Archive Decision

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Otago RC 23 January 2020 – R 6 – Chair, Mr P Knowles

ID: JCA11076

Applicant:
Mr M Davidson - Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr J Lowry - Class A Jockey

Information Number:
A11868

Hearing Type:
Hearing

New Charge:
Misconduct

Rules:
340

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 23 January 2020

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2020/01/23

Race Number:
R2

Decision:

Mr Lowry admitted the charge and it is found proved.

Penalty:

Mr Lowry is fined the sum of $350 and reminded of his professional obligations.

Facts:

Mr Lowry was seen to slap his horse BLUE EYED SUSIE in the starting gate which led to a charge of misconduct under r 340. He admitted the charge and appeared at the hearing.

Mr Oatham stated that Mr Lowry was seen to slap his mount on the side of the head. He said it was unacceptable for any jockey to strike a horse around the head.

Mr Lowry stated BLUE EYED SUSIE had become fractious in the stall. He said he had called out for a starter's attendant for assistance but had not received any. He said he had been wasting hard to make the weight and had used a set of light irons. When the mare became fractious his foot was trapped against the stall and he had slapped the mare on the side of her head to ease the pressure off his foot. He demonstrated to us that he had lost the sole off his boot as a result of the incident. He stated he was very disappointed in himself for his actions and realised he should not have acted as he had but it was a spur of the moment reaction when in pain.

Submissions for Penalty:

Mr Davidson said Mr Lowry had a clear record under the rule. He sought a fine of $200 to $400.

Mr Lowry reiterated that his reaction was a spur of the moment response, and he would definitely not do it again. He had admitted the charge and believed the breach was low end.

Reasons for Penalty:

Mr Lowry has reacted to an incident where his safety was at risk. However, his action of slapping the horse on the head is unacceptable, as he has acknowledged. He has no previous charges under the rule and is very remorseful for his actions.

The only related case before the Committee was where Mr Du Plessis was fined $500 for kicking a horse at the barrier.  Mr Lowry's actions are fortunately not of this ilk, however a substantial monetary penalty is appropriate.

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: 1bca31fd380a2f4b57f78ecd4b8df3ca


informantnumber: A11868


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Misconduct


plea: admitted


penaltyrequired: 1


decisiondate: 25/01/2020


hearing_title: Otago RC 23 January 2020 - R 6 - Chair, Mr P Knowles


charge:


facts:

Mr Lowry was seen to slap his horse BLUE EYED SUSIE in the starting gate which led to a charge of misconduct under r 340. He admitted the charge and appeared at the hearing.

Mr Oatham stated that Mr Lowry was seen to slap his mount on the side of the head. He said it was unacceptable for any jockey to strike a horse around the head.

Mr Lowry stated BLUE EYED SUSIE had become fractious in the stall. He said he had called out for a starter's attendant for assistance but had not received any. He said he had been wasting hard to make the weight and had used a set of light irons. When the mare became fractious his foot was trapped against the stall and he had slapped the mare on the side of her head to ease the pressure off his foot. He demonstrated to us that he had lost the sole off his boot as a result of the incident. He stated he was very disappointed in himself for his actions and realised he should not have acted as he had but it was a spur of the moment reaction when in pain.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Lowry admitted the charge and it is found proved.


sumissionsforpenalty:

Mr Davidson said Mr Lowry had a clear record under the rule. He sought a fine of $200 to $400.

Mr Lowry reiterated that his reaction was a spur of the moment response, and he would definitely not do it again. He had admitted the charge and believed the breach was low end.


reasonsforpenalty:

Mr Lowry has reacted to an incident where his safety was at risk. However, his action of slapping the horse on the head is unacceptable, as he has acknowledged. He has no previous charges under the rule and is very remorseful for his actions.

The only related case before the Committee was where Mr Du Plessis was fined $500 for kicking a horse at the barrier.  Mr Lowry's actions are fortunately not of this ilk, however a substantial monetary penalty is appropriate.


penalty:

Mr Lowry is fined the sum of $350 and reminded of his professional obligations.


hearing_type: Hearing


Rules: 340


Informant: Mr M Davidson - Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr J Lowry - Class A Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: c528b8e422d2ae2b7f1c3a1c8d30a608


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1b5ef4dbf2b9733b9c3b70e64ad86e29


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/01/2020


meet_title: Otago RC - 23 January 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Otago RC