Canterbury R 21 June 2014 – R 7
ID: JCA16100
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 21 June 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/06/21
Race Number:
R7
Decision:
The charge of careless riding was found proved.
Penalty:
Mr Callaway’s jockey’s licence was suspended as from after the close of racing on Saturday, 21 June 2014, up to and including Thursday, 3 July 2014 – effectively, 4 riding days. The meetings intended to be included in the period of suspension are Wingatui on 26 June, Stratford on 27 June, Hastings on 28 June and Wanganui on 3 July.
Facts:
Following the running of Race 7, “Happy 70th Birthday” Corin Murfitt Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr L Callaway, alleging a breach of Rule 638 (1) (d) in that Mr Callaway “allowed his mount SLICK NICKEL to shift out near the 50 metres when not clear of LUCK NEMO (T M Direen) which was checked”.
Mr Callaway was present at the hearing of the information and he indicated that he denied the breach.
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
Submissions for Decision:
Mr McLaughlin had Stipendiary Steward, Mr M Zarb, show video replays of the incident with approximately 50 metres to run. He pointed out Mr Callaway, riding SLICK NICKEL, with CHIPMUNK (R C Black) to his outside and LUCKY NEMO (T M Direen) improving into a gap between those two runners.
Mr Callaway was in 3rd place and riding his mount with the whip, Mr McLaughlin said. He put his whip away and then drew it again. Miss Direen could then be seen to take hold and be checked, Mr McLaughlin submitted, having been dictated out by Mr Callaway. He accepted that Miss Black had finished the movement off but the pressure had come from Mr Callaway on the inside.
Miss Direen said that she had to take hold in the final 50 metres. Her horse was “one paced” but went to go with CHIPMUNK on its outside. She had a clear run at that stage. She then saw Mr Callaway’s mount stopping so she was trying to keep riding to beat it but had to take a hold because she had run out of room. The pressure had come from Mr Callaway on her inner. When asked by Mr Callaway, Miss Direen stated that, at the time, she thought that the pressure was coming from both sides but, having viewed the video replays, she believed that it was coming from Mr Callaway.
Mr Callaway referred to what Miss Direen had originally thought. He said that his horse had “capitulated” in the heavy ground in the last 50 metres and had shifted marginally due to the conditions. He referred to the video replays. He submitted that, when he used the whip, his mount had come out half a width. He put his hand back on the rein for a stride and his horse had balanced up. He maintained that he did not move out any further. He also submitted that CHIPMUNK had also shifted in, perhaps, a half width. Had that runner maintained a straight line, Miss Direen would not have had to check, he submitted. He had done his best to straighten his mount and keep it balanced.
Reasons for Decision:
The Committee listened to the evidence and submissions of the parties and carefully viewed the video replays of the final stages of the race from the three available angles.
We are satisfied that Miss Direen, on LUCKY NEMO, was improving into a gap between Mr Callaway on her inner and Miss Black on her outside. We find that, at that point, Mr Callaway allowed his mount to shift outwards resulting in Miss Direen having to check her mount. Miss Direen said that she was unsure of where the movement had come from at the time but, after viewing the video replays, she was unequivocal in her evidence that the movement had come from Mr Callaway on her inner.
It was established that, when Mr Callaway shifted out into the line of Miss Direen’s mount his own mount was, at most, 1¼ lengths clear and not the required own length and another length clear.
Finally, the Committee does not believe that there was any contribution by Miss Black’s mount to the check that Miss Direen received until after the damage had been done by Mr Callaway’s mount being allowed to shift out.
Submissions for Penalty:
Mr McLaughlin said that Mr Callaway has had 2 suspensions for careless riding in the past 12 months – on 17 January 2014 and 12 April 2014. He submitted that a suspension for two South Island days should be imposed.
Mr McLaughlin acknowledged that Mr Callaway has ridden in the Central Districts recently. He often goes up there to ride for Mr Campin. Mr McLaughlin had no objection to Central Districts meetings being taken into account.
Mr Callaway told the Committee that he intends to ride in the Central Districts for trainer, Mrs Thompson-Brown, and other trainers in the near future.
Mr Callaway did not seek to avail himself of any deferment of a suspension.
Reasons for Penalty:
The Committee took, as a starting point for determining penalty, the 5 days’ suspension provided by the Penalty Guide. The Committee allowed a discount of 1 day for a good riding record, bringing the suspension back to 4 days. There were no other aggravating or mitigating factors.
The period of 4 days will only encompass one South Island riding day. Mr McLaughlin submitted that there should be 2 South Island days included in any suspension. However, we have accepted Mr Callaway’s submission that he intends to be riding in the Central Districts and Mr McLaughlin’s concession that Mr Callaway does ride there from time to time.
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: bc029e2476d1e21912a555bbf8e7cdbb
informantnumber: A5719
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 17/06/2014
hearing_title: Canterbury R 21 June 2014 - R 7
charge:
facts:
Following the running of Race 7, “Happy 70th Birthday” Corin Murfitt Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr L Callaway, alleging a breach of Rule 638 (1) (d) in that Mr Callaway “allowed his mount SLICK NICKEL to shift out near the 50 metres when not clear of LUCK NEMO (T M Direen) which was checked”.
Mr Callaway was present at the hearing of the information and he indicated that he denied the breach.
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
appealdecision:
isappeal:
submissionsfordecision:
Mr McLaughlin had Stipendiary Steward, Mr M Zarb, show video replays of the incident with approximately 50 metres to run. He pointed out Mr Callaway, riding SLICK NICKEL, with CHIPMUNK (R C Black) to his outside and LUCKY NEMO (T M Direen) improving into a gap between those two runners.
Mr Callaway was in 3rd place and riding his mount with the whip, Mr McLaughlin said. He put his whip away and then drew it again. Miss Direen could then be seen to take hold and be checked, Mr McLaughlin submitted, having been dictated out by Mr Callaway. He accepted that Miss Black had finished the movement off but the pressure had come from Mr Callaway on the inside.
Miss Direen said that she had to take hold in the final 50 metres. Her horse was “one paced” but went to go with CHIPMUNK on its outside. She had a clear run at that stage. She then saw Mr Callaway’s mount stopping so she was trying to keep riding to beat it but had to take a hold because she had run out of room. The pressure had come from Mr Callaway on her inner. When asked by Mr Callaway, Miss Direen stated that, at the time, she thought that the pressure was coming from both sides but, having viewed the video replays, she believed that it was coming from Mr Callaway.
Mr Callaway referred to what Miss Direen had originally thought. He said that his horse had “capitulated” in the heavy ground in the last 50 metres and had shifted marginally due to the conditions. He referred to the video replays. He submitted that, when he used the whip, his mount had come out half a width. He put his hand back on the rein for a stride and his horse had balanced up. He maintained that he did not move out any further. He also submitted that CHIPMUNK had also shifted in, perhaps, a half width. Had that runner maintained a straight line, Miss Direen would not have had to check, he submitted. He had done his best to straighten his mount and keep it balanced.
reasonsfordecision:
The Committee listened to the evidence and submissions of the parties and carefully viewed the video replays of the final stages of the race from the three available angles.
We are satisfied that Miss Direen, on LUCKY NEMO, was improving into a gap between Mr Callaway on her inner and Miss Black on her outside. We find that, at that point, Mr Callaway allowed his mount to shift outwards resulting in Miss Direen having to check her mount. Miss Direen said that she was unsure of where the movement had come from at the time but, after viewing the video replays, she was unequivocal in her evidence that the movement had come from Mr Callaway on her inner.
It was established that, when Mr Callaway shifted out into the line of Miss Direen’s mount his own mount was, at most, 1¼ lengths clear and not the required own length and another length clear.
Finally, the Committee does not believe that there was any contribution by Miss Black’s mount to the check that Miss Direen received until after the damage had been done by Mr Callaway’s mount being allowed to shift out.
Decision:
The charge of careless riding was found proved.
sumissionsforpenalty:
Mr McLaughlin said that Mr Callaway has had 2 suspensions for careless riding in the past 12 months – on 17 January 2014 and 12 April 2014. He submitted that a suspension for two South Island days should be imposed.
Mr McLaughlin acknowledged that Mr Callaway has ridden in the Central Districts recently. He often goes up there to ride for Mr Campin. Mr McLaughlin had no objection to Central Districts meetings being taken into account.
Mr Callaway told the Committee that he intends to ride in the Central Districts for trainer, Mrs Thompson-Brown, and other trainers in the near future.
Mr Callaway did not seek to avail himself of any deferment of a suspension.
reasonsforpenalty:
The Committee took, as a starting point for determining penalty, the 5 days’ suspension provided by the Penalty Guide. The Committee allowed a discount of 1 day for a good riding record, bringing the suspension back to 4 days. There were no other aggravating or mitigating factors.
The period of 4 days will only encompass one South Island riding day. Mr McLaughlin submitted that there should be 2 South Island days included in any suspension. However, we have accepted Mr Callaway’s submission that he intends to be riding in the Central Districts and Mr McLaughlin’s concession that Mr Callaway does ride there from time to time.
penalty:
Mr Callaway’s jockey’s licence was suspended as from after the close of racing on Saturday, 21 June 2014, up to and including Thursday, 3 July 2014 – effectively, 4 riding days. The meetings intended to be included in the period of suspension are Wingatui on 26 June, Stratford on 27 June, Hastings on 28 June and Wanganui on 3 July.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J M McLaughlin-Stipendiary Steward
JockeysandTrainer: L Callaway, Licensed Jockey (Class A)
Otherperson: Miss T M Direen - Rider of LUCKY NEMO
PersonPresent:
Respondent:
StipendSteward:
raceid: 162194c2ff896f9ef47a874eb39e98f3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
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race_km:
race_otherexp:
race_chair:
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meetid: ed3752947c229fda1981b9b459e08673
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meet_emailed2: 0
meetdate: 21/06/2014
meet_title: Canterbury Racing - 21 June 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: SChing
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name: Canterbury Racing