Non Raceday Inquiry RIU v T Johnson – Decision dated 25 July 2015

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decisiondate: 26/07/2015

hearing_title: Non Raceday Inquiry RIU v T Johnson - Decision dated 25 July 2015

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

BEFORE THE JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

AND IN THE MATTER of the New Zealand Rules of Racing

BETWEEN RACING INTEGRITY UNIT (RIU)

Informant

AND TIMOTHY JOHNSON

Respondent

Judicial Committee: Mr P Williams, Chairman - Mr N McCutcheon, Committee Member

Venue: Otaki Racecourse

Date of Hearing: 25 July 2015

Appearing:

Mr G Whiterod, Stipendiary Steward, as the Informant
Mr B Bateup, Stipendiary Steward
Mr T Johnson, Licensed Apprentice Jockey, as the Respondent
Mr M Oulaghan, Licensed Trainer and Mr Johnson’s employer

Registrar: Mr N Goodwin, Stipendiary Steward

Date of Decision: 25 July 2015

DECISION OF JUDICIAL COMMITTEE

Mr Johnson appears before this Judicial Committee on the following charge relating to Race 8 at the Manawatu Racing Club’s meeting on 23 July 2015.

Information Number A3503

"THAT Apprentice T Johnson attempted to weigh out for “All Ginga” without his safety vest".

Rule 340 states:-

“MISCONDUCT

A Licensed Person, Owner, lessee, Racing Manger, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.”

At the hearing, Mr Johnson confirmed that he understood the Rule under which he had been charged and also that he admitted the charge.

Mr Whiterod produced a signed authority from the Racing Integrity Unit (RIU) to proceed with the charge against Mr Johnson.

Facts:

Mr Whiterod said Mr Johnson was engaged to ride “All Ginga” in the last race (Race 8) at the Manawatu Racing Club’s meeting at Awapuni on Thursday 23 July 2015. He asked Mr Bateup to describe the events that led up to Information being filed.

Mr Bateup said he was overseeing the weighing out of jockeys for Race 8 at the Manawatu Racing Club’s meeting on Thursday 23 July 2015. He said when Mr Johnson was weighing out for the race he noticed that his silks were not as “puffed out” as he would have expected – his colours were tight to his chest. When Mr Johnson had weighed out Mr Bateup said he then asked him if he was wearing a vest and Mr Johnson then undid his colours and said he wasn’t. Mr Bateup said he sent him back to the jockey’s room to put a vest on. Mr Johnson came back with a safety vest on and was re-weighed. Mr Bateup then advised Mt Whiterod of what had happened.

To a question from the Committee Mr Bateup confirmed that Mr Johnson had all the gear required when weighing out.

Mr Oulaghan had no questions of Mr Bateup.

Mr Whiterod said that at this time he became aware that Mr Oulaghan, Mr Johnson’s employer, was not present on the course and it was decided that the hearing into the breach of Rule 340 would be held at a later date.

Mr Johnson said the description of events by Mr Bateup was pretty accurate. When asked by the Committee to explain how it came about that he weighed out without a safety vest on Mr Johnson said he was trying to cheat the scales so that he could claim his full 4kg apprentice allowance. To a further question he said that once he was re-weighed out with his vest on he was able to claim 3.5 kgs.

Mr Oulaghan said Mr Johnson realised he was going to be over weight in that he could not claim his full 4kg allowance and did a stupid thing and left his vest off.

At this point there was some confusion as to exactly what weight Mr Johnson had ridden “All Ginga” with Mr Johnson of the view that he had been able to claim 3.5kgs. Mr Goodwin checked the official records from the race meeting and confirmed that the carded weight for the horse was 54kg and that Mr Johnson had claimed 3kgs with the horse carrying 51kgs.

Decision:

As Mr Johnson has admitted the breach the charge is found to be proved.

Submissions on Penalty:

Mr Whiterod said it was rare for a jockey to attempt to weigh out without a safety vest. He cited the case of jockey L McGregor being charged with a similar offence under this Rule in September 2013 and being suspended and also jockey A Forbes in April 2013 being fined $1000 for a similar offence. He said Mr Johnson was a young Apprentice who had not been riding for very long but to try and weigh out without a safety vest was totally unacceptable behaviour. He said there needed to be a penalty imposed that would act as deterrent against any repeat behaviour and submitted that it was the view of the Stewards that a fine of between $400 and $500 was an appropriate penalty.

Mr Oulaghan said he had no knowledge of recent penalties for similar breaches. He said it was stupid thing for Mr Johnson to do and he was sure he would learn from the experience. He accepted that a fine was an appropriate penalty.

Reason for Penalty:

The Committee has carefully considered the evidence of Mr Bateup and Mr Johnson and the submissions of Mr Whiterod and Mr Oulaghan. Put simply the facts as described by Mr Bateup are not in dispute – Mr Johnson attempted to weigh out without wearing his safety vest, this was detected and Mr Johnson was required to put a vest on and weigh out a second time.

To his credit Mr Johnson has admitted the breach and very openly admitted that it was a deliberate attempt to beat the scales as he was aware he would be unable to claim his full 4kg allowance. In the end he was able to claim 3kgs and rode the horse at 51kgs.

Mr Johnson is very early into his apprenticeship and has had approximately 30 rides this season. He is fully aware of the need to weigh out wearing his safety vest and has not previously breached this Rule.

Mr Whiterod drew the attention of the Committee to previous breaches of this Rule by jockeys McGregor and Forbes. Ms McGregor was not charged under Rule 340 – Misconduct – but under Rule 610(4) – being in possession of a modified body protector and Rule 649(1)(a) – attempting to weigh out in a modified body protector. As such the Committee does not believe those charges can be seen as similar to the one being faced today by Mr Johnson. In the case of Mr Forbes he was charged under Rule 340 Misconduct but it was for attempting to weigh out in an unapproved safety vest. The Committee also views this as not being the same as today’s charge.

The Committee is aware that in April 2013 there was an identical breach of the Misconduct Rule when a rider attempted to weigh out without a safety vest and on that occasion the penalty was a fine of $300.

The JCA’s Penalty Guidelines do not state a starting point for a breach of Rule 340 as each case is fact dependant. The Committee believes on this occasion a fine is an appropriate penalty and that this should be greater than the fine imposed for the identical breach in April 2013.

Penalty

Mr Johnson is fined $400.

Costs:

The RIU indicated no costs were being sought, accordingly no such order will be made.

Paul Williams              Noel McCutcheon

Chairman                   Committee Member

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