Otago RC 27 September 2014 – R 7 (request for a ruling)
ID: JCA15511
Code:
Thoroughbred
Meet Title:
Otago RC - 27 September 2014
Meet Chair:
GHall
Meet Committee Member 1:
DJackson
Race Date:
2014/09/27
Race Number:
R7
Decision:
Weighing all these matters, we believe it is Ms Robson’s and the connections’ right to elect that Mr Walsh ride the horse on this occasion. We asked Ms Robson to convey to the connections of the horse Mr Callaway’s apology that he has expressed to us for his not fronting on the Thursday morning to work the horse.
Facts:
Mr Callaway sought a ruling pursuant to r 330(2) in that he believed he had an engagement for BLACK BERRY PUNCH in race 7, the PRYDE’S EASIFEED OPEN HANDICAP 1110M.
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 Callaway stated that Ms Robson the trainer of BLACK BERRY PUNCH had engaged him to ride the horse some 3 weeks prior to nominations but after he had failed to turn up on Thursday morning to ride the horse in work, he had been told by means of a text to his agent, Ms Wright, that his services were no longer required. He admitted he had let Ms Robson down by not turning up but he explained he was a busy rider and he had simply forgotten that morning. He added that he had an arrangement with Ms Robson that she would ring him the night before to remind him he was to ride BLACK BERRY PUNCH the next day. She had not done this. He admitted he was at fault but said he believed he should have still been able to ride the horse, as had been arranged. He said he often rode work for Ms Robson. It was not all the time though, as sometimes he was too busy.
Ms Robson spoke by telephone. She stated when she had nominated BLACK BERRY PUNCH on the net she had indicated that Mr Callaway would ride the horse. However, she had also arranged with him that he would ride the horse in work on the Thursday morning before raceday. Mr Callaway had let her down by not turning up. She agreed she had said to Mr Callaway that she would ring him the night before, but she explained that she had been out for dinner that evening and had not done so. She said she and the owners of the horse had waited and waited for Mr Callaway to turn up and the owners had become angry. Mr Walsh had stepped in at the last minute and had ridden the horse in work in place of Mr Callaway. She explained the connections of the horse wanted to reward Mr Walsh by offering him the ride. She said she had told Mr Callaway that he was no longer riding the horse over an hour before riders had to be declared. She agreed it was unfortunate for Mr Callaway but in her opinion he was spreading himself too thinly and, as a consequence, he had become unreliable. She said she had communicated this fact directly to Mr Callaway by text and that there was “nothing personal” in the decision to offer the ride to Mr Walsh.
Mr Callaway explained that he was unaware the owners of the horse would be present when BLACK BERRY PUNCH was to be worked and, had he known, he was sure he would have remembered he was to ride the horse that morning.
Mr McLaughlin, Stipendiary Steward, stated that Ms Robson’s version of events was correct, (and we note that Mr Callaway also accepted this) and that Mr Walsh had been declared as the rider of BLACK BERRY PUNCH for a little over 2 hours until the RIU became aware there was a disputed riding engagement, at which point they asked that Mr Walsh’s name be removed from the official list until the dispute was determined.
Reasons for Decision:
We are satisfied that Mr Callaway had given Ms Robson an undertaking he would ride BLACK BERRY PUNCH in work prior to its racing today. Ms Robson had earlier indicated to Mr Callaway that she would nominate him as the rider, and indeed she had done so when she nominated the horse for the race on the net. We can understand her and the connections' frustration at Mr Callaway’s absence on Thursday morning. Mr Walsh stepped into the breach and we can again understand why the connections stated they wanted him rather than Mr Callaway to ride the horse.
The change of rider from Mr Callaway to Mr Walsh occurred an hour prior to riders being declared. We can understand Mr Callaway’s annoyance as he would have had very little time to obtain a replacement ride and indeed, as it transpired, he was unable to. However, Ms Robson has confirmed to us her earlier offer by text to Mr Callaway to pay him a losing riding fee.
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: 9cf953d6dd3c5e35b85becd1b7c17042
informantnumber: A5728
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 19/09/2014
hearing_title: Otago RC 27 September 2014 - R 7 (request for a ruling)
charge:
facts:
Mr Callaway sought a ruling pursuant to r 330(2) in that he believed he had an engagement for BLACK BERRY PUNCH in race 7, the PRYDE’S EASIFEED OPEN HANDICAP 1110M.
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 Callaway stated that Ms Robson the trainer of BLACK BERRY PUNCH had engaged him to ride the horse some 3 weeks prior to nominations but after he had failed to turn up on Thursday morning to ride the horse in work, he had been told by means of a text to his agent, Ms Wright, that his services were no longer required. He admitted he had let Ms Robson down by not turning up but he explained he was a busy rider and he had simply forgotten that morning. He added that he had an arrangement with Ms Robson that she would ring him the night before to remind him he was to ride BLACK BERRY PUNCH the next day. She had not done this. He admitted he was at fault but said he believed he should have still been able to ride the horse, as had been arranged. He said he often rode work for Ms Robson. It was not all the time though, as sometimes he was too busy.
Ms Robson spoke by telephone. She stated when she had nominated BLACK BERRY PUNCH on the net she had indicated that Mr Callaway would ride the horse. However, she had also arranged with him that he would ride the horse in work on the Thursday morning before raceday. Mr Callaway had let her down by not turning up. She agreed she had said to Mr Callaway that she would ring him the night before, but she explained that she had been out for dinner that evening and had not done so. She said she and the owners of the horse had waited and waited for Mr Callaway to turn up and the owners had become angry. Mr Walsh had stepped in at the last minute and had ridden the horse in work in place of Mr Callaway. She explained the connections of the horse wanted to reward Mr Walsh by offering him the ride. She said she had told Mr Callaway that he was no longer riding the horse over an hour before riders had to be declared. She agreed it was unfortunate for Mr Callaway but in her opinion he was spreading himself too thinly and, as a consequence, he had become unreliable. She said she had communicated this fact directly to Mr Callaway by text and that there was “nothing personal” in the decision to offer the ride to Mr Walsh.
Mr Callaway explained that he was unaware the owners of the horse would be present when BLACK BERRY PUNCH was to be worked and, had he known, he was sure he would have remembered he was to ride the horse that morning.
Mr McLaughlin, Stipendiary Steward, stated that Ms Robson’s version of events was correct, (and we note that Mr Callaway also accepted this) and that Mr Walsh had been declared as the rider of BLACK BERRY PUNCH for a little over 2 hours until the RIU became aware there was a disputed riding engagement, at which point they asked that Mr Walsh’s name be removed from the official list until the dispute was determined.
reasonsfordecision:
We are satisfied that Mr Callaway had given Ms Robson an undertaking he would ride BLACK BERRY PUNCH in work prior to its racing today. Ms Robson had earlier indicated to Mr Callaway that she would nominate him as the rider, and indeed she had done so when she nominated the horse for the race on the net. We can understand her and the connections' frustration at Mr Callaway’s absence on Thursday morning. Mr Walsh stepped into the breach and we can again understand why the connections stated they wanted him rather than Mr Callaway to ride the horse.
The change of rider from Mr Callaway to Mr Walsh occurred an hour prior to riders being declared. We can understand Mr Callaway’s annoyance as he would have had very little time to obtain a replacement ride and indeed, as it transpired, he was unable to. However, Ms Robson has confirmed to us her earlier offer by text to Mr Callaway to pay him a losing riding fee.
Decision:
Weighing all these matters, we believe it is Ms Robson’s and the connections’ right to elect that Mr Walsh ride the horse on this occasion. We asked Ms Robson to convey to the connections of the horse Mr Callaway’s apology that he has expressed to us for his not fronting on the Thursday morning to work the horse.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: Rule 330(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr L Callaway Licensed Jockey, Ms Robson, licensed trainer (by telephone)
Respondent:
StipendSteward: Mr J McLaughlin Stipendiary Steward
raceid: 086002b57031aa3dbef68c8d904396ca
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7746d9127346e06cf74ff878400c8e63
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/09/2014
meet_title: Otago RC - 27 September 2014
meet_expappcomment:
meet_km:
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tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: DJackson
meet_pm2: none
name: Otago RC