Marlborough RC 27 April 2014 – R 7
ID: JCA13509
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:
The charge was found to be proved.
Penalty:
Mr Johnson was fined the sum of $200.
Facts:
Prior the running of Race 7, the Peter Yealands Marlborough Cup, an Information was filed by Co-Chief Stipendiary Steward, Mr R Neal, against Class A Rider, Mr C Johnson, alleging that Mr Johnson permitted himself to be engaged for both MONACHEE and KARAKA JACK.
Rule 330(3)(b) reads as follows:
(3) A Rider shall not:
(b) permit himself to be engaged for more than one horse accepted or deemed to have been accepted for the same Race;
Mr Johnson had Miss B Middlewood, his agent, represent him at the hearing and Mr Neal indicated he has no objections to this. Miss Middlewood indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. She also confirmed she understood the charge and the Rule it was brought under.
Mr Neal gave evidence that Mr Johnson had allowed himself to be engaged to ride both KARAKA JACK and MONACHEE in today’s feature event, the Marlborough Cup. He stated that a dispute had arisen which was subject to an earlier Request for a Ruling from Mr Rudkin, trainer of KARAKA JACK. As a result of that hearing the Committee had ruled that KARAKA JACK’s engagement held precedence. Subsequent to that ruling, Mr Rudkin had late scratched KARAKA JACK.
Mr Neal stated that most recent cases of disputed riding engagements involved rider agents and miscommunication between connections, riders and their agents. Mr Neal also stated that on this occasion Mr Rudkin had been given an indication after the last race on the 1st day from Mr Johnson, in regard to KARAKA JACK, that he would ride the horse in the Cup on the 2nd day.
He said Miss Middlewood disputed this and said that all rides were to be confirmed by her and her alone for the second day. This he said was a typical example of miscommunication and confusion about the ride Mr Johnson would be engaged for in the race and led to Mr Rudkins’ dispute about the ride.
Miss Middlewood stated that she believed there was never a double engagement as Mr Rudkin had never called her to confirm the ride with her as was normal practice with all of Mr Johnson’s rides. Miss Middlewood and Mr Johnson both disagreed that there was a dual engagement but after the Request for a Ruling hearing went against them, they just wanted to get on with the day. That, she said, was why they admitted the breach.
Submissions for Penalty:
Mr Neal stated that the penalty for a breach of this Rule depended on the circumstances of each individual case. Mr Rudkin subsequently scratched KARAKA JACK which was his prerogative and was not forced upon him in any way. He said the scratching was not pertinent in this case. Mr Neal submitted that Mr Johnson had a clear record in regard to the rule over the past 12 months and believed that a monetary fine would suffice as penalty. He submitted that a fine of between $200 and $300 be considered as penalty.
Miss Middlewood submitted that a minimal fine would be preferred.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr Johnson’s clear record in regard to the rule over the previous 12 months and his admission of the breach. The JCA Penalty Guide recommends a starting point of $300 for a breach of this rule. By adopting that level we were able to give Mr Johnson a discount of $50 for his admission of the breach and a further discount of $50 for his clear penalty record in regard to this rule. We therefore determined that an appropriate penalty in this case was a fine of $200.
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: 3f74a2a1a9b3ebb9bcb9df0ca26da7b3
informantnumber: A5712
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 330(3)(b)
plea: admitted
penaltyrequired: 1
decisiondate: 28/04/2014
hearing_title: Marlborough RC 27 April 2014 - R 7
charge:
facts:
Prior the running of Race 7, the Peter Yealands Marlborough Cup, an Information was filed by Co-Chief Stipendiary Steward, Mr R Neal, against Class A Rider, Mr C Johnson, alleging that Mr Johnson permitted himself to be engaged for both MONACHEE and KARAKA JACK.
Rule 330(3)(b) reads as follows:
(3) A Rider shall not:
(b) permit himself to be engaged for more than one horse accepted or deemed to have been accepted for the same Race;
Mr Johnson had Miss B Middlewood, his agent, represent him at the hearing and Mr Neal indicated he has no objections to this. Miss Middlewood indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. She also confirmed she understood the charge and the Rule it was brought under.
Mr Neal gave evidence that Mr Johnson had allowed himself to be engaged to ride both KARAKA JACK and MONACHEE in today’s feature event, the Marlborough Cup. He stated that a dispute had arisen which was subject to an earlier Request for a Ruling from Mr Rudkin, trainer of KARAKA JACK. As a result of that hearing the Committee had ruled that KARAKA JACK’s engagement held precedence. Subsequent to that ruling, Mr Rudkin had late scratched KARAKA JACK.
Mr Neal stated that most recent cases of disputed riding engagements involved rider agents and miscommunication between connections, riders and their agents. Mr Neal also stated that on this occasion Mr Rudkin had been given an indication after the last race on the 1st day from Mr Johnson, in regard to KARAKA JACK, that he would ride the horse in the Cup on the 2nd day.
He said Miss Middlewood disputed this and said that all rides were to be confirmed by her and her alone for the second day. This he said was a typical example of miscommunication and confusion about the ride Mr Johnson would be engaged for in the race and led to Mr Rudkins’ dispute about the ride.
Miss Middlewood stated that she believed there was never a double engagement as Mr Rudkin had never called her to confirm the ride with her as was normal practice with all of Mr Johnson’s rides. Miss Middlewood and Mr Johnson both disagreed that there was a dual engagement but after the Request for a Ruling hearing went against them, they just wanted to get on with the day. That, she said, was why they admitted the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Neal stated that the penalty for a breach of this Rule depended on the circumstances of each individual case. Mr Rudkin subsequently scratched KARAKA JACK which was his prerogative and was not forced upon him in any way. He said the scratching was not pertinent in this case. Mr Neal submitted that Mr Johnson had a clear record in regard to the rule over the past 12 months and believed that a monetary fine would suffice as penalty. He submitted that a fine of between $200 and $300 be considered as penalty.
Miss Middlewood submitted that a minimal fine would be preferred.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr Johnson’s clear record in regard to the rule over the previous 12 months and his admission of the breach. The JCA Penalty Guide recommends a starting point of $300 for a breach of this rule. By adopting that level we were able to give Mr Johnson a discount of $50 for his admission of the breach and a further discount of $50 for his clear penalty record in regard to this rule. We therefore determined that an appropriate penalty in this case was a fine of $200.
penalty:
Mr Johnson was fined the sum of $200.
hearing_type: Hearing
Rules: 330(3)(b)
Informant: R Neal- Co Chief Stipendiary Steward
JockeysandTrainer: C Johnson-Class A Rider
Otherperson: Miss B Middlewood-Agent for Mr Johnson
PersonPresent:
Respondent:
StipendSteward:
raceid: bd8e5ca47751dc364ecb193255db5be0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4063bf9e2047f78ba19d3caae2d0dff4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/04/2014
meet_title: Marlborough RC - 27 April 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough RC