Otago RC 4 March 2012 – R 4 (request for a ruling)
ID: JCA11750
Code:
Thoroughbred
Meet Title:
Otago RC - 4 March 2012
Meet Chair:
KHales
Meet Committee Member 1:
PKnowles
Race Date:
2012/03/04
Race Number:
R4
Decision:
After due deliberation, a ruling was made that Mr Johnson would ride "Stradbroke City".
Facts:
A ruling was sought by the Stipendiary Stewards to determine whether Mr Johnson should ride "Stradbroke City" or "Whaa" in Race 4.
Both the training partnership of T & DM Kennedy and Mr DM Frye, Licensed Trainer were of the view that Mr Johnson had been engaged to ride their respective horses in Race 4. The Kennedys are the trainers of "Whaa" and Mr Frye is the trainer of "Whaa".
Mrs Kennedy gave evidence that Mr Johnson had been engaged to ride "Whaa" at Wingatui on 4th February 2012, but that the horse was scratched because of the track conditions. Mrs Kennedy said that it was agreed that Mr Johnson would ride "Whaa" at "its next start". No firm date was mentioned. She said that they were keen for Mr Johnson to ride their horse because it had a nervous disposition and that Mr Johnson had handled it well when he rode it to win at Kurow on 30th December 2011. She said that her husband spoke to Ms Middlewood, who is Mr Johnson's rider's agent in the week leading up to the meeting at Cromwell, and told her that he would be starting the horse at Cromwell.
Mr Frye on the other hand said that Mr Johnson had ridden "Stradbroke City" in its last two starts, and was under the clear impression from his discussions with Ms Middlewood that he had engaged Mr Johnson to ride his horse at Cromwell. Mr Johnson rode his horse in work on Monday 27th February, and had he received any indication that Mr Johnson did not want to take the ride then he would have made other arrangements. He also said that he has had a long standing arrangement with Ms Midlewood, that when he asks her about Mr Johnson taking a ride on any of his horses that he will be gaven a clear "Yes" or "No" answer.
Ms Middlewood told the hearing that the discussion at Wingatui with Mr Kennedy took place and that she said that it would be fine for Mr Johnson to take the ride at its next start. However, she also said that Mr Frye telephoned her in the days leading up to the Cromwell meeting to confirm the ride. She received the call from Mr Frye on her mobile phone when she was in the supermarket and said that she didn't have her book with her but that she would get back to him, but she thought it would be "alright". Regrettably, Ms Middlewood was bargaining on the field being split, as she had been told by the Racing Bureau, that because of the large number of horses nominated that the field would be split. She therefore gambled on the chance that the field would be split and that "Whaa" and "Stradbroke City" would not be in the same race. The field was not split as she had thought it would be, and thus rider declaration time came with there being no decision being made as to which horse Mr Johnson would ride. However, Mr Frye said that he was left with the clear impression that Mr Johnson was to ride "Stradbroke City".
Mr Davidson, Stipendiary Steward, said that the Racing Integrity Unit did not become aware of the dispute until 7:45 am on raceday.
Submissions for Decision:
No submissions were made as to whom had the stronger case and therefore the Judicial Committee was left to rule on the matter.
Reasons for Decision:
The evidence in the case was evenly balanced. One trainer is going to be disappointed. Each trainer obviously considers that he has the stronger case.
However, on balance we considered that Mr Frye had the stronger case. Mr Johnson rode his horse in work on the Monday before the meeting. He did not receive any hint that Mr Johnson would not take the ride. He was left with a clear impression by Ms Middlewood that Mr Johnson would be riding his horse at today's meeting in Cromwell.
The request by Mr Kennedy for Mr Johnson to ride "Whaa" at "its next start" without any date being mentioned, is probably not definite enough in all of the circumstances to constitute a firm engagement.
We record that Mr Johnson did not personally take part in the discussions concerning his riding engagements. His agent, Ms Middlewood was responsible for all negotiations. This will be referred to further in the hearing which arises from this dispute.
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: 30fcf664cebd2aae7fb7367b02d30654
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 28/02/2012
hearing_title: Otago RC 4 March 2012 - R 4 (request for a ruling)
charge:
facts:
A ruling was sought by the Stipendiary Stewards to determine whether Mr Johnson should ride "Stradbroke City" or "Whaa" in Race 4.
Both the training partnership of T & DM Kennedy and Mr DM Frye, Licensed Trainer were of the view that Mr Johnson had been engaged to ride their respective horses in Race 4. The Kennedys are the trainers of "Whaa" and Mr Frye is the trainer of "Whaa".
Mrs Kennedy gave evidence that Mr Johnson had been engaged to ride "Whaa" at Wingatui on 4th February 2012, but that the horse was scratched because of the track conditions. Mrs Kennedy said that it was agreed that Mr Johnson would ride "Whaa" at "its next start". No firm date was mentioned. She said that they were keen for Mr Johnson to ride their horse because it had a nervous disposition and that Mr Johnson had handled it well when he rode it to win at Kurow on 30th December 2011. She said that her husband spoke to Ms Middlewood, who is Mr Johnson's rider's agent in the week leading up to the meeting at Cromwell, and told her that he would be starting the horse at Cromwell.
Mr Frye on the other hand said that Mr Johnson had ridden "Stradbroke City" in its last two starts, and was under the clear impression from his discussions with Ms Middlewood that he had engaged Mr Johnson to ride his horse at Cromwell. Mr Johnson rode his horse in work on Monday 27th February, and had he received any indication that Mr Johnson did not want to take the ride then he would have made other arrangements. He also said that he has had a long standing arrangement with Ms Midlewood, that when he asks her about Mr Johnson taking a ride on any of his horses that he will be gaven a clear "Yes" or "No" answer.
Ms Middlewood told the hearing that the discussion at Wingatui with Mr Kennedy took place and that she said that it would be fine for Mr Johnson to take the ride at its next start. However, she also said that Mr Frye telephoned her in the days leading up to the Cromwell meeting to confirm the ride. She received the call from Mr Frye on her mobile phone when she was in the supermarket and said that she didn't have her book with her but that she would get back to him, but she thought it would be "alright". Regrettably, Ms Middlewood was bargaining on the field being split, as she had been told by the Racing Bureau, that because of the large number of horses nominated that the field would be split. She therefore gambled on the chance that the field would be split and that "Whaa" and "Stradbroke City" would not be in the same race. The field was not split as she had thought it would be, and thus rider declaration time came with there being no decision being made as to which horse Mr Johnson would ride. However, Mr Frye said that he was left with the clear impression that Mr Johnson was to ride "Stradbroke City".
Mr Davidson, Stipendiary Steward, said that the Racing Integrity Unit did not become aware of the dispute until 7:45 am on raceday.
appealdecision:
isappeal:
submissionsfordecision:
No submissions were made as to whom had the stronger case and therefore the Judicial Committee was left to rule on the matter.
reasonsfordecision:
The evidence in the case was evenly balanced. One trainer is going to be disappointed. Each trainer obviously considers that he has the stronger case.
However, on balance we considered that Mr Frye had the stronger case. Mr Johnson rode his horse in work on the Monday before the meeting. He did not receive any hint that Mr Johnson would not take the ride. He was left with a clear impression by Ms Middlewood that Mr Johnson would be riding his horse at today's meeting in Cromwell.
The request by Mr Kennedy for Mr Johnson to ride "Whaa" at "its next start" without any date being mentioned, is probably not definite enough in all of the circumstances to constitute a firm engagement.
We record that Mr Johnson did not personally take part in the discussions concerning his riding engagements. His agent, Ms Middlewood was responsible for all negotiations. This will be referred to further in the hearing which arises from this dispute.
Decision:
After due deliberation, a ruling was made that Mr Johnson would ride "Stradbroke City".
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: Rule 330(3), A Rider shall not:, (b) permit himself to be engaged for more than one horse accepted or deemed to have been accepted for the same race
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr CW Johnson - Licensed Jockey, Mr M Davidson Stipendiary Steward, Mrs DM Kennedy - Licensed Trainer, Mr D Frye - Licensed Trainer, Ms B Middlewood - Licensed Trainer
Respondent:
StipendSteward: Mr A L Ray - Stipendiary Steward
raceid: 13173ae5dd12f78e962c0301ae0ba93a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eda4959bd4732c26a3649529bf87ce07
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/03/2012
meet_title: Otago RC - 4 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: PKnowles
meet_pm2: none
name: Otago RC