Archive Decision

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Otago RC 4 March 2012 – R 4

ID: JCA13315

Applicant:
Mr AL Ray - Stipendiary Steward

Respondent(s):
CW Johnson - Licensed Jockey

Information Number:
A5231

Hearing Type:
Hearing

Rules:
Rule 330(3)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 4 March 2012

Meet Chair:
KHales

Meet Committee Member 1:
PKnowles

Race Date:
2012/03/04

Race Number:
R 5

Decision:

As Mr Johnson has admitted the charge, it is therefore deemed to be proved.

Penalty:

Mr Johnson is fined $300.

Charge:

It was alleged that Mr Johnson had taken two separate riding engagements for Race 4 namely for "Stradbroke City" trained by D Frye and "Whaa" trained by TJ Kennedy.

Facts:

This charge followed on from the "Request for a Ruling" in which the trainers concerned sought a ruling as to which horse Mr Johnson was to ride, as each believed that he had made a engagement with Mr Johnson's agent, Ms B Middlewood.

It was accepted by the parties that the evidence which had been heard in the "Request for a Ruling" formed the evidence for this charge.

Submissions for Decision:

It was submitted that Mr Johnson was responsible for the situation which had occurred in which his agent had allowed the two trainers to believe that Mr Johnson was to ride their horses.

Reasons for Decision:

The evidence was clear. Ms Middlewood allowed the situation to happen, because she believed  as a result of her discussions with the Racing Bureau, that because of the large number of nominatons, that the field would be split into two races. She took a risk that the horses would not be in the same race.

Submissions for Penalty:

The Stipendiary Stewards submitted that a fine was the appropriate penalty. However, it was further submitted that as this was the second time in two months that this situation had occurred with Mr Johnson, that the fine should be in the region of $300 to $350.

Mr Johnson had no submissions to make with regard to penalty.

Reasons for Penalty:

The aggravating feature in this case is that this is the second time in two months that this kind of situation has occurred with Mr Johnson. Having said that, we accept that Mr Johnson was not personally involved in the discussions with the trainers concerned. The fault lies entirely with his Rider's Agent, Ms Middlewood. However, it is Mr Johnson who carries the responsibilty for the breach.

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: 6130e862a45e6d479a2b4c2c559cea27


informantnumber: A5231


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 28/02/2012


hearing_title: Otago RC 4 March 2012 - R 4


charge:

It was alleged that Mr Johnson had taken two separate riding engagements for Race 4 namely for "Stradbroke City" trained by D Frye and "Whaa" trained by TJ Kennedy.


facts:

This charge followed on from the "Request for a Ruling" in which the trainers concerned sought a ruling as to which horse Mr Johnson was to ride, as each believed that he had made a engagement with Mr Johnson's agent, Ms B Middlewood.

It was accepted by the parties that the evidence which had been heard in the "Request for a Ruling" formed the evidence for this charge.


appealdecision:


isappeal:


submissionsfordecision:

It was submitted that Mr Johnson was responsible for the situation which had occurred in which his agent had allowed the two trainers to believe that Mr Johnson was to ride their horses.


reasonsfordecision:

The evidence was clear. Ms Middlewood allowed the situation to happen, because she believed  as a result of her discussions with the Racing Bureau, that because of the large number of nominatons, that the field would be split into two races. She took a risk that the horses would not be in the same race.


Decision:

As Mr Johnson has admitted the charge, it is therefore deemed to be proved.


sumissionsforpenalty:

The Stipendiary Stewards submitted that a fine was the appropriate penalty. However, it was further submitted that as this was the second time in two months that this situation had occurred with Mr Johnson, that the fine should be in the region of $300 to $350.

Mr Johnson had no submissions to make with regard to penalty.


reasonsforpenalty:

The aggravating feature in this case is that this is the second time in two months that this kind of situation has occurred with Mr Johnson. Having said that, we accept that Mr Johnson was not personally involved in the discussions with the trainers concerned. The fault lies entirely with his Rider's Agent, Ms Middlewood. However, it is Mr Johnson who carries the responsibilty for the breach.


penalty:

Mr Johnson is fined $300.


hearing_type: Hearing


Rules: Rule 330(3)


Informant: Mr AL Ray - Stipendiary Steward


JockeysandTrainer: CW Johnson - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ac7eb552ce5dbca3e3f4e6a0eb70b17e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


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