Riverton RC 22 April 2019 – R 3 – Chair, Prof G Hall
ID: JCA14052
Code:
Thoroughbred
Meet Title:
Riverton RC - 22 April 2019
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2019/04/22
Race Number:
R 3
Decision:
We find the breach is proved.
Penalty:
Mr Lowry is suspended for 7 days: From 25 April to 3 May 2019, inclusive.
Facts:
Mr McLaughlin alleged that Mr Lowry (BY MAGIC) permitted his mount in race 3, the BARNES OYSTERS & JENNY PULLEY CATERING MAIDEN, to shift in when insufficiently clear of INDULGENT (K Chowdhoory) which was checked near the 1000 metres.
Submissions for Decision:
Mr Davidson, Stipendiary Steward, demonstrated on the videos that Mr Lowry was racing 3 from the outside and, just after the 1000 metres, he shifted in causing Mr Chowdhoory to take hold of his mount. He demonstrated on the side-on video that Mr Chowdhoory was 3/4 of a length behind Mr Lowry at the time. Mr Davidson said in reply to questioning from Mr Lowry that Mr Lowry had never taken Mr Chowdhoory’s line but rather he had crowded him and caused him to check.
Mr McLaughlin said the Stewards believed the video evidence was clear. Mr Chowdhoory had been 3/4 of a length behind Mr Lowry for a number of strides before the incident and the only reason Mr Chowdhoory had had to check was because the respondent had shifted in.
Mr Chowdhoory gave evidence. He stated that he had received pressure from his outside. Mr Lowry was not clear of him, and he was close to Mr Lowry’s inside heel. He believed Mr Lowry was only 3/4 a length in front of him. Mr Lowry questioned Mr Chowdhoory as to whether he was checked. Mr Chowdhoory replied he was entitled to his ground and had had to grab hold because Mr Lowry was to his outside and was shifting towards him. Ms Morris was racing to his inside and he had nowhere to go. In response to a question from the Committee, he said there was slight contact from Mr Lowry.
Mr Lowry said he come across and had made slight contact with Mr Chowdhoory, but he did not take his line. He had relieved the pressure on Mr Chowdhoory almost instantly. He did not believe he had forced Mr Chowdhoory to check. He believed Mr Chowdhoory should have held his ground and pushed forward; Mr Chowdhoory was still racing in his own line and so was he. He acknowledged that he had checked Mr Chowdhoory, but this was because Mr Chowdhoory had thought it was tight. However, he could understand why Mr Chowdhoory thought it was tight. There was only slight contact.
Mr McLaughlin summed up by stating Mr Chowdhoory was established for some time outside Ms Morris. Mr Lowry was shifting in when he was not his length and another clear. Mr Chowdhoory was 3/4 of a length back from Mr Lowry and this was not an ideal position and he could not push forward as Mr Lowry had suggested he should.
Mr Lowry said he had never cleared Mr Chowdhoory and was not established in Mr Chowdhoory’s racing line. There was slight contact and he accepted he had “made it tough” for Mr Chowdhoory but he had relieved the pressure. His error was that he had come across too quickly, but Mr Chowdhoory had acted too quickly as well. The pressure had come off Mr Chowdhoory just as quickly as it had come on, and there was no reason for Mr Chowdhoory to check his mount.
Reasons for Decision:
We are satisfied that Mr Lowry has shifted ground and come across too quickly. In so doing, he has made contact with Mr Chowdhoory. As Mr Lowry said, he had made it “tough” for Mr Chowdhoory, who made the decision to check his mount. The respondent’s obligation when crossing is to be his length and another clear. Mr Lowry was not, hence the brief contact with Mr Chowdhoory. We accept Mr Lowry relieved the pressure almost immediately, but by then the damage had been done. However, this is a relevant factor when assessing the gravity of the breach.
Submissions for Penalty:
Mr McLaughlin produced Mr Lowry’s record with showed 3 suspensions in the past year: 8 August (6 days); 4 November (5 days) and 6 March (7 days). He believed today’s breach was low end, but an uplift was appropriate for record.
Mr Lowry agreed that the breach was low end and did not seek a deferment. He said he was entitled to defend the charge and the penalty should not be increased because of this.
Reasons for Penalty:
We agree that the breach is low end. We take a 6-day starting point and uplift by one day for record. Although we accept that Mr Lowry is a busy South Island jockey, we are of the view that 4 suspensions in 8 months, the last being only 6 weeks ago, merits this one-day uplift. There is no admission of the breach, which is merely the absence of a mitigating factor.
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: 91b3cc762bdd68047c55b795cc6c03dc
informantnumber: A9089
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 26/04/2019
hearing_title: Riverton RC 22 April 2019 - R 3 - Chair, Prof G Hall
charge:
facts:
Mr McLaughlin alleged that Mr Lowry (BY MAGIC) permitted his mount in race 3, the BARNES OYSTERS & JENNY PULLEY CATERING MAIDEN, to shift in when insufficiently clear of INDULGENT (K Chowdhoory) which was checked near the 1000 metres.
appealdecision:
isappeal:
submissionsfordecision:
Mr Davidson, Stipendiary Steward, demonstrated on the videos that Mr Lowry was racing 3 from the outside and, just after the 1000 metres, he shifted in causing Mr Chowdhoory to take hold of his mount. He demonstrated on the side-on video that Mr Chowdhoory was 3/4 of a length behind Mr Lowry at the time. Mr Davidson said in reply to questioning from Mr Lowry that Mr Lowry had never taken Mr Chowdhoory’s line but rather he had crowded him and caused him to check.
Mr McLaughlin said the Stewards believed the video evidence was clear. Mr Chowdhoory had been 3/4 of a length behind Mr Lowry for a number of strides before the incident and the only reason Mr Chowdhoory had had to check was because the respondent had shifted in.
Mr Chowdhoory gave evidence. He stated that he had received pressure from his outside. Mr Lowry was not clear of him, and he was close to Mr Lowry’s inside heel. He believed Mr Lowry was only 3/4 a length in front of him. Mr Lowry questioned Mr Chowdhoory as to whether he was checked. Mr Chowdhoory replied he was entitled to his ground and had had to grab hold because Mr Lowry was to his outside and was shifting towards him. Ms Morris was racing to his inside and he had nowhere to go. In response to a question from the Committee, he said there was slight contact from Mr Lowry.
Mr Lowry said he come across and had made slight contact with Mr Chowdhoory, but he did not take his line. He had relieved the pressure on Mr Chowdhoory almost instantly. He did not believe he had forced Mr Chowdhoory to check. He believed Mr Chowdhoory should have held his ground and pushed forward; Mr Chowdhoory was still racing in his own line and so was he. He acknowledged that he had checked Mr Chowdhoory, but this was because Mr Chowdhoory had thought it was tight. However, he could understand why Mr Chowdhoory thought it was tight. There was only slight contact.
Mr McLaughlin summed up by stating Mr Chowdhoory was established for some time outside Ms Morris. Mr Lowry was shifting in when he was not his length and another clear. Mr Chowdhoory was 3/4 of a length back from Mr Lowry and this was not an ideal position and he could not push forward as Mr Lowry had suggested he should.
Mr Lowry said he had never cleared Mr Chowdhoory and was not established in Mr Chowdhoory’s racing line. There was slight contact and he accepted he had “made it tough” for Mr Chowdhoory but he had relieved the pressure. His error was that he had come across too quickly, but Mr Chowdhoory had acted too quickly as well. The pressure had come off Mr Chowdhoory just as quickly as it had come on, and there was no reason for Mr Chowdhoory to check his mount.
reasonsfordecision:
We are satisfied that Mr Lowry has shifted ground and come across too quickly. In so doing, he has made contact with Mr Chowdhoory. As Mr Lowry said, he had made it “tough” for Mr Chowdhoory, who made the decision to check his mount. The respondent’s obligation when crossing is to be his length and another clear. Mr Lowry was not, hence the brief contact with Mr Chowdhoory. We accept Mr Lowry relieved the pressure almost immediately, but by then the damage had been done. However, this is a relevant factor when assessing the gravity of the breach.
Decision:
We find the breach is proved.
sumissionsforpenalty:
Mr McLaughlin produced Mr Lowry’s record with showed 3 suspensions in the past year: 8 August (6 days); 4 November (5 days) and 6 March (7 days). He believed today’s breach was low end, but an uplift was appropriate for record.
Mr Lowry agreed that the breach was low end and did not seek a deferment. He said he was entitled to defend the charge and the penalty should not be increased because of this.
reasonsforpenalty:
We agree that the breach is low end. We take a 6-day starting point and uplift by one day for record. Although we accept that Mr Lowry is a busy South Island jockey, we are of the view that 4 suspensions in 8 months, the last being only 6 weeks ago, merits this one-day uplift. There is no admission of the breach, which is merely the absence of a mitigating factor.
penalty:
Mr Lowry is suspended for 7 days: From 25 April to 3 May 2019, inclusive.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J M McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr J Lowry - Class A Jockey
Otherperson: Mr M Davidson - Stipendiary Steward, Mr Chowdhoory - Class B Jockey
PersonPresent:
Respondent:
StipendSteward:
raceid: 2aca6cbef122e7f76c428c4a237f3581
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race_noreport: 0
race_emailed1: 0
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race_title: R 3
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meetdate: 22/04/2019
meet_title: Riverton RC - 22 April 2019
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meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: MConway
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name: Riverton RC