Canterbury R 5 September 2015 – R 9 (heard at Ashburton on 12 September 2015) – Chair, Mr K Hales

hearingid: 38b134529c8a50746bf5865733fda664

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 05/09/2015

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Canterbury R 5 September 2015 - R 9 (heard at Ashburton on 12 September 2015) - Chair, Mr K Hales

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: J McLaughlin – Stipendiary Steward

Respondent: L Callaway – Licensed Jockey

Information No: A5388

Meeting: Canterbury R

Date: 5 September 2015 (heard at Ashburton on 12 September 2015)

Rule: 638 (1)

Race: 9

Judicial Committee: KG Hales, Chairman - D Anderson, Committee Member

Plea: Not admitted

Charge: Careless riding

“A rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) Careless

Evidence for the Informant:

As a result of an incident which occurred approximately 200 metres from the start of Race 9, “Pryde’s Easifeed Rating 65”, Licensed Jockey L Callaway was charged with careless riding. The Stipendiary Stewards alleged:

“L Callaway shifted inwards when not clear of “El Bee Dee” (K Williams) near the 1400 metres resulting in checks to “El Bee Dee” and “Secret Power” (D Prastiyou”.

Mr Callaway did not admit the breach of Rule 638(1)(d).

Video coverage from the head on and side on cameras was shown to hearing.

The evidence was that Mr Callaway, whose horse had drawn wide at the barrier, began an inward movement shortly after the start. As the field approached the 1400 metres mark, Mr Callaway’s mount began to place inwards pressure on “El Bee Dee” and “Secret Power”, both of which were racing on his inside.

The pressure which the Stipendiary Stewards alleged was caused by Mr Callaway, was such that neither of the inside horses could relieve the pressure that came on to them, when they were both trying to maintain their rightful racing lines. The end result was that “El Bee Dee” placed pressure on “Secret Power” and both horses received checks in the process.

Mr McLaughlin called Licensed Jockey, Ms K Williams to give evidence. She said that she came under pressure from her outside shortly after the start which pressure she could not relieve because of the horse/s to her inside. Ms Williams said that her horse was “over racing” but was maintaining its rightful line. She said that she went to go forward but could not do so, and as a consequence she could not relieve the pressure that she was putting on the horse to her inside, namely, “Secret Power”. Buffeting occurred between the two horses in question. Ms Williams pointed out the incident on the video coverage.

Mr Callaway cross examined by asking Ms Williams if he was at least one and a half lengths clear of her when he moved across her line.

Ms Williams agreed that he was about that distance clear.

Apprentice Jockey D Prastiyou the rider of “Secret Power” gave evidence. He said that he received pressure from Ms Williams on his outside. He said that he had to take a hold of his mount and lost his position. He maintained that at all material times he had established a rightful running line which he was entitled to maintain. In answer to a question from Mr Callaway he agreed that his horse was on a forward movement, but said that he was half a length on her when the pressure came on. He could not relieve the pressure he was subjected to. Mr Callaway also asked Mr Prastiyou if he had taken a hold of his mount before Ms Williams placed him under pressure. Mr Prastiyou did not agree with this, saying that he had established his running line which he had to check out of. Mr Prastiyou confirmed his evidence to the hearing by reference to the video coverage.

Evidence for the Respondent:

Mr Callaway was given the opportunity to call witnesses. He did not have witnesses to call but elected to give evidence on his own behalf.

He said that he believed that he was sufficiently clear of Ms Williams when he shifted inwards. He submitted that her mount was “over racing” and said that if he was not sufficiently clear, then he would have heard a “lot of yells”, but that he didn’t hear any. He maintained that the video coverage did not assist him, especially the head on camera view. He said that he did not believe that he was responsible for Ms Williams’ mount causing the tightening to “Secret Power” as he believed that he was well clear of “El Bee Dee” when the tightening occurred. He said that from his point of view, neither “El Bee Dee” nor “Secret Power” received checks which were not of his making.

Mr McLaughlin asked in cross examination why “El Bee Dee’s” head was turned inwards as he came across, Mr Callaway said that it was because it was “over racing”. Mr Callaway acknowledged that Ms Williams said that she couldn’t relieve the pressure she was receiving from the outside.

Mr Callaway did not challenge the evidence given by Ms Williams that he was only a length and a half clear when he shifted inwards.

Submissions for the Informant:

In summary, Mr McLaughlin said that it was Mr Callaway who shifted inwards and placed pressure on Ms Williams which she could not relieve. He said that there was no prerequisite for riders to “yell out” in such circumstances. He said that Mr Prastiyou had his rightful running line deprived and that Mr Callaway was not his own length and another length clear when he shifted inwards across the line of “El Bee Dee”.

Submissions for the Respondent:

In summary, Mr Callaway said that the tightening had already occurred to Mr Prastiyou in particular and maintained his submission that Mr Prastiyou did not have to “check out” of his position as a result of his actions in shifting inwards. He was of the view that the head on camera angle did not assist him, but submitted that the side on camera angle showed that he was sufficiently clear.

Reason for Decision:

As the field approached the 1400 metres mark, in Race 9 at the Canterbury Jockey Club’s meeting on 5th September 2015, Mr L Callaway, whose mount “Maeve Davone” was drawn on the outside began an inward movement. To his inside was “El Bee Dee” (Ms K Williams) and “Secret Power” (Mr D Prastiyou). In the process, Mr Callaway went past “El Bee Dee” and “Secret Power” when not his own length and another length clear. Ms Williams acknowledged that her mount was “over racing”, but said that Mr Callaway, even though he may have been about one and a half lengths clear of her, in the process of his inward movement, put her under pressure which she could not relieve. The consequence of this was that she in turn placed Mr Prastiyou’s mount under pressure. The video coverage from the head on perspective confirmed this evidence. Buffeting occurred between Ms Williams and Mr Prastiyou and both had their rightful running lines taken from them.

It was Mr Callaway’s argument that even though he was only one and a half lengths clear that both Ms Williams and Mr Prastiyou were having bother with their mounts and that his actions were not causative of the buffeting and checking of those two horses.

We have listened carefully to both points of view and studied the video coverage. It is fundamental in Thoroughbred Racing that a rider must have his horse its own length and another length clear when moving across the line of another horse or horses.

Mr Callaway, on his own admission was only one and a half lengths clear, and even though Ms Williams agreed with this, it is our assessment from the totality of the evidence, that this estimate may have been generous.

We accept that Mr Callaway may have made a misjudgement, but nevertheless, that misjudgement constituted careless riding, albeit at the lower end of the scale.

Decision:

This committee is satisfied on the basis of the evidence and submissions put to us that Mr Callaway rode carelessly and the charge is found proved accordingly.

Submissions for Penalty:

Mr McLaughlin submitted that the degree of carelessness was “low end”, and that it was a “lazy” movement on Mr Callaway’s part.

He said that Mr Callaway has had two suspensions since June 2015 for careless riding, namely two days at Timaru in July and three days plus a fine of $250 on 24th July 2015.

Mr McLaughlin submitted that in the circumstances a suspension of four days would be appropriate.

In response, Mr Callaway said that his recent suspension which encompassed the Grand National Carnival had been expensive for him. He asked for a shorter term of suspension, perhaps two days and a fine. He also submitted that his degree of carelessness was at the lower end. Mr Callaway applied for a deferment of the period of suspension.

Reasons for Penalty:

The starting point for penalty is that set out in the Judicial Control Authority’s Penalty Guideline, namely a suspension of three days for South Island riders. We are aware, that Mr Callaway is a South Island rider.

Against that we must take into account aggravating and mitigating factors.

The safety of several other riders was compromised by virtue of the crowding that was caused by the pressure that Mr Callaway’s actions placed on them but having said that, we accept that Mr Callaway misjudged the distance he needed to be from other horses when making an inwards movement.

We find after considering all of the evidence, and the submissions, that the degree of carelessness was at the lower end of the scale.

Mr Callaway has a recent suspensions of 2 days and 3 days respectively. Those factors are aggravating factors which compel us to make an uplift on our starting point of 1 day making the starting point a suspension of 4 days.

There are no other mitigating factors that we have taken into account, except to the extent that two charges of careless riding in recent months could been seen as giving Mr Callaway’s record the description of “reasonably good” and that will be reflected to a degree in the overall penalty.

However, because we have found that the degree of carelessness was at the lower end of the scale, and because Mr Callaway has suffered financially of recent times, we are prepared to afford Mr Callaway a discount on our starting point of one day, making the period of suspension, three days.

Mr Callaway has said that he wishes to be able to ride at Riccarton on Saturday 19th September 2015 and applied for a deferment of his suspension. We are satisfied that he has engagements for that day and his application is granted accordingly.

Penalty:

Mr Callaway is suspended from race riding for three days. Those race days are Wingatui 26th September, Canterbury Jockey Club 3rd October and Timaru 9th October 2015.

KG Hales        D Anderson

Chairman       Committee Member

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 638(1)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: