Archive Decision

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Oamaru JC 29 July 2013 – R 10 (request for a ruling)

ID: JCA14842

Stipend Steward:
Mr McIntyre - Co Chief Stipendiary Steward

Hearing Type:
Request Ruling

Rules:
330(2)

Code:
Thoroughbred

Meet Title:
Oamaru JC - 29 July 2013

Meet Chair:
GHall

Race Date:
2013/07/29

Race Number:
R 10

Decision:

The key issue to be considered in this case is the integrity of racing. It is my finding that this is best upheld by my declaring Mr Johnson to be the rider of SNOWDON. I so rule.

Facts:

Mr McIntyre requested a ruling under r 330(2) as to whether Mr Kennedy, the trainer of DRUMREIMS had a confirmed booking of rider C Johnson in race 10.

Rule 330(2) states:

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 McIntyre explained that the rider that had been published by the Racing Bureau as the rider for SNOWDON, trained by Mr M Pitman, was Mr Johnson. At the point in time that he sought the ruling, the betting public had been informed that Mr Johnson was riding SNOWDON. He said that the Bureau should never had stated that Mr Johnson was riding SNOWDON when Mr Kennedy had previously declared him as the rider of DRUMREIMS. He said the fault lay not with Mr Kennedy or Mr Pitman but with the Bureau. He stated that he believed that experienced jockeys would be available to ride DRUMREIMS should the Committee rule that Mr Johnson ride SNOWDON.

Mr Kennedy gave evidence that he had spoken to Ms B Middlewood, the partner of Mr Johnson and who often books rides on his behalf. He said he done this by telephone on 24 July and she had confirmed the ride. He had thus declared his horse DRUMREIMS with Mr Johnson as the rider. He did not do anything further as he saw no need to. He said DRUMREIMS needed an experienced jockey, not an apprentice, and that was why he had engaged Mr Johnson.

Mr Pitman demonstrated on his telephone that he had confirmed Mr Johnson as the rider for SNOWDON by text with Ms Middlewood on 25 July. He said the situation was unfortunate for both himself and Mr Kennedy and had he been aware of the double engagement earlier, he would have looked for another rider. He emphasised a number of people would have invested on the horse, which was the favourite for the race, on the basis that Mr Johnson was the rider. He said if Mr Johnson could not ride the horse he would ask the stipendiary stewards to grant him a dispensation to put a claiming apprentice up.

Mr Johnson explained he was riding in the North Island at the time and was unaware that there were any difficulties with respect to his engagements in this race. He said the position as described by Mr Kennedy and Mr Pitman was correct.

Reasons for Decision:

It is clear that Mr Johnson has been accepted and confirmed by Ms Middlewood as the rider of two horses in race 10. There is no fault to be attached to Mr Kennedy or Mr Pitman. It is clear that the first engagement was for DRUMREIMS but for an unknown reason the Bureau has overlooked Mr Kennedy’s declaration of Mr Johnson and has instead published the fact that Mr Johnson will be riding SNOWDON. This position has arisen, I am informed by the co-chief stipendiary steward, due to an error by the Bureau.

Whatever ruling I make I am going to inconvenience the connections of one of the horses. If I rule that Mr Johnson ride DRUMREIMS it is clear that a number of people will have invested on SNOWDON in the misconception that Mr Johnson, a very experienced and successful jockey, will be riding the horse. They will not be able to obtain a refund. On the other hand, the betting public have never been informed that Mr Johnson will ride DRUMREIMS. The affected party is solely the connections of that horse.

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: 829b3e6137fbc6630c78195d7d01eabb


informantnumber:


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 30/07/2013


hearing_title: Oamaru JC 29 July 2013 - R 10 (request for a ruling)


charge:


facts:

Mr McIntyre requested a ruling under r 330(2) as to whether Mr Kennedy, the trainer of DRUMREIMS had a confirmed booking of rider C Johnson in race 10.

Rule 330(2) states:

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 McIntyre explained that the rider that had been published by the Racing Bureau as the rider for SNOWDON, trained by Mr M Pitman, was Mr Johnson. At the point in time that he sought the ruling, the betting public had been informed that Mr Johnson was riding SNOWDON. He said that the Bureau should never had stated that Mr Johnson was riding SNOWDON when Mr Kennedy had previously declared him as the rider of DRUMREIMS. He said the fault lay not with Mr Kennedy or Mr Pitman but with the Bureau. He stated that he believed that experienced jockeys would be available to ride DRUMREIMS should the Committee rule that Mr Johnson ride SNOWDON.

Mr Kennedy gave evidence that he had spoken to Ms B Middlewood, the partner of Mr Johnson and who often books rides on his behalf. He said he done this by telephone on 24 July and she had confirmed the ride. He had thus declared his horse DRUMREIMS with Mr Johnson as the rider. He did not do anything further as he saw no need to. He said DRUMREIMS needed an experienced jockey, not an apprentice, and that was why he had engaged Mr Johnson.

Mr Pitman demonstrated on his telephone that he had confirmed Mr Johnson as the rider for SNOWDON by text with Ms Middlewood on 25 July. He said the situation was unfortunate for both himself and Mr Kennedy and had he been aware of the double engagement earlier, he would have looked for another rider. He emphasised a number of people would have invested on the horse, which was the favourite for the race, on the basis that Mr Johnson was the rider. He said if Mr Johnson could not ride the horse he would ask the stipendiary stewards to grant him a dispensation to put a claiming apprentice up.

Mr Johnson explained he was riding in the North Island at the time and was unaware that there were any difficulties with respect to his engagements in this race. He said the position as described by Mr Kennedy and Mr Pitman was correct.


reasonsfordecision:

It is clear that Mr Johnson has been accepted and confirmed by Ms Middlewood as the rider of two horses in race 10. There is no fault to be attached to Mr Kennedy or Mr Pitman. It is clear that the first engagement was for DRUMREIMS but for an unknown reason the Bureau has overlooked Mr Kennedy’s declaration of Mr Johnson and has instead published the fact that Mr Johnson will be riding SNOWDON. This position has arisen, I am informed by the co-chief stipendiary steward, due to an error by the Bureau.

Whatever ruling I make I am going to inconvenience the connections of one of the horses. If I rule that Mr Johnson ride DRUMREIMS it is clear that a number of people will have invested on SNOWDON in the misconception that Mr Johnson, a very experienced and successful jockey, will be riding the horse. They will not be able to obtain a refund. On the other hand, the betting public have never been informed that Mr Johnson will ride DRUMREIMS. The affected party is solely the connections of that horse.


Decision:

The key issue to be considered in this case is the integrity of racing. It is my finding that this is best upheld by my declaring Mr Johnson to be the rider of SNOWDON. I so rule.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Request Ruling


Rules: 330(2)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent: Mr McIntyre - Co Chief Stipendiary Steward, Mr Kennedy - Trainer of DRUMREIMS, Mr Pitman - Trainer of SNOWDON, Mr C Johnson - Licensed Jockey


Respondent:


StipendSteward: Mr McIntyre - Co Chief Stipendiary Steward


raceid: 5566cdb14788930aebf2eb6737eb2b45


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c838f89c39c8337a35198835653a1a1e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/07/2013


meet_title: Oamaru JC - 29 July 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-jc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Oamaru JC