Archive Decision

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Otago RC 25 January 2018 – R 8 – Chair, Mr P Knowles

ID: JCA16751

Applicant:
Mr M Davidson - Stipendiary Steward, Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr J Lowry - Apprentice Jockey

Other Person:
Mr S Anderton - Licensed Trainer assisting Mr Lowry

Information Number:
A09730

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 25 January 2018

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2018/01/25

Race Number:
R2

Decision:

Mr Lowry admitted the breach and it is found proved.

Penalty:

Mr Lowry is suspended from the conclusion of racing on January 27 up to and including 6 February 2018 (6 National Days).

Facts:

Following the running of R 8 the Otago Farm Machinery 1600m, Stewards charged Mr J Lowry with a breach of rule 638(1)(d) in that as the rider of Meru he “…permitted his mount to shift outwards near the 250 metres crowding and checking THE STYLE (J Laking)".

Rule 638(1)(d) reads:

A rider shall not ride a horse in a manner which Judicial Committee considers to be:

(d) careless

Mr Lowry admitted the breach and appeared at the hearing assisted by Mr S Anderton.

Mr L Tidmarsh pointed out the relevant positions of both MERU (J Lowry) and THE STYLE (J Laking) as the horse improved into the home straight. He said MERU was placed behind the leading horses and about two out. As the field approached the 250m mark Mr Lowry shifted MERU outwards into a gap and in doing so cramped THE STYLE for room. Mr Laking was forced to check, losing momentum and ground. He said it was possible that both riders were going for the same gap.

Mr Lowry stated he had looked to his outside and it was clear. He said THE STYLE appeared in the gap very quickly. Mr Laking had not called out to him.

Mr Anderton believed both riders went for the same gap and that Mr Lowry had never a got a call from Mr Laking.

Mr Davidson stated that THE STYLE did improve quickly into the gap, and that Mr Laking was not required to call.

Submissions for Penalty:

Mr Davidson stated that Mr Lowry had four previous breaches of the rule. However they were before the new National Days Penalty system was brought in. He said Mr Lowry had over 100 rides since his last breach in September 2017. He was seeking a susopension of 6-8 days.

Mr Lowry stated he had confirmed rides at Riccarton on the 27th January. He was not seeking a deferment of any suspension. He felt he had been a victim of circumstances in this incident. He had admitted the breach and had no breaches of the rule over the past four months.

Reasons for Penalty:

Mr Lowry admitted the breach at the first opportunity. This is his first breach in over 100 rides since September and his first breach under the new penalty system. 

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: db960d79b0665af7be27f0108321a427


informantnumber: A09730


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 26/01/2018


hearing_title: Otago RC 25 January 2018 - R 8 - Chair, Mr P Knowles


charge:


facts:

Following the running of R 8 the Otago Farm Machinery 1600m, Stewards charged Mr J Lowry with a breach of rule 638(1)(d) in that as the rider of Meru he “…permitted his mount to shift outwards near the 250 metres crowding and checking THE STYLE (J Laking)".

Rule 638(1)(d) reads:

A rider shall not ride a horse in a manner which Judicial Committee considers to be:

(d) careless

Mr Lowry admitted the breach and appeared at the hearing assisted by Mr S Anderton.

Mr L Tidmarsh pointed out the relevant positions of both MERU (J Lowry) and THE STYLE (J Laking) as the horse improved into the home straight. He said MERU was placed behind the leading horses and about two out. As the field approached the 250m mark Mr Lowry shifted MERU outwards into a gap and in doing so cramped THE STYLE for room. Mr Laking was forced to check, losing momentum and ground. He said it was possible that both riders were going for the same gap.

Mr Lowry stated he had looked to his outside and it was clear. He said THE STYLE appeared in the gap very quickly. Mr Laking had not called out to him.

Mr Anderton believed both riders went for the same gap and that Mr Lowry had never a got a call from Mr Laking.

Mr Davidson stated that THE STYLE did improve quickly into the gap, and that Mr Laking was not required to call.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Lowry admitted the breach and it is found proved.


sumissionsforpenalty:

Mr Davidson stated that Mr Lowry had four previous breaches of the rule. However they were before the new National Days Penalty system was brought in. He said Mr Lowry had over 100 rides since his last breach in September 2017. He was seeking a susopension of 6-8 days.

Mr Lowry stated he had confirmed rides at Riccarton on the 27th January. He was not seeking a deferment of any suspension. He felt he had been a victim of circumstances in this incident. He had admitted the breach and had no breaches of the rule over the past four months.


reasonsforpenalty:

Mr Lowry admitted the breach at the first opportunity. This is his first breach in over 100 rides since September and his first breach under the new penalty system. 


penalty:

Mr Lowry is suspended from the conclusion of racing on January 27 up to and including 6 February 2018 (6 National Days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward, Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr J Lowry - Apprentice Jockey


Otherperson: Mr S Anderton - Licensed Trainer assisting Mr Lowry


PersonPresent:


Respondent:


StipendSteward:


raceid: 30e9a7e912d9513b408100ba9a4e4005


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: 8e8176ad9e4f3c994a3a0256ac5eed1b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/01/2018


meet_title: Otago RC - 25 January 2018


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