Archive Decision

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Riverton RC 31 March 2018 – R 6 – Chair, Prof G Hall

ID: JCA11809

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr J Lowry - Class A Jockey

Other Person:
Mr McLaughlin - Stipendiary Steward

Information Number:
A9742

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Riverton RC - 31 March 2018

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2018/03/31

Race Number:
R 6

Decision:

As Mr Lowry has admitted the breach, we find the breach proved.

Penalty:

Mr Lowry is suspended from end of racing on 7 April up to and including 18 April. This is seven national days.

Facts:

Following the running of Race 6, the CARRIERS ARMS HOTEL RIVERTON CUP, an information was filed by Stipendiary Steward, Mr Davidson, against Mr Lowry, alleging careless riding in that he allowed his mount GALLANT BOY to shift outwards near the 1900 metres checking TIMY TYLER (B Murray).

Mr McLaughlin demonstrated on the films that shortly after the start the respondent made an angled run towards the rail and, in so doing, came under the neck of the mount of Mr Murray.

When questioned by the Committee, he said it was quite an angled run and that Mr Lowry was clearly not his length and another clear of Mr Murray.

Mr Lowry said he had made an error of judgment. He had come across and he had difficulty in getting the horse to settle, as it was “a bit keen”. He said his plan was to follow Mr Mudhoo.

Submissions for Penalty:

Mr Davidson produced the respondent’s record, which evidenced four previous breaches of this rule since June 2017. The latest was at Wingatui on 25 January when Mr Lowry received a 6-day suspension. Mr Davidson described the breach as low to mid range. He believed a starting point in the range of six to eight days was appropriate and, considering the number of rides that the respondent has, his record was a neutral factor.

Mr Lowry did not disagree and asked for a deferment of penalty until after the meeting at Riccarton. Mr Davidson stated he had no objection to this.

Reasons for Penalty:

We believe Mr Davidson’s assessment of the gravity of the breach is accurate. We take into account that this is a listed race and adopt an eight-day starting point, which is at the low end of mid range. We have considered whether to uplift for record but on reflection have accepted that as the respondent is a busy South Island rider, we will not, but we emphasise to Mr Lowry any further breach is not likely to be similarly regarded. We give a one day reduction for the respondent’s ready admission of 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: 32f2b61cf71f666030f88e79fb31ddfb


informantnumber: A9742


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 03/04/2018


hearing_title: Riverton RC 31 March 2018 - R 6 - Chair, Prof G Hall


charge:


facts:

Following the running of Race 6, the CARRIERS ARMS HOTEL RIVERTON CUP, an information was filed by Stipendiary Steward, Mr Davidson, against Mr Lowry, alleging careless riding in that he allowed his mount GALLANT BOY to shift outwards near the 1900 metres checking TIMY TYLER (B Murray).

Mr McLaughlin demonstrated on the films that shortly after the start the respondent made an angled run towards the rail and, in so doing, came under the neck of the mount of Mr Murray.

When questioned by the Committee, he said it was quite an angled run and that Mr Lowry was clearly not his length and another clear of Mr Murray.

Mr Lowry said he had made an error of judgment. He had come across and he had difficulty in getting the horse to settle, as it was “a bit keen”. He said his plan was to follow Mr Mudhoo.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Lowry has admitted the breach, we find the breach proved.


sumissionsforpenalty:

Mr Davidson produced the respondent’s record, which evidenced four previous breaches of this rule since June 2017. The latest was at Wingatui on 25 January when Mr Lowry received a 6-day suspension. Mr Davidson described the breach as low to mid range. He believed a starting point in the range of six to eight days was appropriate and, considering the number of rides that the respondent has, his record was a neutral factor.

Mr Lowry did not disagree and asked for a deferment of penalty until after the meeting at Riccarton. Mr Davidson stated he had no objection to this.


reasonsforpenalty:

We believe Mr Davidson’s assessment of the gravity of the breach is accurate. We take into account that this is a listed race and adopt an eight-day starting point, which is at the low end of mid range. We have considered whether to uplift for record but on reflection have accepted that as the respondent is a busy South Island rider, we will not, but we emphasise to Mr Lowry any further breach is not likely to be similarly regarded. We give a one day reduction for the respondent’s ready admission of the breach.


penalty:

Mr Lowry is suspended from end of racing on 7 April up to and including 18 April. This is seven national days.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr J Lowry - Class A Jockey


Otherperson: Mr McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3824298f3d84a16d04c0731b03b169d4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 97e0f12d936e16d9505c18fba8bc2a18


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/03/2018


meet_title: Riverton RC - 31 March 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: riverton-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Riverton RC