Manawatu RC 10 December 2011 – R 10 (heard 15 December 2011 at Levin)
ID: JCA12829
Code:
Thoroughbred
Meet Title:
Levin RC - 15 December 2011
Meet Chair:
PWilliams
Meet Committee Member 1:
NMcCutcheon
Race Date:
2011/12/15
Race Number:
R10
Decision:
As the breach was admitted the charge was found proved.
Penalty:
The Committee imposes a penalty of suspension from the close of racing on Thursday 15 December 2011 to the close of racing on Saturday 24 December 2011 being three North Island riding days – Awapuni (17 December 2011), Matamata (21 December 2011) and New Plymouth (24 December 2011).
Charge:
Information A3066 was filed by Stipendiary Steward Mr N Goodwin stating that at the Manawatu Racing Club meeting held on Saturday 10 December 2011 in race ten “that passing the winning post on the first occasion V Johnston the rider of “Chrysolite” permitted her mount to shift in when not clear of “Zadiva” which was checked”.
Rule 638(1)(d) states:- A Rider shall not ride a horse in a manner which the Judicial Committee considers to be …………careless;
Ms Johnston confirmed to the Committee she admitted the breach of the rule and also that she understood the charge and the rule it was laid under.
Facts:
Before the films on the incident were shown Mr Goodwin said that, following the running of race 10 (the last race) at the Manawatu RC meeting on 10 December 2011, the Stipendiary Stewards advised the JCA Committee they were free to leave the course. However, after further reviewing race 10 the Stipendiary Stewards decided to lay an information charging Ms Johnston with careless riding. Mr Goodwin said that Ms Johnston indicated at the time she wanted the hearing to take place immediately but was advised that was not possible as the JCA Committee had been told they could leave the course. Ms Johnston was advised the hearing would take place at the Levin RC meeting on 15 December 2011.
Mr Goodwin showed head-on, side-on and rear view films of the alleged interference. He said Ms Johnston, who had drawn barrier 9 in the 13 horse field, could be seen gradually moving in as the field made their way down the home straight on the first occasion. He said close to the winning post Ms Johnston was continuing to move across and, when only 1 length clear at best, she crossed “Zadiva” ridden by Mrs Allpress causing Mrs Allpress to check and take an abrupt hold of her mount. Mr Goodwin said he had questioned Mrs Allpress about the incident and she had told him she was happy for Ms Johnston to have been ahead of her as she thought her horse would have then relaxed more. Mr Goodwin also said Mrs Allpress said she had definitely received a check as Ms Johnston was not the required 2 lengths clear when she came across in front of her.
Ms Johnston agreed the films showed she had moved across when not the required distance in front of “Zadiva”. She said the head-on film showed that “Zadiva” was not racing kindly and carrying its head quite high and as a result the incident looked worse that it was. She said that Mrs Allpress had not called out to her at any stage and whilst she admitted she had caused the interference she thought the incident was “marginal”.
Submissions for Penalty:
Mr Goodwin said Ms Johnston, whom the Stewards consider to be a North Island rider, had an excellent riding record and had not been charged under the careless riding rule since 3 February 2011. He said the Stewards considered the breach of the rule to be at the low end. He also said that in anticipation of her admitting the breach and incurring a period of suspension from today’s hearing Ms Johnston had not accepted any rides at the Premier meeting at Awapuni on Saturday. He submitted a suspension of 3 days was an appropriate penalty.
Ms Johnston confirmed she had not accepted any riding engagements for the Premier meeting at Awapuni on 17 December. She said she thought a 3 day suspension was a fair penalty. She said were she to be suspended for more than 3 days she would be severely disadvantaged because of the hearing being held today and not after the last race on Saturday 10 December. She said had the hearing been heard on Saturday the suspension would have commenced from the close of racing that day and she would be free to ride at Awapuni on Boxing Day. Were she to receive a 4 day suspension today she would not only miss out on riding at this weekend’s Premier meeting but also miss the Awapuni Boxing Day meeting through no fault of her own. She reiterated she had wanted to have the hearing after the last race on Saturday but was unable to because the JCA Committee had been told by the Stipendiary Stewards they could leave the course.
In further justifying why she should only be suspended for 3 days Ms Johnston said that in not having had a suspension for careless riding for over 10 months her record was better than Mrs Allpress’ record and she had recently had a 4 day suspension reduced to 3 days on appeal even though it was her 4th careless riding charge (at that time) in the previous 12 months.
Reasons for Penalty:
The Committee has carefully considered the evidence shown in the films. The head and rear-on films clearly show Ms Johnston moving from a 4 wide to a 3 wide position with a round to go when not the required distance clear of Mrs Allpress who has had to take a firm hold to avoid clipping the heels of Ms Johnston’s mount. The side-on film shows Ms Johnston to be no more than 1 length clear when she comes across Mrs Allpress and causes her to check off heels. The Committee believes the interference to be at the low end of the scale.
The Committee has also taken into account Ms Johnston’s excellent riding record and that she has not been charged under the careless riding rule in the last 10 months.
The Committee has also taken particular note of the comments made by Ms Johnston in relation to the impact of the delayed hearing. It is to her credit that in anticipating being given a suspension from today’s hearing she has not accepted any rides at the Premier meeting at Awapuni on Saturday. Whilst this Committee cannot say what penalty she would have received if the hearing of this charge been held on Saturday 10 December, had she received a 4 days suspension she would have been free to ride at Awapuni on 26 December 2011.
The Committee believes a period of suspension is an appropriate penalty. From a starting point of 5 days the Committee believes the mitigating factors of an excellent riding record, the incident being at the low end of the scale and the fact that Ms Johnston has not accepted any rides for the Premier meeting at Awapuni on 17 December means she is entitled to a reduced period of suspension. We believe the period of suspension should be for 3 North Island riding days thus allowing her to ride at Awapuni on Boxing Day. We believe because of the special circumstances detailed above to give a larger penalty would be unduly harsh as the original hearing was delayed through no fault of Ms Johnston. Finally, because Ms Johnston has not accepted any rides for Saturday 17 December we have decided that, as a special case, the period of suspension will commence from the close of racing today, Thursday 15 December 2011.
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: 5dbc8c12d0d6066297ceea0ca49e880e
informantnumber: A3066
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/12/2011
hearing_title: Manawatu RC 10 December 2011 - R 10 (heard 15 December 2011 at Levin)
charge:
Information A3066 was filed by Stipendiary Steward Mr N Goodwin stating that at the Manawatu Racing Club meeting held on Saturday 10 December 2011 in race ten “that passing the winning post on the first occasion V Johnston the rider of “Chrysolite” permitted her mount to shift in when not clear of “Zadiva” which was checked”.
Rule 638(1)(d) states:- A Rider shall not ride a horse in a manner which the Judicial Committee considers to be …………careless;
Ms Johnston confirmed to the Committee she admitted the breach of the rule and also that she understood the charge and the rule it was laid under.
facts:
Before the films on the incident were shown Mr Goodwin said that, following the running of race 10 (the last race) at the Manawatu RC meeting on 10 December 2011, the Stipendiary Stewards advised the JCA Committee they were free to leave the course. However, after further reviewing race 10 the Stipendiary Stewards decided to lay an information charging Ms Johnston with careless riding. Mr Goodwin said that Ms Johnston indicated at the time she wanted the hearing to take place immediately but was advised that was not possible as the JCA Committee had been told they could leave the course. Ms Johnston was advised the hearing would take place at the Levin RC meeting on 15 December 2011.
Mr Goodwin showed head-on, side-on and rear view films of the alleged interference. He said Ms Johnston, who had drawn barrier 9 in the 13 horse field, could be seen gradually moving in as the field made their way down the home straight on the first occasion. He said close to the winning post Ms Johnston was continuing to move across and, when only 1 length clear at best, she crossed “Zadiva” ridden by Mrs Allpress causing Mrs Allpress to check and take an abrupt hold of her mount. Mr Goodwin said he had questioned Mrs Allpress about the incident and she had told him she was happy for Ms Johnston to have been ahead of her as she thought her horse would have then relaxed more. Mr Goodwin also said Mrs Allpress said she had definitely received a check as Ms Johnston was not the required 2 lengths clear when she came across in front of her.
Ms Johnston agreed the films showed she had moved across when not the required distance in front of “Zadiva”. She said the head-on film showed that “Zadiva” was not racing kindly and carrying its head quite high and as a result the incident looked worse that it was. She said that Mrs Allpress had not called out to her at any stage and whilst she admitted she had caused the interference she thought the incident was “marginal”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted the charge was found proved.
sumissionsforpenalty:
Mr Goodwin said Ms Johnston, whom the Stewards consider to be a North Island rider, had an excellent riding record and had not been charged under the careless riding rule since 3 February 2011. He said the Stewards considered the breach of the rule to be at the low end. He also said that in anticipation of her admitting the breach and incurring a period of suspension from today’s hearing Ms Johnston had not accepted any rides at the Premier meeting at Awapuni on Saturday. He submitted a suspension of 3 days was an appropriate penalty.
Ms Johnston confirmed she had not accepted any riding engagements for the Premier meeting at Awapuni on 17 December. She said she thought a 3 day suspension was a fair penalty. She said were she to be suspended for more than 3 days she would be severely disadvantaged because of the hearing being held today and not after the last race on Saturday 10 December. She said had the hearing been heard on Saturday the suspension would have commenced from the close of racing that day and she would be free to ride at Awapuni on Boxing Day. Were she to receive a 4 day suspension today she would not only miss out on riding at this weekend’s Premier meeting but also miss the Awapuni Boxing Day meeting through no fault of her own. She reiterated she had wanted to have the hearing after the last race on Saturday but was unable to because the JCA Committee had been told by the Stipendiary Stewards they could leave the course.
In further justifying why she should only be suspended for 3 days Ms Johnston said that in not having had a suspension for careless riding for over 10 months her record was better than Mrs Allpress’ record and she had recently had a 4 day suspension reduced to 3 days on appeal even though it was her 4th careless riding charge (at that time) in the previous 12 months.
reasonsforpenalty:
The Committee has carefully considered the evidence shown in the films. The head and rear-on films clearly show Ms Johnston moving from a 4 wide to a 3 wide position with a round to go when not the required distance clear of Mrs Allpress who has had to take a firm hold to avoid clipping the heels of Ms Johnston’s mount. The side-on film shows Ms Johnston to be no more than 1 length clear when she comes across Mrs Allpress and causes her to check off heels. The Committee believes the interference to be at the low end of the scale.
The Committee has also taken into account Ms Johnston’s excellent riding record and that she has not been charged under the careless riding rule in the last 10 months.
The Committee has also taken particular note of the comments made by Ms Johnston in relation to the impact of the delayed hearing. It is to her credit that in anticipating being given a suspension from today’s hearing she has not accepted any rides at the Premier meeting at Awapuni on Saturday. Whilst this Committee cannot say what penalty she would have received if the hearing of this charge been held on Saturday 10 December, had she received a 4 days suspension she would have been free to ride at Awapuni on 26 December 2011.
The Committee believes a period of suspension is an appropriate penalty. From a starting point of 5 days the Committee believes the mitigating factors of an excellent riding record, the incident being at the low end of the scale and the fact that Ms Johnston has not accepted any rides for the Premier meeting at Awapuni on 17 December means she is entitled to a reduced period of suspension. We believe the period of suspension should be for 3 North Island riding days thus allowing her to ride at Awapuni on Boxing Day. We believe because of the special circumstances detailed above to give a larger penalty would be unduly harsh as the original hearing was delayed through no fault of Ms Johnston. Finally, because Ms Johnston has not accepted any rides for Saturday 17 December we have decided that, as a special case, the period of suspension will commence from the close of racing today, Thursday 15 December 2011.
penalty:
The Committee imposes a penalty of suspension from the close of racing on Thursday 15 December 2011 to the close of racing on Saturday 24 December 2011 being three North Island riding days – Awapuni (17 December 2011), Matamata (21 December 2011) and New Plymouth (24 December 2011).
hearing_type: Hearing
Rules: 638 (1)(d)
Informant: Mr N Goodwin - Stipendiary steward
JockeysandTrainer: Ms V Johnston - Licensed Jockey
Otherperson: Mr R Neal - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e8915f2128e2f301504c62587c6492f8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
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race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0d20e69bcbf2b559ba7a2afe38d0c9db
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/12/2011
meet_title: Levin RC - 15 December 2011
meet_expappcomment:
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meet_otherexp:
tracklocation: levin-rc
meet_racingtype: thoroughbred-racing
meet_chair: PWilliams
meet_pm1: NMcCutcheon
meet_pm2: none
name: Levin RC