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Matamata RC 12 October 2013 – R 5

ID: JCA11655

Applicant:
Mr J Oatham-Senior Stipendiary Steward

Respondent(s):
Ms D Johnson - Licensed Rider

Information Number:
A2902

Hearing Type:
Hearing

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Matamata RC - 12 October 2013

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2013/10/12

Race Number:
R5

Decision:

 As the breach was admitted we find the charge is proved.

Penalty:

We grant Ms Johnson's request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly we impose a suspension on Ms Johnson which will commence after racing at Ruakaka on 16 October and will conclude after racing at Te Awamutu on 25 October 2013, (6 days). The meetings involved in this suspension are: Woodville, Tauranga, Rotorua, Te Aroha, Hastings, Te Awamutu. Ms Johnson is able to resume race-riding on 26 October 2013. 

The penalty does not include the Dunedin meeting claimed by Ms Johnson as the Committee have established that she had not ridden there within the previous 12 months and the 'possibility' of a mount at that meeting was not sufficient for us to consider that meeting as part of her suspension.

Charge:

Following the running of race 5, the Manco Environmental 1600, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that Ms D Johnson permitted her mount GRACE WITH POWER to shift outwards over the final 100 metres causing interference to LEICA QUEEN.

Ms Johnson acknowledged that she understood the nature of the charge and the relevant Rule.

Ms Johnson admitted the breach.

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

Facts:

Mr Oatham pointed out to the Committee that this charge arose from a previous protest hearing involving Ms Johnson when her mount GRACE WITH POWER had been relegated from first position. While all parties to this hearing were present at the protest hearing and acknowledged that they would proceed on the basis of the evidence previously presented, as a matter of record the following outlines the circumstances of this 'careless riding' charge.

Mr Oatham pointed out to the Committee that from a point approximately 100 metres from the finish Ms Johnson riding GRACE WITH POWER had shifted out continually and by the finish had moved out by at least 4 horse widths. The horse LEICA QUEEN ridden by Mr B Jones was challenging strongly on her outer and the movement outwards by Ms Johnson had forced LEICA QUEEN off its rightful line. Mr Oatham pointed out that the first contact between the horses had occurred about 75-80 metres from the finish and there was continuous outwards movement by GRACE WITH POWER from there to the finish. He said LEICA QUEEN was unbalanced by this pressure from GRACE WITH POWER and that Mr Jones' ability to ride his mount out to the finish was compromised. He said the worst of the contact was approximately 5 or 6 strides off the finishing post when LEICA QUEEN was clearly unbalanced. He added that Ms Johnson had taken no remedial action to stop her mount moving outwards and had clearly caused interference to LEICA QUEEN on more than one occasion.

Ms Johnson had nothing to say.

Submissions for Penalty:

Mr Oatham pointed out to the Committee that this was the 6th breach of this rule by Ms Johnson within the past 12 months. He outlined details of previous breaches as follows:

24/11/2012 - Counties     (5 days)

8/12/2012 -   Ellerslie      (5 days)

16/2/2013 -   Taranaki     (6 days

3/8/2013 -     Canterbury (6 days - a Black Type race)

21/8/2013 -   Waipa         (4 days, $600 fine)

He added that there not many riders currently riding in New Zealand with a worse record than Ms Johnson within the past 12 months. He stated that Ms Johnson is a 'busy and competitive' rider who probably tried too hard to win on this occasion, and while it was not the worst case he had seen he felt the level of carelessness was reasonably high. He stated that in the opinion of the Stewards this breach was in the middle range of the level of seriousness. Mr Oatham added that an aggravating feature of this breach was that it involved the relegation of her mount from first place, which disadvantaged the connections of the horse and the betting public.  He said that the Stewards felt an appropriate penalty would be a period of suspension for between 6-7 days.

Ms Johnson stated that she was aware this incident was 'not too flash' but added that she was a busy rider and in fact had ridden in 56 races over a recent 6 day period. She advised the Committee that she had upcoming engagements at Paeroa on 14 October and Ruakaka on 16 October and would ask that any suspension commence after then.

Ms Johnson also stated that she was getting ready for the carnival at Christchurch in early November and would be riding at Hastings, Christchurch and Dunedin looking to establish mounts for that carnival. 

When her riding history at Dunedin was queried by the Committee she stated that she had 'definitely' ridden there in the past 12 months and would be riding there again, and asked that Dunedin be considered when her period of suspension was taken into account. 

The Committee agreed that Ms Johnson could check with her riding manager during a brief adjournment regarding upcoming commitments, however she was advised that jockeys' riding history was a matter of record and her record of riding at Dunedin would be ascertained prior to a penalty being delivered.

Reasons for Penalty:

The Committee carefully considered the evidence and submissions presented.

We have adopted 5 riding days as the starting point in assessing penalty for this careless riding charge as per the guidelines set out in the JCA Penalty Guide for Judicial Committees.

The mitigating factor is Ms Johnson's admission of the breach.

Balancing this are the aggravating factors factors being;

GRACE AND POWER was relegated from first placing as a result of Ms Johnson continuing to rider her mount forward without taking any remedial action;

The level of carelessness was deemed to be mid-range;

While Ms Johnson is a busy rider her record of breaches of this Rule is poor.

After taking the above into consideration we consider an appropriate penalty is a 6 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: 22c3071093fd0bb919b539818352444a


informantnumber: A2902


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/10/2013


hearing_title: Matamata RC 12 October 2013 - R 5


charge:

Following the running of race 5, the Manco Environmental 1600, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that Ms D Johnson permitted her mount GRACE WITH POWER to shift outwards over the final 100 metres causing interference to LEICA QUEEN.

Ms Johnson acknowledged that she understood the nature of the charge and the relevant Rule.

Ms Johnson admitted the breach.

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


facts:

Mr Oatham pointed out to the Committee that this charge arose from a previous protest hearing involving Ms Johnson when her mount GRACE WITH POWER had been relegated from first position. While all parties to this hearing were present at the protest hearing and acknowledged that they would proceed on the basis of the evidence previously presented, as a matter of record the following outlines the circumstances of this 'careless riding' charge.

Mr Oatham pointed out to the Committee that from a point approximately 100 metres from the finish Ms Johnson riding GRACE WITH POWER had shifted out continually and by the finish had moved out by at least 4 horse widths. The horse LEICA QUEEN ridden by Mr B Jones was challenging strongly on her outer and the movement outwards by Ms Johnson had forced LEICA QUEEN off its rightful line. Mr Oatham pointed out that the first contact between the horses had occurred about 75-80 metres from the finish and there was continuous outwards movement by GRACE WITH POWER from there to the finish. He said LEICA QUEEN was unbalanced by this pressure from GRACE WITH POWER and that Mr Jones' ability to ride his mount out to the finish was compromised. He said the worst of the contact was approximately 5 or 6 strides off the finishing post when LEICA QUEEN was clearly unbalanced. He added that Ms Johnson had taken no remedial action to stop her mount moving outwards and had clearly caused interference to LEICA QUEEN on more than one occasion.

Ms Johnson had nothing to say.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

 As the breach was admitted we find the charge is proved.


sumissionsforpenalty:

Mr Oatham pointed out to the Committee that this was the 6th breach of this rule by Ms Johnson within the past 12 months. He outlined details of previous breaches as follows:

24/11/2012 - Counties     (5 days)

8/12/2012 -   Ellerslie      (5 days)

16/2/2013 -   Taranaki     (6 days

3/8/2013 -     Canterbury (6 days - a Black Type race)

21/8/2013 -   Waipa         (4 days, $600 fine)

He added that there not many riders currently riding in New Zealand with a worse record than Ms Johnson within the past 12 months. He stated that Ms Johnson is a 'busy and competitive' rider who probably tried too hard to win on this occasion, and while it was not the worst case he had seen he felt the level of carelessness was reasonably high. He stated that in the opinion of the Stewards this breach was in the middle range of the level of seriousness. Mr Oatham added that an aggravating feature of this breach was that it involved the relegation of her mount from first place, which disadvantaged the connections of the horse and the betting public.  He said that the Stewards felt an appropriate penalty would be a period of suspension for between 6-7 days.

Ms Johnson stated that she was aware this incident was 'not too flash' but added that she was a busy rider and in fact had ridden in 56 races over a recent 6 day period. She advised the Committee that she had upcoming engagements at Paeroa on 14 October and Ruakaka on 16 October and would ask that any suspension commence after then.

Ms Johnson also stated that she was getting ready for the carnival at Christchurch in early November and would be riding at Hastings, Christchurch and Dunedin looking to establish mounts for that carnival. 

When her riding history at Dunedin was queried by the Committee she stated that she had 'definitely' ridden there in the past 12 months and would be riding there again, and asked that Dunedin be considered when her period of suspension was taken into account. 

The Committee agreed that Ms Johnson could check with her riding manager during a brief adjournment regarding upcoming commitments, however she was advised that jockeys' riding history was a matter of record and her record of riding at Dunedin would be ascertained prior to a penalty being delivered.


reasonsforpenalty:

The Committee carefully considered the evidence and submissions presented.

We have adopted 5 riding days as the starting point in assessing penalty for this careless riding charge as per the guidelines set out in the JCA Penalty Guide for Judicial Committees.

The mitigating factor is Ms Johnson's admission of the breach.

Balancing this are the aggravating factors factors being;

GRACE AND POWER was relegated from first placing as a result of Ms Johnson continuing to rider her mount forward without taking any remedial action;

The level of carelessness was deemed to be mid-range;

While Ms Johnson is a busy rider her record of breaches of this Rule is poor.

After taking the above into consideration we consider an appropriate penalty is a 6 day suspension.


penalty:

We grant Ms Johnson's request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly we impose a suspension on Ms Johnson which will commence after racing at Ruakaka on 16 October and will conclude after racing at Te Awamutu on 25 October 2013, (6 days). The meetings involved in this suspension are: Woodville, Tauranga, Rotorua, Te Aroha, Hastings, Te Awamutu. Ms Johnson is able to resume race-riding on 26 October 2013. 

The penalty does not include the Dunedin meeting claimed by Ms Johnson as the Committee have established that she had not ridden there within the previous 12 months and the 'possibility' of a mount at that meeting was not sufficient for us to consider that meeting as part of her suspension.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr J Oatham-Senior Stipendiary Steward


JockeysandTrainer: Ms D Johnson - Licensed Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


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race_title: R5


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meet_title: Matamata RC - 12 October 2013


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