Gore RC 27 September 2019 – R 4 – Chair, Prof G Hall
ID: JCA13632
Code:
Thoroughbred
Meet Title:
Gore RC - 27 September 2019
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2019/09/27
Race Number:
R 4
Decision:
In making his inwards move Mr Callaway is never his length and another clear. This is confirmed by Mr Johnson’s evidence and the side-on video angle. We thus find the breach proved.
Penalty:
Mr Callaway’s licence is suspended for 7 National days. This is from the end of racing today (27 September) up to and including 10 October 2019.
Facts:
Mr Davidson alleged that Mr Callaway (RENOUNCE) in race 4, the BOEHRINGER INGELHEIM MAIDEN 1200 metres, allowed his mount to shift inwards passing the 950 metres causing GINNY (C Johnson) to be taken inwards onto TO SIR WITH LOVE (A Bohorun) which was checked.
Submissions for Decision:
Mr McLaughlin, Stipendiary Steward, demonstrated on the films that Mr Callaway had come across from an outside barrier stall and was racing 4 wide as the field left the chute and approached the running rail. He said Mr Callaway placed pressure on Mr Johnson who was pushed into a 2-wide line and, as a consequence, Mr Bohorun, who was racing 2-wide, had to take hold of his mount and was checked. He demonstrated on the side-on video that the respondent was not his length and another clear at this time. He further demonstrated that when Mr Callaway was racing 4 wide he was looking inwards towards the rail.
Mr Callaway questioned Mr McLaughlin as to whether the head of RENOUNCE was pulled out to the right (outwards) at the time of the pressure on Mr Johnson. Mr McLaughlin replied that the pressure had been on Mr Johnson for a long time before the horse’s head was turned and that Mr Callaway had been too late to relieve the pressure. He agreed with Mr Callaway that there did not appear to be contact between RENOUNCE and GINNY.
Mr Bohorun gave evidence that he was sitting handy 2 wide when he saw Mr Johnson coming across. He was cut short as Mr Johnson was only a ½ to ¾ length in front of him and he had to pull back. He had had to check his mount to avoid Mr Johnson’s heels. When asked could he see why Mr Johnson shifted in, he replied he thought Mr Johnson’s horse was hanging and that there was pressure from the outside on Mr Johnson. He was not sure where that pressure came from and he was yelling to Mr Johnson to give him room.
Mr Callaway questioned Mr Bohorun as to whether the incident occurred where the rail comes out. He replied that it did, but he was checked because Mr Johnson came into his running line. He thought his horse might have over-reacted a little bit and that Mr Johnson was having trouble with his mount.
Mr Johnson gave evidence that he was 3-wide coming into the bend. As the field neared the rail it was bunched up and it got tight due to pressure from the outside and he shifted in as a consequence. There were 2 riders to his inside; Mr Bohorun was immediately inside him. He heard no one calling.
Mr Johnson said his horse over-raced and ran greenly. He did not think there was contact with Mr Callaway. He tried to resist Mr Callaway but could not relieve the pressure as Mr Callaway had half a length on him when he came across and into his line. He had nowhere else to go but to shift in.
Mr Johnson agreed with Mr Callaway that it had become congested at the corner and that the horses to the inside had shifted out. The field was compact going into the corner. He said his horse was racing fiercely and had moved away from Mr Callaway’s mount. It did race erratically.
Mr Davidson asked Mr Johnson as this was a maiden field and a number of the horses were green, was it not prudent to give more room as the field raced into the bend. Mr Johnson agreed that it was. The field was bunched. He was concerned that they were tight, and he was aware there was a horse inside Mr Bohorun.
Mr Callaway said it was a maiden field on a tight track. His horse had jumped out good. He saw that Mr Mudhoo had come across quickly and he decided he would go forward too. He was in no hurry as he believed he had plenty of time. He was aware he had come in a little bit, but he believed the camera angle and the rail made it look worse and that he had come in more than he had. The field itself had come out approaching the rail and this was why Mr Johnson went from 3 to 2 off the rail.
Mr Callaway said he had looked and had seen that the rail was coming up and he tried to pull RENOUNCE out to relieve the pressure to the horse to his inside. His horse was a big strong green maiden and it took time to respond as it was still finding its feet and had to get around the bend. He reiterated that while he had come in a little bit, it was a compact field and that they had come out. He was doing his best to give everyone room and to relieve the pressure. He still had a good hold of his horse. There were a lot of things happening. It was not just him shifting in. Mr Johnson was racing greenly and the horse on the inside was shifting out. Mr Johnson’s horse had over-reacted. He did not hear any calling.
Mr Davidson summed up stating the respondent had shifted in after following Mr Mudhoo across. There was not room for 3 runners to the inside of Mr Callaway. When the respondent relieved the pressure on Mr Johnson, Mr Johnson was already 2 ½ wide. There was never a chance for Mr Johnson to relieve the pressure on Mr Bohorun, who had had to check. It was a maiden field, Mr Callaway knew the rail was coming up, and had not given Mr Johnson enough room.
Mr Callaway said the rail has come out, as had the horses on the inside. He was doing his best to keep a straight line and was endeavouring to give Mr Johnson room.
Reasons for Decision:
Both the video evidence and that of Mr Bohorun and Mr Johnson is to the effect that pressure was placed on Mr Johnson who came into the running line of Mr Bohorun when he was forced to shift from a 3 to a 2 wide position. The source of that pressure was an inwards movement from the respondent when he followed Mr Mudhoo and shifted from an outside barrier towards the running rail. Mr Callaway is correct when he states the field was coming up to the bend. The field was exiting the chute and coming on to the track proper. Any movement from the inside was marginal and no more than would be expected as the field as a whole shifted towards the rail. We accept that the respondent has endeavoured to straighten his horse when he becomes aware that he has placed pressure on Mr Johnson and that Mr Johnson is in trouble, but this is simply too late. Mr Johnson has no way to relieve the pressure other than to shift in. This he does and, in so doing, he comes into the line of Mr Bohorun, who has to take hold and check his mount. In so doing, Mr Bohorun briefly inconveniences the horse behind him.
Submissions for Penalty:
Mr Davidson produced the respondent’s record which showed 4 breaches: 2 December 2018 — 7 days; 28 December — 10 days; 31 March — 10 days and 24 May — 4 weeks. He said that while the record looked bad there was nothing in the last 4 months and he would leave it up to the Committee to decide whether an uplift was necessary. He added that Mr Callaway was a busy rider averaging over 300 rides a season and he would have had a number of rides since his last suspension.
Mr Davidson said the breach was mid to low range. Mr Johnson had had to shift ground, Mr Bohorun had had to check his mount, and the horse following Mr Bohorun was also momentarily inconvenienced.
Mr Davidson stated that he believed a suspension of 6 to 7 days was appropriate. He said in mitigation for Mr Callaway, Mr Johnson’s horse was racing greenly.
Mr Callaway stated he did not believe his riding was careless and that he was disappointed that he would miss riding at a feature day at Riccarton, as he had a full book of rides, including a couple of horses that he was riding in work, which were getting ready for Cup week. He did not want to lose these rides. He questioned whether he could not just be warned. He did not request a deferment, as the Riccarton meeting was outside the 7 day period.
Reasons for Penalty:
We believe that the breach is at the lower end of mid-range. We so rate it because Mr Callaway’s carelessness consisted in his shifting inwards across the face of the field when not his length and another clear. Mr Johnson was placed under pressure and was forced to shift inwards and into the running line of Mr Bohorun. From an 8-day starting point we reduce this by a day due to the fact that Mr Johnson stated in his evidence that his horse was green and over-reacted to the pressure from his outside. It is evident that GINNY was over-racing prior to this pressure and that Mr Callaway’s actions were not the sole reason that GINNY shifted inwards. In addition, to his credit, the respondent attempted to straighten RENOUNCE once he was aware of the fact that he had shifted inwards. Unfortunately, this was too late, the damage had been done in that Mr Johnson had run out of room.
Mr Callaway’s record is such that by a fine margin we regard it as a neutral factor. Two of his breaches are December last year and thus some time ago. His last breach was 4 months ago, and he is a busy South Island rider. Mr Callaway served a significant penalty of 4 weeks’ suspension for that breach, due to there being a fall.
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: 508850a26653b1231df62fdb2fce896b
informantnumber: A9100
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: denied
penaltyrequired: 1
decisiondate: 01/10/2019
hearing_title: Gore RC 27 September 2019 - R 4 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that Mr Callaway (RENOUNCE) in race 4, the BOEHRINGER INGELHEIM MAIDEN 1200 metres, allowed his mount to shift inwards passing the 950 metres causing GINNY (C Johnson) to be taken inwards onto TO SIR WITH LOVE (A Bohorun) which was checked.
appealdecision:
isappeal:
submissionsfordecision:
Mr McLaughlin, Stipendiary Steward, demonstrated on the films that Mr Callaway had come across from an outside barrier stall and was racing 4 wide as the field left the chute and approached the running rail. He said Mr Callaway placed pressure on Mr Johnson who was pushed into a 2-wide line and, as a consequence, Mr Bohorun, who was racing 2-wide, had to take hold of his mount and was checked. He demonstrated on the side-on video that the respondent was not his length and another clear at this time. He further demonstrated that when Mr Callaway was racing 4 wide he was looking inwards towards the rail.
Mr Callaway questioned Mr McLaughlin as to whether the head of RENOUNCE was pulled out to the right (outwards) at the time of the pressure on Mr Johnson. Mr McLaughlin replied that the pressure had been on Mr Johnson for a long time before the horse’s head was turned and that Mr Callaway had been too late to relieve the pressure. He agreed with Mr Callaway that there did not appear to be contact between RENOUNCE and GINNY.
Mr Bohorun gave evidence that he was sitting handy 2 wide when he saw Mr Johnson coming across. He was cut short as Mr Johnson was only a ½ to ¾ length in front of him and he had to pull back. He had had to check his mount to avoid Mr Johnson’s heels. When asked could he see why Mr Johnson shifted in, he replied he thought Mr Johnson’s horse was hanging and that there was pressure from the outside on Mr Johnson. He was not sure where that pressure came from and he was yelling to Mr Johnson to give him room.
Mr Callaway questioned Mr Bohorun as to whether the incident occurred where the rail comes out. He replied that it did, but he was checked because Mr Johnson came into his running line. He thought his horse might have over-reacted a little bit and that Mr Johnson was having trouble with his mount.
Mr Johnson gave evidence that he was 3-wide coming into the bend. As the field neared the rail it was bunched up and it got tight due to pressure from the outside and he shifted in as a consequence. There were 2 riders to his inside; Mr Bohorun was immediately inside him. He heard no one calling.
Mr Johnson said his horse over-raced and ran greenly. He did not think there was contact with Mr Callaway. He tried to resist Mr Callaway but could not relieve the pressure as Mr Callaway had half a length on him when he came across and into his line. He had nowhere else to go but to shift in.
Mr Johnson agreed with Mr Callaway that it had become congested at the corner and that the horses to the inside had shifted out. The field was compact going into the corner. He said his horse was racing fiercely and had moved away from Mr Callaway’s mount. It did race erratically.
Mr Davidson asked Mr Johnson as this was a maiden field and a number of the horses were green, was it not prudent to give more room as the field raced into the bend. Mr Johnson agreed that it was. The field was bunched. He was concerned that they were tight, and he was aware there was a horse inside Mr Bohorun.
Mr Callaway said it was a maiden field on a tight track. His horse had jumped out good. He saw that Mr Mudhoo had come across quickly and he decided he would go forward too. He was in no hurry as he believed he had plenty of time. He was aware he had come in a little bit, but he believed the camera angle and the rail made it look worse and that he had come in more than he had. The field itself had come out approaching the rail and this was why Mr Johnson went from 3 to 2 off the rail.
Mr Callaway said he had looked and had seen that the rail was coming up and he tried to pull RENOUNCE out to relieve the pressure to the horse to his inside. His horse was a big strong green maiden and it took time to respond as it was still finding its feet and had to get around the bend. He reiterated that while he had come in a little bit, it was a compact field and that they had come out. He was doing his best to give everyone room and to relieve the pressure. He still had a good hold of his horse. There were a lot of things happening. It was not just him shifting in. Mr Johnson was racing greenly and the horse on the inside was shifting out. Mr Johnson’s horse had over-reacted. He did not hear any calling.
Mr Davidson summed up stating the respondent had shifted in after following Mr Mudhoo across. There was not room for 3 runners to the inside of Mr Callaway. When the respondent relieved the pressure on Mr Johnson, Mr Johnson was already 2 ½ wide. There was never a chance for Mr Johnson to relieve the pressure on Mr Bohorun, who had had to check. It was a maiden field, Mr Callaway knew the rail was coming up, and had not given Mr Johnson enough room.
Mr Callaway said the rail has come out, as had the horses on the inside. He was doing his best to keep a straight line and was endeavouring to give Mr Johnson room.
reasonsfordecision:
Both the video evidence and that of Mr Bohorun and Mr Johnson is to the effect that pressure was placed on Mr Johnson who came into the running line of Mr Bohorun when he was forced to shift from a 3 to a 2 wide position. The source of that pressure was an inwards movement from the respondent when he followed Mr Mudhoo and shifted from an outside barrier towards the running rail. Mr Callaway is correct when he states the field was coming up to the bend. The field was exiting the chute and coming on to the track proper. Any movement from the inside was marginal and no more than would be expected as the field as a whole shifted towards the rail. We accept that the respondent has endeavoured to straighten his horse when he becomes aware that he has placed pressure on Mr Johnson and that Mr Johnson is in trouble, but this is simply too late. Mr Johnson has no way to relieve the pressure other than to shift in. This he does and, in so doing, he comes into the line of Mr Bohorun, who has to take hold and check his mount. In so doing, Mr Bohorun briefly inconveniences the horse behind him.
Decision:
In making his inwards move Mr Callaway is never his length and another clear. This is confirmed by Mr Johnson’s evidence and the side-on video angle. We thus find the breach proved.
sumissionsforpenalty:
Mr Davidson produced the respondent’s record which showed 4 breaches: 2 December 2018 — 7 days; 28 December — 10 days; 31 March — 10 days and 24 May — 4 weeks. He said that while the record looked bad there was nothing in the last 4 months and he would leave it up to the Committee to decide whether an uplift was necessary. He added that Mr Callaway was a busy rider averaging over 300 rides a season and he would have had a number of rides since his last suspension.
Mr Davidson said the breach was mid to low range. Mr Johnson had had to shift ground, Mr Bohorun had had to check his mount, and the horse following Mr Bohorun was also momentarily inconvenienced.
Mr Davidson stated that he believed a suspension of 6 to 7 days was appropriate. He said in mitigation for Mr Callaway, Mr Johnson’s horse was racing greenly.
Mr Callaway stated he did not believe his riding was careless and that he was disappointed that he would miss riding at a feature day at Riccarton, as he had a full book of rides, including a couple of horses that he was riding in work, which were getting ready for Cup week. He did not want to lose these rides. He questioned whether he could not just be warned. He did not request a deferment, as the Riccarton meeting was outside the 7 day period.
reasonsforpenalty:
We believe that the breach is at the lower end of mid-range. We so rate it because Mr Callaway’s carelessness consisted in his shifting inwards across the face of the field when not his length and another clear. Mr Johnson was placed under pressure and was forced to shift inwards and into the running line of Mr Bohorun. From an 8-day starting point we reduce this by a day due to the fact that Mr Johnson stated in his evidence that his horse was green and over-reacted to the pressure from his outside. It is evident that GINNY was over-racing prior to this pressure and that Mr Callaway’s actions were not the sole reason that GINNY shifted inwards. In addition, to his credit, the respondent attempted to straighten RENOUNCE once he was aware of the fact that he had shifted inwards. Unfortunately, this was too late, the damage had been done in that Mr Johnson had run out of room.
Mr Callaway’s record is such that by a fine margin we regard it as a neutral factor. Two of his breaches are December last year and thus some time ago. His last breach was 4 months ago, and he is a busy South Island rider. Mr Callaway served a significant penalty of 4 weeks’ suspension for that breach, due to there being a fall.
penalty:
Mr Callaway’s licence is suspended for 7 National days. This is from the end of racing today (27 September) up to and including 10 October 2019.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr L Callaway - Class A Jockey
Otherperson: Mr J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
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meet_title: Gore RC - 27 September 2019
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