Greymouth JC 4 January 2015 – R 6
ID: JCA10748
Code:
Thoroughbred
Meet Title:
Greymouth JC - 4 January 2015
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2015/01/04
Race Number:
R6
Decision:
Mr Callaway having admitted the breach, the charge was found proved.
Penalty:
Mr Callaway was fined the sum of $250.
Facts:
Following the running of Race 6, the Greg Daly Real Estate Maiden, an information was filed by Co-Chief Stipendiary Steward, Mr N McIntyre, against Licensed Class A Jockey, Mr L Callaway, alleging a breach of Rule 340 in that Mr Callaway misconducted himself by using offensive language directed at Licensed Jockey, L Magorrian on pulling up, near the birdcage in clear earshot of the public.
Mr Callaway had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Callaway also agreed that he understood the charge and the Rule it was brought under.
Rule 340 provides as follows:
A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.
Mr McIntyre gave evidence that Mr Callaway had returned to the birdcage gate after pulling up following the running of the race. He stated that Mr Callaway was overheard by Stipendiary Steward, Mr McLaughlin, to use offensive language to another rider, Mr L Magorrian, while the field was waiting to enter the birdcage. This offensive language was within earshot of the general public who were assembled by the birdcage. Mr McLaughlin gave evidence that he was stationed across the birdcage on the observation deck and clearly heard Mr Callaway use offensive language to Mr Magorrian. This offensive language included the “F word” on 3-4 occasions. He said, in response to a question from Mr Callaway, that he was confident that the language was coming from Mr Callaway.
Mr Callaway stated that Mr Magorrian came up beside him at the birdcage gate and accused him of kicking up into a position where he shouldn’t have been during the running. Mr Callaway said Mr Magorrian kept on at him in regard to this incident with Mr Callaway telling Mr Magorrian that it was not him. Mr Callaway said he kept his ”cool” for quite some time before reacting to the continued accusations. He said he raised his voice and told Mr Magorrian that is was not “F***ing” him that had caused the incident.
Mr Callaway called Licensed Trainer, Mr F Stammers who was in the birdcage and witnessed the incident. Mr Stammers said that Mr Callaway was led into the situation by being falsely accused and in the heat of the moment when arguing with Mr Magorrian, used offensive language. Mr Stammers said that Mr Callaway should have kept his “cool” and should have known better than to react to the provocation given.
Mr Magorrian was called to give evidence and stated that he had thought Mr Callaway had been the offending rider in the race but later had discovered that it was not him. He said he had argued with Mr Callaway at the birdcage gate which led to the incident.
Submissions for Penalty:
Mr McIntyre submitted that Mr Callaway had a clear record in regard to this rule and had admitted the breach at the first opportunity. Mr McIntyre also stated that Mr Callaway was always professional in his manner with the Stewards and that although the evidence presented pointed to provocation with this incident, his use of offensive language within ear shot of the public was not acceptable. Mr McIntyre stated that recent penalties imposed for similar breaches of this rule bought about fines of between $200 and $400. Mr McIntyre submitted that a fine of between $200 and $400 be imposed as penalty in this case.
Mr Callaway submitted that his good record and his admission of the breach be taken into account. He also said that the provocation by Mr Magorrian in this incident should be taken into consideration as well.
Reasons for Penalty:
In arriving at penalty, the Committee took into consideration all aggravating and mitigating factors. In mitigation we took into account Mr Callaway’s clear record and his ready admission of the breach. We also took into account the fact that he sustained a period of provocation by Mr Magorrian who had falsely accused him of an incident during the race. Against this is the aggravating factor that he used offensive language, specifically the “F” word, in a loud manner within earshot of the Stewards and the public.
The Committee have looked at penalties for similar breaches of this rule which range from $200 to $400 which was Mr McIntyre’s submission on penalty. We therefore determined that a fine of $250 was an appropriate penalty in this case.
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: 124a7a7f8f9819f351195ca38f0a3497
informantnumber: A6245
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 340-Misconduct
plea: admitted
penaltyrequired: 1
decisiondate: 29/12/2014
hearing_title: Greymouth JC 4 January 2015 - R 6
charge:
facts:
Following the running of Race 6, the Greg Daly Real Estate Maiden, an information was filed by Co-Chief Stipendiary Steward, Mr N McIntyre, against Licensed Class A Jockey, Mr L Callaway, alleging a breach of Rule 340 in that Mr Callaway misconducted himself by using offensive language directed at Licensed Jockey, L Magorrian on pulling up, near the birdcage in clear earshot of the public.
Mr Callaway had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Callaway also agreed that he understood the charge and the Rule it was brought under.
Rule 340 provides as follows:
A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.
Mr McIntyre gave evidence that Mr Callaway had returned to the birdcage gate after pulling up following the running of the race. He stated that Mr Callaway was overheard by Stipendiary Steward, Mr McLaughlin, to use offensive language to another rider, Mr L Magorrian, while the field was waiting to enter the birdcage. This offensive language was within earshot of the general public who were assembled by the birdcage. Mr McLaughlin gave evidence that he was stationed across the birdcage on the observation deck and clearly heard Mr Callaway use offensive language to Mr Magorrian. This offensive language included the “F word” on 3-4 occasions. He said, in response to a question from Mr Callaway, that he was confident that the language was coming from Mr Callaway.
Mr Callaway stated that Mr Magorrian came up beside him at the birdcage gate and accused him of kicking up into a position where he shouldn’t have been during the running. Mr Callaway said Mr Magorrian kept on at him in regard to this incident with Mr Callaway telling Mr Magorrian that it was not him. Mr Callaway said he kept his ”cool” for quite some time before reacting to the continued accusations. He said he raised his voice and told Mr Magorrian that is was not “F***ing” him that had caused the incident.
Mr Callaway called Licensed Trainer, Mr F Stammers who was in the birdcage and witnessed the incident. Mr Stammers said that Mr Callaway was led into the situation by being falsely accused and in the heat of the moment when arguing with Mr Magorrian, used offensive language. Mr Stammers said that Mr Callaway should have kept his “cool” and should have known better than to react to the provocation given.
Mr Magorrian was called to give evidence and stated that he had thought Mr Callaway had been the offending rider in the race but later had discovered that it was not him. He said he had argued with Mr Callaway at the birdcage gate which led to the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Callaway having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre submitted that Mr Callaway had a clear record in regard to this rule and had admitted the breach at the first opportunity. Mr McIntyre also stated that Mr Callaway was always professional in his manner with the Stewards and that although the evidence presented pointed to provocation with this incident, his use of offensive language within ear shot of the public was not acceptable. Mr McIntyre stated that recent penalties imposed for similar breaches of this rule bought about fines of between $200 and $400. Mr McIntyre submitted that a fine of between $200 and $400 be imposed as penalty in this case.
Mr Callaway submitted that his good record and his admission of the breach be taken into account. He also said that the provocation by Mr Magorrian in this incident should be taken into consideration as well.
reasonsforpenalty:
In arriving at penalty, the Committee took into consideration all aggravating and mitigating factors. In mitigation we took into account Mr Callaway’s clear record and his ready admission of the breach. We also took into account the fact that he sustained a period of provocation by Mr Magorrian who had falsely accused him of an incident during the race. Against this is the aggravating factor that he used offensive language, specifically the “F” word, in a loud manner within earshot of the Stewards and the public.
The Committee have looked at penalties for similar breaches of this rule which range from $200 to $400 which was Mr McIntyre’s submission on penalty. We therefore determined that a fine of $250 was an appropriate penalty in this case.
penalty:
Mr Callaway was fined the sum of $250.
hearing_type: Hearing
Rules: 340
Informant: N McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: L Callaway - Licensed Class A Jockey
Otherperson: L Magorrian - Licensed Jockey, F Stammers - Licensed Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: d21a0991987f371b116a68e5a56faf29
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5a9e0db931871b9066d6c0d06d8e4835
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/01/2015
meet_title: Greymouth JC - 4 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: greymouth-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Greymouth JC