Canterbury R 4 December 2020 – R 9 – Chair, Mr S Ching
ID: JCA16869
Code:
Thoroughbred
Meet Title:
Canterbury JC - 4 December 2020
Meet Chair:
SChing
Race Date:
2020/12/04
Race Number:
R9
Decision:
As Mr Callaway had admitted the breach, the charge was found proved.
Penalty:
Accordingly, Mr Callaway’s Class A Jockeys licence is suspended from the conclusion of racing 4 December up to and including 23 December 2020.
Facts:
Following the running of Race 9, the Rating 65, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr L Callaway, alleging careless riding in that he permitted his mount LADY VERAWOOD to shift outwards when not sufficiently clear forcing WHERE’S WALLY onto MISS CURIOUS, O’GUY and MONASH near the 450m, then continuing to shift outwards contacting MISS CURIOUS near the 350m.
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 Callaway had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Callaway also agreed that he understood the charge and the Rule it was brought under.
Mr Davidson gave evidence and used video coverage to show that nearing the 450m, LADY VERAWOOD, ridden by Mr Callaway was racing on the rail with WHERE’S WALLY (J Lowry), MISS CURIOUS (A Balloo), O’GUY (G Jogoo) and MONASH (T Comignaghi) racing to the outside of LADY VERAWOOD. He pointed out Mr Callaway shift off the rail at the 450m when not clear of WHERE’S WALLY, making contact and forcing that horse wider on the rack which in turn crowded MISS CURIOUS, O’GUY and MONASH. Mr Davidson stated that Mr Callaway was only a neck to ½ a length clear of WHERE’S WALLY when shifting out. He then pointed out Mr Callaway continue on in an outward movement and make contact with MISS CURIOUS who was crowded for room near the 350m.
Mr Callaway stated that he thought he was clear when shifting out and believed he had had a mental block. He agreed that he had made a misjudgement.
Submissions for Penalty:
Mr Davidson stated that Mr Callaway’s record showed 3 previous breaches of this rule over the prior 12 months being 29 February 2020 at Otago where he received a 7 day suspension for a mid-range breach, 3 October 2020 at Riccarton - 6 day suspension for mid to low level breach and 14 November where he received a 7 day suspension for a mid-range breach. Mr Davidson stated that the carelessness was at a high level and submitted that a starting point of a 9 to 10-day suspension be considered.
Mr Callaway elected to make no submissions on penalty. Deferment was not discussed as there were no relevant meetings for Mr Callaway over the next 7 days.
Reasons for Penalty:
The JCA Penalty Guide provides, for a high-range breach of this rule, a 10 National day suspension starting point. This Committee also assessed this breach as high range and accordingly adopted a 10 national day starting point. We considered Mr Callaway’s record to be an aggravating factor, especially the two recent suspensions received in October and November which warranted an uplift. This uplift we set at 1 day. Mr Callaway’s frank admission of the breach was a mitigating factor which warrants a discount of penalty. This discount we set at 1 day. We therefore determined that a 10 National day suspension was appropriate.
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: ac0f924cc1e5c5c6b90a6f16d1358bf7
informantnumber: A12850
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 05/12/2020
hearing_title: Canterbury R 4 December 2020 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the Rating 65, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr L Callaway, alleging careless riding in that he permitted his mount LADY VERAWOOD to shift outwards when not sufficiently clear forcing WHERE’S WALLY onto MISS CURIOUS, O’GUY and MONASH near the 450m, then continuing to shift outwards contacting MISS CURIOUS near the 350m.
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 Callaway had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Callaway also agreed that he understood the charge and the Rule it was brought under.
Mr Davidson gave evidence and used video coverage to show that nearing the 450m, LADY VERAWOOD, ridden by Mr Callaway was racing on the rail with WHERE’S WALLY (J Lowry), MISS CURIOUS (A Balloo), O’GUY (G Jogoo) and MONASH (T Comignaghi) racing to the outside of LADY VERAWOOD. He pointed out Mr Callaway shift off the rail at the 450m when not clear of WHERE’S WALLY, making contact and forcing that horse wider on the rack which in turn crowded MISS CURIOUS, O’GUY and MONASH. Mr Davidson stated that Mr Callaway was only a neck to ½ a length clear of WHERE’S WALLY when shifting out. He then pointed out Mr Callaway continue on in an outward movement and make contact with MISS CURIOUS who was crowded for room near the 350m.
Mr Callaway stated that he thought he was clear when shifting out and believed he had had a mental block. He agreed that he had made a misjudgement.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Callaway had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Davidson stated that Mr Callaway’s record showed 3 previous breaches of this rule over the prior 12 months being 29 February 2020 at Otago where he received a 7 day suspension for a mid-range breach, 3 October 2020 at Riccarton - 6 day suspension for mid to low level breach and 14 November where he received a 7 day suspension for a mid-range breach. Mr Davidson stated that the carelessness was at a high level and submitted that a starting point of a 9 to 10-day suspension be considered.
Mr Callaway elected to make no submissions on penalty. Deferment was not discussed as there were no relevant meetings for Mr Callaway over the next 7 days.
reasonsforpenalty:
The JCA Penalty Guide provides, for a high-range breach of this rule, a 10 National day suspension starting point. This Committee also assessed this breach as high range and accordingly adopted a 10 national day starting point. We considered Mr Callaway’s record to be an aggravating factor, especially the two recent suspensions received in October and November which warranted an uplift. This uplift we set at 1 day. Mr Callaway’s frank admission of the breach was a mitigating factor which warrants a discount of penalty. This discount we set at 1 day. We therefore determined that a 10 National day suspension was appropriate.
penalty:
Accordingly, Mr Callaway’s Class A Jockeys licence is suspended from the conclusion of racing 4 December up to and including 23 December 2020.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: M Davidson, Stipendiary Steward
JockeysandTrainer: L Callaway-Class A Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 854b2f724f03ef7d99314b6d4817b6ec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6125890d379b77bf10d80ae2f1c04631
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/12/2020
meet_title: Canterbury JC - 4 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Canterbury JC