Marlborough RC 27 April 2014 – R 7 (request for a ruling)
ID: JCA15382
Code:
Thoroughbred
Meet Title:
Marlborough RC - 27 April 2014
Meet Chair:
SChing
Meet Committee Member 1:
PWilliams
Race Date:
2014/04/27
Race Number:
R7
Decision:
After taking all factors into consideration, the Committee determines that the riding engagement made by Mr Rudkin for KARAKA JACK holds precedence in this case.
Facts:
Prior to the running of Race 7, the Peter Yealands Marlborough Cup, an Information for a Request for a Ruling was filed by Trainer Mr P Rudkin, to determine whether jockey C Johnson had an engagement to ride KARAKA JACK or an engagement to ride MONACHEE trained by J and K Parsons. Rule 330(2) reads as follows:
(2) Any dispute with reference to the engagement or engagements of a Rider to ride at a particular Race Meeting or Race Meetings shall be determined by a Judicial Committee at the request of a Stipendiary Steward or any of the parties to the dispute.
Submissions for Decision:
Mr Rudkin gave evidence that he had called and spoken to Miss Middlewood and also possibly Mr Johnson on or before Monday 21 April, nomination day for the first day at Marlborough, and asked if Mr Johnson could ride KARAKA JACK in the Marlborough Cup on the second day. Mr Rudkin was informed by Miss Middlewood that 2nd day rides would not be confirmed until after the races on the first day.
Mr Rudkin said he heard on the afternoon of the first day that SOLDIER OF LOVE was not starting in the Marlborough Cup on the 2nd day so he then believed that left the way clear for Mr Johnson to ride KARAKA JACK. Mr Rudkin approached Mr Johnson after the last race on the first day, being 24 April, with Mr Johnson confirming the ride on KARAKA JACK for the 2nd day. Mr Rudkin said that Mr Johnson told him that Mr Parsons had MONACHEE in the race but he had not ridden the horse lately and did not think it would be an issue. Mr Rudkin said that he had declared Mr Johnson for KARAKA JACK that same day and informed Mr Johnson of that.
Before making submissions the Committee enquired as to why Mr Johnson was not present. Miss Middlewood indicated that Mr Johnson had asked her to attend on his behalf.
Miss Middlewood said that Mr Johnson did not take his own rides and she handled all of his South Island rides. She said that as usual she received a lot of phone calls on nomination day-Monday April 21- for the first day of the meeting. She asked all connections if they were running both days of the meeting but also made it clear to all that she would not be confirming any 2nd day rides, until after racing on Thursday. She said she spoke to Mr Rudkin on Monday and confirmed the ride on SUMMERS BOY but also stated to Mr Rudkin that she could not confirm any rides for the second day until after racing had concluded on the first day. She took the ride on SOLDIER OF LOVE on the first day in the staying race, which was also nominated for Sunday. She said had Mr Johnson won on SOLDIER OF LOVE on the first day he would have been riding it on the 2nd day. SOLDIER OF LOVE was subsequently withdrawn from the second day.
Miss Middlewood stated that both herself and Mr Johnson work for the Parsons training partnership.
In regard to the engagement of MONACHEE, Miss Middlewood stated that Mrs Parsons had mentioned to her prior to the recent Riverton meeting that she would like Mr Johnson to ride MONACHEE at Blenheim if the horse went there. Miss Middlewood confirmed this was just a discussion about MONACHEE and was not an engagement at that time. Mrs Parsons, she said, approached her on the 2nd day nominations day, which was Wednesday and was told by Miss Middlewood that no rides would be confirmed until after racing on the 1st day. Mrs Parsons approached Miss Middlewood after the first days racing at Blenheim and engaged Mr Johnson to ride MONACHEE on the 2nd day.
Mr Neal submitted that in his opinion there was no confirmed engagement, only indications to an engagement up until Thursday. The way the rule is premised and applied, in his opinion, is what is reasonable to be expected in the eyes of the person making the engagement. In this case Mr Rudkin, after dealing with Mr Johnson on Thursday, had a clear believe that an engagement did exist with KARAKA JACK in the Marlborough Cup. Mr Rudkin relied on that engagement as there was no reason for him not to. It is clear from the Stewards' perspective that it was a case of the left hand not knowing what the right hand was doing. Mr Neal also noted that Miss Middlewood is not registered as Mr Johnson in the Racing Calendar and that Mr Tannerhill was Mr Johnson's registered agent.
Reasons for Decision:
The Committee carefully considered all evidence and submissions. The Committee is satisfied that Mr Rudkin had made an approach to Miss Middlewood and also maybe Mr Johnson on Monday 21 April, being nomination day for the first day in regard to riding KARAKA JACK on the 2nd day. We are also satisfied that Mr Rudkin approached Mr Johnson after racing concluded on the first day and was told by Mr Johnson he would ride KARAKA JACK in the Marlborough Cup as SOLDIER OF LOVE was confirmed as not starting on the 2nd day.
In making a determination the Committee is charged with making a finding in regard to which engagement holds precedence, as opposed to ordering that a rider shall ride a particular horse.
The Committee in this case finds that Mr Rudkin had approached Mr Johnson and Miss Middlewood on or before Monday 21 April about engaging Mr Johnson for KARAKA JACK. After receiving an indication from Mr Johnson after the races on the first day that Mr Johnson would ride KARAKA JACK, Mr Rudkin was clearly given the indication that an engagement existed.
The engagement for MONACHEE was effected after Mrs Parsons spoke to Miss Middlewood on the day before day1-Wednesday 23 April-but not confirmed by Miss Middlewood until after the races the next day, and importantly, after Mr Johnson had advised Mr Rudkin he would ride KARAKA JACK.
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: 8bbece67865dc43b807bc49cd580ae15
informantnumber: A5710
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 28/04/2014
hearing_title: Marlborough RC 27 April 2014 - R 7 (request for a ruling)
charge:
facts:
Prior to the running of Race 7, the Peter Yealands Marlborough Cup, an Information for a Request for a Ruling was filed by Trainer Mr P Rudkin, to determine whether jockey C Johnson had an engagement to ride KARAKA JACK or an engagement to ride MONACHEE trained by J and K Parsons. Rule 330(2) reads as follows:
(2) Any dispute with reference to the engagement or engagements of a Rider to ride at a particular Race Meeting or Race Meetings shall be determined by a Judicial Committee at the request of a Stipendiary Steward or any of the parties to the dispute.
appealdecision:
isappeal:
submissionsfordecision:
Mr Rudkin gave evidence that he had called and spoken to Miss Middlewood and also possibly Mr Johnson on or before Monday 21 April, nomination day for the first day at Marlborough, and asked if Mr Johnson could ride KARAKA JACK in the Marlborough Cup on the second day. Mr Rudkin was informed by Miss Middlewood that 2nd day rides would not be confirmed until after the races on the first day.
Mr Rudkin said he heard on the afternoon of the first day that SOLDIER OF LOVE was not starting in the Marlborough Cup on the 2nd day so he then believed that left the way clear for Mr Johnson to ride KARAKA JACK. Mr Rudkin approached Mr Johnson after the last race on the first day, being 24 April, with Mr Johnson confirming the ride on KARAKA JACK for the 2nd day. Mr Rudkin said that Mr Johnson told him that Mr Parsons had MONACHEE in the race but he had not ridden the horse lately and did not think it would be an issue. Mr Rudkin said that he had declared Mr Johnson for KARAKA JACK that same day and informed Mr Johnson of that.
Before making submissions the Committee enquired as to why Mr Johnson was not present. Miss Middlewood indicated that Mr Johnson had asked her to attend on his behalf.
Miss Middlewood said that Mr Johnson did not take his own rides and she handled all of his South Island rides. She said that as usual she received a lot of phone calls on nomination day-Monday April 21- for the first day of the meeting. She asked all connections if they were running both days of the meeting but also made it clear to all that she would not be confirming any 2nd day rides, until after racing on Thursday. She said she spoke to Mr Rudkin on Monday and confirmed the ride on SUMMERS BOY but also stated to Mr Rudkin that she could not confirm any rides for the second day until after racing had concluded on the first day. She took the ride on SOLDIER OF LOVE on the first day in the staying race, which was also nominated for Sunday. She said had Mr Johnson won on SOLDIER OF LOVE on the first day he would have been riding it on the 2nd day. SOLDIER OF LOVE was subsequently withdrawn from the second day.
Miss Middlewood stated that both herself and Mr Johnson work for the Parsons training partnership.
In regard to the engagement of MONACHEE, Miss Middlewood stated that Mrs Parsons had mentioned to her prior to the recent Riverton meeting that she would like Mr Johnson to ride MONACHEE at Blenheim if the horse went there. Miss Middlewood confirmed this was just a discussion about MONACHEE and was not an engagement at that time. Mrs Parsons, she said, approached her on the 2nd day nominations day, which was Wednesday and was told by Miss Middlewood that no rides would be confirmed until after racing on the 1st day. Mrs Parsons approached Miss Middlewood after the first days racing at Blenheim and engaged Mr Johnson to ride MONACHEE on the 2nd day.
Mr Neal submitted that in his opinion there was no confirmed engagement, only indications to an engagement up until Thursday. The way the rule is premised and applied, in his opinion, is what is reasonable to be expected in the eyes of the person making the engagement. In this case Mr Rudkin, after dealing with Mr Johnson on Thursday, had a clear believe that an engagement did exist with KARAKA JACK in the Marlborough Cup. Mr Rudkin relied on that engagement as there was no reason for him not to. It is clear from the Stewards' perspective that it was a case of the left hand not knowing what the right hand was doing. Mr Neal also noted that Miss Middlewood is not registered as Mr Johnson in the Racing Calendar and that Mr Tannerhill was Mr Johnson's registered agent.
reasonsfordecision:
The Committee carefully considered all evidence and submissions. The Committee is satisfied that Mr Rudkin had made an approach to Miss Middlewood and also maybe Mr Johnson on Monday 21 April, being nomination day for the first day in regard to riding KARAKA JACK on the 2nd day. We are also satisfied that Mr Rudkin approached Mr Johnson after racing concluded on the first day and was told by Mr Johnson he would ride KARAKA JACK in the Marlborough Cup as SOLDIER OF LOVE was confirmed as not starting on the 2nd day.
In making a determination the Committee is charged with making a finding in regard to which engagement holds precedence, as opposed to ordering that a rider shall ride a particular horse.
The Committee in this case finds that Mr Rudkin had approached Mr Johnson and Miss Middlewood on or before Monday 21 April about engaging Mr Johnson for KARAKA JACK. After receiving an indication from Mr Johnson after the races on the first day that Mr Johnson would ride KARAKA JACK, Mr Rudkin was clearly given the indication that an engagement existed.
The engagement for MONACHEE was effected after Mrs Parsons spoke to Miss Middlewood on the day before day1-Wednesday 23 April-but not confirmed by Miss Middlewood until after the races the next day, and importantly, after Mr Johnson had advised Mr Rudkin he would ride KARAKA JACK.
Decision:
After taking all factors into consideration, the Committee determines that the riding engagement made by Mr Rudkin for KARAKA JACK holds precedence in this case.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 330(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: P Rudkin-Class A Trainer, Miss B Middlewood, on behalf of Mr C Johnson
Respondent:
StipendSteward: J McLaughlin-Stipendiary Steward
raceid: bd8e5ca47751dc364ecb193255db5be0
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
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meetdate: 27/04/2014
meet_title: Marlborough RC - 27 April 2014
meet_expappcomment:
meet_km:
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tracklocation: marlborough-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough RC