Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Otago RC 26 December 2011 – R 8

ID: JCA16567

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr C Johnson - Licensed Jockey

Other Person:
Mr A Ray - Stipendiary Steward, Ms Whelan - Rider of PRESTIGIOSA, Mr Moseley - Rider of DRUMREIMS

Information Number:
5861

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 26 December 2011

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2011/12/26

Race Number:
R8

Decision:

The defendant admitted the charge of careless riding, which we thus find proved.

Penalty:

We take a 5-day starting point. We do not believe that there is any need to increase this. This is not a grave breach of the careless riding rule. We give credit for Mr Johnson’s record and his eventual admission of the breach. We impose a 4-day suspension. Although the informant asked us to treat the defendant as a national rider, we do not believe that he would ride at Reefton one day and at Whangarei the next. Both the informant and Mr Johnson accepted this to be the case. We thus do not include Whangarei in our calculation.

Mr Johnson is suspended from riding after the meeting at Waikouaiti on 1 January 2012 up to and including 6 January 2012. He may ride again at Kumara on the 7th. 

Charge:

Mr Davidson alleged that just passing the 1000 metres, Mr Johnson permitted his mount to shift inwards, crowding DRUMREIMS across the running of PRESTIGIOSA, which was checked.

Facts:

Mr Ray, Stipendiary Steward, demonstrated the incident on the videos. The defendant had drawn towards the outside of the field and shortly after the start, he commenced an angled run across the field towards the rail. However, he was not his length and another clear. The consequence was crowding to Ms Whelan and to Mr Moseley.

Mr Davidson called Ms Whelan and Mr Moseley as witnesses. Ms Whelan, who was riding PRESTIGIOSA, said that at the 1000 metres, she received pressure from the outside and her line was dictated. She said that she had to check her mount. She said that she thought her horse had over-reacted to the pressure. She said that she had been yelling for room. Mr Moseley said that DRUMREIMS had “jumped out good” and that he realised he was coming across a little more sharply than he intended. He straightened his mount, but the defendant was still coming across from his outside and was dictating him in a fraction. As a consequence, he was unable to relieve the pressure on Ms Whelan, who was on his inner.

Submissions for Decision:

At the conclusion of the informant’s case, Mr Johnson indicated he wished to change his plea.

Submissions for Penalty:

Mr Davidson described the breach as towards the upper end of mid range. He produced the defendant’s record which showed 2 breaches in the past year, with both of these being in the last 3 months. He submitted a 5 day suspension was appropriate.

Mr Johnson said that he had originally not admitted the breach as he thought Ms Whelan’s mount was racing erratically, but he now accepted that she had had to take hold because he had shifted across too quickly. He said that he had looked twice before moving and thought he was clear. He emphasised PRESTIGIOSA had over-reacted when Ms Whelan had to check it.

He said that he was a busy rider and he estimated that he had had about 700 rides in the past year. He thought only 2 suspensions in a year should be viewed favourably in light of this. He asked for a 7-day deferment. The informant did not object to this.

Reasons for Penalty:

We view the breach as mid-range. Two jockeys were squeezed for room and Ms Whelan had had to check her mount. Her horse may have over-reacted, as she states. Her horse’s head can certainly be seen to go into the air and lose momentum. But this was because Mr Moseley had been forced into her line of running, due to the defendant shifting inwards when not sufficiently clear of the horses on his inner.

The defendant’s record is very good when one has regard to the number of rides he has had in this last year. One concerning feature though, is that the two breaches are fairly recent. 

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: c6a25f7199222f7aa5c71ff79c6b1dc2


informantnumber: 5861


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/12/2011


hearing_title: Otago RC 26 December 2011 - R 8


charge:

Mr Davidson alleged that just passing the 1000 metres, Mr Johnson permitted his mount to shift inwards, crowding DRUMREIMS across the running of PRESTIGIOSA, which was checked.


facts:

Mr Ray, Stipendiary Steward, demonstrated the incident on the videos. The defendant had drawn towards the outside of the field and shortly after the start, he commenced an angled run across the field towards the rail. However, he was not his length and another clear. The consequence was crowding to Ms Whelan and to Mr Moseley.

Mr Davidson called Ms Whelan and Mr Moseley as witnesses. Ms Whelan, who was riding PRESTIGIOSA, said that at the 1000 metres, she received pressure from the outside and her line was dictated. She said that she had to check her mount. She said that she thought her horse had over-reacted to the pressure. She said that she had been yelling for room. Mr Moseley said that DRUMREIMS had “jumped out good” and that he realised he was coming across a little more sharply than he intended. He straightened his mount, but the defendant was still coming across from his outside and was dictating him in a fraction. As a consequence, he was unable to relieve the pressure on Ms Whelan, who was on his inner.


appealdecision:


isappeal:


submissionsfordecision:

At the conclusion of the informant’s case, Mr Johnson indicated he wished to change his plea.


reasonsfordecision:


Decision:

The defendant admitted the charge of careless riding, which we thus find proved.


sumissionsforpenalty:

Mr Davidson described the breach as towards the upper end of mid range. He produced the defendant’s record which showed 2 breaches in the past year, with both of these being in the last 3 months. He submitted a 5 day suspension was appropriate.

Mr Johnson said that he had originally not admitted the breach as he thought Ms Whelan’s mount was racing erratically, but he now accepted that she had had to take hold because he had shifted across too quickly. He said that he had looked twice before moving and thought he was clear. He emphasised PRESTIGIOSA had over-reacted when Ms Whelan had to check it.

He said that he was a busy rider and he estimated that he had had about 700 rides in the past year. He thought only 2 suspensions in a year should be viewed favourably in light of this. He asked for a 7-day deferment. The informant did not object to this.


reasonsforpenalty:

We view the breach as mid-range. Two jockeys were squeezed for room and Ms Whelan had had to check her mount. Her horse may have over-reacted, as she states. Her horse’s head can certainly be seen to go into the air and lose momentum. But this was because Mr Moseley had been forced into her line of running, due to the defendant shifting inwards when not sufficiently clear of the horses on his inner.

The defendant’s record is very good when one has regard to the number of rides he has had in this last year. One concerning feature though, is that the two breaches are fairly recent. 


penalty:

We take a 5-day starting point. We do not believe that there is any need to increase this. This is not a grave breach of the careless riding rule. We give credit for Mr Johnson’s record and his eventual admission of the breach. We impose a 4-day suspension. Although the informant asked us to treat the defendant as a national rider, we do not believe that he would ride at Reefton one day and at Whangarei the next. Both the informant and Mr Johnson accepted this to be the case. We thus do not include Whangarei in our calculation.

Mr Johnson is suspended from riding after the meeting at Waikouaiti on 1 January 2012 up to and including 6 January 2012. He may ride again at Kumara on the 7th. 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr C Johnson - Licensed Jockey


Otherperson: Mr A Ray - Stipendiary Steward, Ms Whelan - Rider of PRESTIGIOSA, Mr Moseley - Rider of DRUMREIMS


PersonPresent:


Respondent:


StipendSteward:


raceid: f2b7e87f9d4670b1ee117ce479b6b889


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f5208da5257be8b0d98172bd7ba5debb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/12/2011


meet_title: Otago RC - 26 December 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Otago RC