Oamaru JC – 24 August 2006 – Race 10

hearingid: 158351c377f2e442b96b74727e6180a2

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 24/08/2006

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Oamaru JC - 24 August 2006 - Race 10

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Hearing of information 0086 filed under Rule 571(1)(d) alleging careless riding and hearing of information number 0083 filed under Rule 871(4) by Mr SC Ching alleging L Callaway left the racecourse without the permission of the Stipendiary Stewards

Hearing of information 0086 filed under Rule 571(1)(d) alleging careless riding and hearing of information number 0083 filed under Rule 871(4) by Mr SC Ching alleging L Callaway left the racecourse without the permission of the Stipendiary Stewards

As a preliminary matter, I note that although Mr Coombes and I were not the panel appointed for the day, we record that we have, in terms of our general authority, power to hear these informations and thus this hearing is, to all intents and purposes a race day hearing.

Mr Lee Callaway, an apprentice jockey, has been charged with careless riding pursuant to Rule 871(1)(d) of the Rules of Racing. He has also been charged pursuant to Rule 871(4) of leaving the racecourse without the permission of the Stipendiary Stewards. Both charges were admitted and are therefore deemed to be proved.

With regard to the careless riding charge, the evidence was that Mr Callaway allowed his mount to shift inwards when not sufficiently clear causing interference to "Omagh Lad" ridden by J Bates and "Jam Tart" ridden by A Porritt near the 1,000 metre mark.

Mr Ching asked Mr JC Bates, the rider of "Omagh Lad" to describe what happened. Mr Bates said that soon after the start Mr Callaway came across and "shaved him". He confirmed that Mr Callaway was not his own horse length and another length clear, but that it was marginal. Mr Bates did say that his line was dictated by Mr Callaway.

The video evidence from the head on and side on cameras was presented. The head on camera was of the greater assistance and showed Mr Callaway coming across from barrier drawer 6, coming into contact with Mr Bates' mount, Mr Bates having come from barrier drawer 4. Mr Bates horse was checked and with the movement which ensued, Ms Porritt's mount was also inconvenienced.

Mr MJ Walker, Licensed Jockey assisting Mr Callaway told the hearing the incident was minimal and placed weight on Mr Bates' statement that it was marginal as to whether Mr Callaway was his own horse length and another length clear at the time of the incident. He also maintained that Mr Bates did not have a good jump at the start and that Mr Bates had "hunted" his mount up.

However, the fact of the matter is that there was contact by Mr Callaway's mount with Mr Bates' mount. Therefore, the only conclusion that can be drawn is that Mr Callaway was not the appropriate distance clear. Moreover, Mr Bates was entitled to "hunt" his horse up and to maintain the line that he had taken.

Mr Ching called for a suspension, stating that in his opinion the degree of carelessness was in the lower to medium range. We note that the incident occurred at that stage of the race when all horses are racing keenly and great care needs to be taken when moving across. Therefore horse and rider safety were put at risk. Mr Walker, on Mr Callaway's behalf, agreed with Mr Ching with regard to the degree of carelessness. We agree that a suspension is the only appropriate penalty. In setting the period of suspension we have taken into account the number of suspensions that Mr Callaway has been subject to in the last year, the degree of carelessness in the lower to medium range, his admission of the charge and his co-operation in coming to this meeting to have the matter dealt with. Mr Callaway is based in Cambridge and has advised the hearing that he would have, in the normal course of events, been riding at Hawera on 7 September, the Canterbury Jockey Club on 8 September, Ellerslie on 9 September and Taupo on 10 September. That being the case, Mr Callaway is suspended from the close of riding on Wednesday 6 September until the conclusion of racing on Sunday 10 September, an effective four day suspension.

With regard to the charge pursuant to Rule 871(4), that charge is proved but no penalty will be imposed. In determining that no penalty is to be imposed, we accept that Mr Callaway was under a very tight schedule in order to be back in Cambridge to fulfil his employment commitments.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 571.1.d, 871.4, 871.1.d

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: d2821b5dd32267f97f6d22129523792c

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 10

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 04383791fe3967ebc7deac654cd33ae0

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 24/08/2006

meet_title: Oamaru JC - 24 August 2006

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: oamaru-jc

meet_racingtype: thoroughbred-racing

meet_chair:

meet_pm1:

meet_pm2:

name: Oamaru JC