Archive Decision

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Manawatu RC 31 March 2018 – R 9 – Chair, Mrs N Moffatt

ID: JCA11156

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr T Johnson - Apprentice Rider

Other Person:
Mr G Vile - Licensed Trainer assisting Mr Johnson, Mr N Goodwin - Stipendiary Steward

Information Number:
A8829

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Manawatu RC - 31 March 2018

Meet Chair:
NMoffatt

Meet Committee Member 1:
NMcCutcheon

Race Date:
2018/03/31

Race Number:
R 9

Decision:

As Mr Johnson admitted the breach we found the charge proved.

Penalty:

Accordingly Mr Johnson’s license is suspended from the close of racing on Friday April 6th up to and including racing on Friday April 13th.

Facts:

Following the running of Race 9 (Kevin O’Connor & Associates Premier), an Information was lodged by Mr J Oatham alleging a breach of Rule 638(1)(d) in that Apprentice T Johnson allowed his mount to shift inwards dictating KOKO BELLE onto LUBAYA which clipped a heel and blundered near the 1300 metres.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Johnson confirmed to the Committee that he understood the charge and that he admitted the breach. Mr Johnson is apprenticed to Mr Oulaghan who was not on course. Mr Vile was assisting him in Mr Oulaghan’s absence.

Mr Oatham had Mr Goodwin explain the incident by way of the two available videos. Soon after the start Mr Johnson came across from a wide draw and eased Mr Tanaka’s mount inwards into the line of LUBAYA who clipped a heel.

Mr Johnson said that Mr Colgan put himself in a bad spot when he angled outwards from an inside draw. Mr Vile said that Mr Johnson did try and correct his horse and he believed he was simply the victim of circumstances.

Submissions for Penalty:

Mr Oatham produced Mr Johnson’s riding record which showed the following careless riding suspensions:
4/11/17 - 8 days
31/12/17 - 4 days
1/1/18 - 6 days
3/2/18 - 5 days

He said the Stewards placed the degree of carelessness in the low range. Mr Johnson’s inward movement was not great and Mr Colgan contributed to a degree. He described Mr Johnson as being a little unlucky.

Reasons for Penalty:

The Committee had regard to all of the submissions. From viewing the films we note that Mr Johnson was following the field across from an outside draw which is a natural riding manoeuvre. His movement was measured and controlled, confirmed by the fact that he could be seen looking to the inside as he came across. As soon as Mr Johnson realised there was crowding to his inside he took corrective action by turning his mount’s head outwards. Unfortunately, as a result of Mr Johnson coming in, Mr Tanaka was moved inwards into the line of Mr Colgan.

The consequences were such that Mr Colgan clipped a heel and nearly went down; however all the evidence suggests that he contributed to the incident by angling outwards towards the body of the field. The Stewards described Mr Johnson’s carelessness as being low end but with midrange consequences.

This Committee was not satisfied that Mr Johnson could have done more to prevent the incident ocurring therefore we took the view that his carelessness was at the absolute low end. The consequences, although midrange, were partly due to Mr Colgan moving outwards from his inside draw and getting into a difficult position.

We adopted a starting point of 6 days as provided for in the Penalty Guide for Judicial Committees.
Applying mitigating and aggravating factors we looked to Mr Johnson’s riding record which could be described as poor. It is usual practice for Judicial Committees to apply an uplift as a deterrent to repeat offending however we have taken the unusual step of not doing so today. It is our opinion that Mr Johnson’s carelessness was so minor that imposing any more than the minimum suspension would be disproportionate to the offence. We agree with Mr Oatham’s statement that Mr Johnson was unlucky to be charged. Taking into account all the submissions including his admission of the breach we impose a 5 day suspension.

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: 0f916b3465f96eb2d39ab03158348eaf


informantnumber: A8829


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 02/04/2018


hearing_title: Manawatu RC 31 March 2018 - R 9 - Chair, Mrs N Moffatt


charge:


facts:

Following the running of Race 9 (Kevin O’Connor & Associates Premier), an Information was lodged by Mr J Oatham alleging a breach of Rule 638(1)(d) in that Apprentice T Johnson allowed his mount to shift inwards dictating KOKO BELLE onto LUBAYA which clipped a heel and blundered near the 1300 metres.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Johnson confirmed to the Committee that he understood the charge and that he admitted the breach. Mr Johnson is apprenticed to Mr Oulaghan who was not on course. Mr Vile was assisting him in Mr Oulaghan’s absence.

Mr Oatham had Mr Goodwin explain the incident by way of the two available videos. Soon after the start Mr Johnson came across from a wide draw and eased Mr Tanaka’s mount inwards into the line of LUBAYA who clipped a heel.

Mr Johnson said that Mr Colgan put himself in a bad spot when he angled outwards from an inside draw. Mr Vile said that Mr Johnson did try and correct his horse and he believed he was simply the victim of circumstances.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Johnson admitted the breach we found the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Johnson’s riding record which showed the following careless riding suspensions:
4/11/17 - 8 days
31/12/17 - 4 days
1/1/18 - 6 days
3/2/18 - 5 days

He said the Stewards placed the degree of carelessness in the low range. Mr Johnson’s inward movement was not great and Mr Colgan contributed to a degree. He described Mr Johnson as being a little unlucky.


reasonsforpenalty:

The Committee had regard to all of the submissions. From viewing the films we note that Mr Johnson was following the field across from an outside draw which is a natural riding manoeuvre. His movement was measured and controlled, confirmed by the fact that he could be seen looking to the inside as he came across. As soon as Mr Johnson realised there was crowding to his inside he took corrective action by turning his mount’s head outwards. Unfortunately, as a result of Mr Johnson coming in, Mr Tanaka was moved inwards into the line of Mr Colgan.

The consequences were such that Mr Colgan clipped a heel and nearly went down; however all the evidence suggests that he contributed to the incident by angling outwards towards the body of the field. The Stewards described Mr Johnson’s carelessness as being low end but with midrange consequences.

This Committee was not satisfied that Mr Johnson could have done more to prevent the incident ocurring therefore we took the view that his carelessness was at the absolute low end. The consequences, although midrange, were partly due to Mr Colgan moving outwards from his inside draw and getting into a difficult position.

We adopted a starting point of 6 days as provided for in the Penalty Guide for Judicial Committees.
Applying mitigating and aggravating factors we looked to Mr Johnson’s riding record which could be described as poor. It is usual practice for Judicial Committees to apply an uplift as a deterrent to repeat offending however we have taken the unusual step of not doing so today. It is our opinion that Mr Johnson’s carelessness was so minor that imposing any more than the minimum suspension would be disproportionate to the offence. We agree with Mr Oatham’s statement that Mr Johnson was unlucky to be charged. Taking into account all the submissions including his admission of the breach we impose a 5 day suspension.


penalty:

Accordingly Mr Johnson’s license is suspended from the close of racing on Friday April 6th up to and including racing on Friday April 13th.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr T Johnson - Apprentice Rider


Otherperson: Mr G Vile - Licensed Trainer assisting Mr Johnson, Mr N Goodwin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f631cfeb490dd1605d1b2b9f0c8734bb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 10e170ca844b4e906c19c54984806937


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/03/2018


meet_title: Manawatu RC - 31 March 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: NMcCutcheon


meet_pm2: none


name: Manawatu RC