY, ridden by Mr D Prastiyou, MADETHECUT, ridden by Mr K Mudhoo and VERNA AUDREY, ridden by Miss J Morris. 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 Jogoo had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Jogoo also agreed that he understood the charge and the Rule it was brought under. Mr Jogoo was assisted at the hearing by Mrs K Parsons, Mr Jogoo’s employer.


appealdecision:


isappeal:


submissionsfordecision:

Mr McLaughlin gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr N Ydgren, to show that shortly after the start, Mr Jogoo, riding ASOMA, who started from barrier position 9, was improving forward and shifting to take up a position closer to the rail. Positioned inside Mr Jogoo at this time was I’M A SINGLE LADY, ridden by Mr D Prastiyou, MADETHECUT, ridden by Mr K Mudhoo, VERNA AUDREY, ridden by Miss J Morris and COATED IN STARS, ridden by Mr T Moseley, who was in the rails position. Mr McLaughlin stated that Mr Jogoo was not subject to any pressure from his outside when he made an abrupt movement inwards when not clear OF I’M A SINGLE LADY who was hampered and had to check. Mr Jogoo, he said, continued on shifting inwards and when not clear of VERNA AUDREY took that horse's rightful line of running causing VERNA AUDREY to also check. Mr McLaughlin pointed out on the side on camera Mr Jogoo at the time he was crossing Mr Prastiyou and Miss Morris and submitted that Mr Jogoo was not his own length and another length clear in this movement.

Mr McLaughlin called Mr Prastiyou as a witness who stated that shortly after the start he had received pressure from Mr Jogoo on his outside. Mr Prastiyou stated that Mr Jogoo was only 1 ¼ lengths ahead of him when he shifted into his line. He also stated that his horse was over racing at the time which made it difficult to relieve the pressure on the runners inside him.

In answer to a question from Mrs Parsons, Mr Prastiyou, confirmed that his horse was over racing prior to and after Mr Jogoo crossed him.

Mrs Parsons submitted that it was clear that Mr Prastiyou’s horse was over racing before Mr Jogoo crossed him. She said that before Mr Jogoo gets to the outside of Mr Prastiyou his horse is moving around making contact with MADETHECUT on several occasions due to it over racing. She reiterated that it continued on over racing after Mr Jogoo have crossed in front of Mr Prastiyou.


reasonsfordecision:

We carefully considered the evidence presented at the hearing and the relevant video replays of the incident. The Committee found the films and clear evidence from Mr Prastiyou to be compelling. We were satisfied that Mr Jogoo was not his own length and another length clear of Mr Prastiyou when crossing him shortly after the start and was only at best 1 ¼ lengths clear. The Committee was also satisfied that Mr Jogoo continued on in an inwards movement and was not clear of Miss Morris’ horse when crossing into her rightful line of running. We found that Mr Jogoo was barely a length ahead of Miss Morris when crossing. The Committee determined that Mr Jogoo had ridden carelessly in this incident and therefore found the charge proved.


Decision:

The charge was found to be proved.


sumissionsforpenalty:

Mr McLaughlin stated that Mr Jogoo was a busy South Island Apprentice rider. He stated that Mr Jogoo’s record showed a breach of this Rule at Riccarton on 3 October 2015 where he received a 2-day suspension. He submitted that the level of carelessness in this case was mid-range and that a suspension of 3 days be considered as penalty in this case.

The issue of deferment was discussed with Mr Jogoo and Mrs Parsons with Mr Jogoo opting to start any penalty as soon as possible.


reasonsforpenalty:

In determining penalty, the Committee took into consideration all aggravating and mitigating factors. Aggravating factors in this case was the level of carelessness and consequences of that carelessness which we assessed as being both in the mid-range. Mr Jogoo’s record of one breach over 4 months ago we assessed as being neutral. We determined there were no mitigating factors in this case. In adopting the JCA Penalty Guide starting point of 3 days for a South Island rider we determined that an appropriate penalty in this case was a suspension of 3 days.


penalty:

We therefore determined that Mr Jogoo’s Class B Apprentice Jockey's licence be suspended from the conclusion of racing on Sunday 21 February up to and including 3 March 2016. This suspension encompasses the days racing at Omakau on 26 February, Cromwell on 28 February and Christchurch 5 March 2016.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J McLaughlin- Stipendiary Steward


JockeysandTrainer: J Jogoo-Class B Apprentice Rider


Otherperson: K Parsons-Licensed Trainer, Mr N Ydgren - Stipendiary Steward, Mr D Prastiyou - Rider of I'M A SINGLE LADY


PersonPresent:


Respondent:


StipendSteward:


raceid: 49f56cd9f04c58cf4873fe6d915d9a7c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2825f543e5af9c4d4988b3cf68c319bd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/02/2016


meet_title: Canterbury Racing - 19 February 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: DAnderson


meet_pm2: none


name: Canterbury Racing