Archive Decision

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South Canterbury RC – 19 July 2009 – Race 9

ID: JCA19922

Hearing Type:
Old Hearing

Rules:
858.1.b

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
South Canterbury RC - 19 July 2009

Race Date:
2009/07/19

Race Number:
Race 9

Decision:

Information No. 7479 was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr C W Johnson, alleging a breach of Rule 858 (1) (b) in that Mr Johnson “added gear namely a pad after he had weighed out for his mount ELSHADAI” for Race 9, Spantech Proprietaries 2100.



Information No. 7479 was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr C W Johnson, alleging a breach of Rule 858 (1) (b) in that Mr Johnson “added gear namely a pad after he had weighed out for his mount ELSHADAI” for Race 9, Spantech Proprietaries 2100.

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Mr Johnson had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The breach was found proved accordingly.

--

Rule 858 provides as follows:
(1)  Every rider commits a breach of these Rules who:
     (b)  does or permits any wrongful act or omission with respect to weight or weighing.

--

Mr Ching said that the breach was detected by Mr M G Humphries, Assistant Stipendiary Steward. Mr Humphries said that he had watched Mr Johnson weigh for Race 9 and had observed him drop a grey foam rubber pad prior to weighing. After weighing, Mr Johnson picked up the pad, added it to his gear and handed the saddle including the pad to Belinda Middlewood, the trainer of ELSHADAI. When presented in the birdcage, the horse was wearing the grey pad. Mr Ching said that Mr Johnson weighed in after the Race 0.25 kilogram over his weigh out weight. Mr Humphries said that he had spoken to Mr Johnson at a recent race meeting regarding a similar incident.

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Mr Ching recommended a fine of between $100-200. He submitted that Mr Johnson had not done it to “cheat” or gain an advantage in the weighing process.

--

The Committee had regard to Mr Johnson’s admission of the breach in determining penalty. However, any improper act in relation to weighing is not acceptable. It may have been no more than a silly error by Mr Johnson but not one that an experienced, senior jockey should make. No harm was done on this occasion, which was fortunate for Mr Johnson. There was no evidence that Mr Johnson had acted deceitfully. Had there been, the breach would have been much more serious.

--

In the circumstances, the Committee imposed a fine of $200 on Mr Johnson. This was at the top of the range recommended by Mr Ching and reflected the Committee’s views of Mr Johnson’s actions.

--

R G McKenzie
CHAIR
7479

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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: 4b0e928e1097b7a343a4ce84e3f45cae


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 19/07/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: South Canterbury RC - 19 July 2009 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Information No. 7479 was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr C W Johnson, alleging a breach of Rule 858 (1) (b) in that Mr Johnson “added gear namely a pad after he had weighed out for his mount ELSHADAI” for Race 9, Spantech Proprietaries 2100.



Information No. 7479 was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr C W Johnson, alleging a breach of Rule 858 (1) (b) in that Mr Johnson “added gear namely a pad after he had weighed out for his mount ELSHADAI” for Race 9, Spantech Proprietaries 2100.

--

Mr Johnson had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The breach was found proved accordingly.

--

Rule 858 provides as follows:
(1)  Every rider commits a breach of these Rules who:
     (b)  does or permits any wrongful act or omission with respect to weight or weighing.

--

Mr Ching said that the breach was detected by Mr M G Humphries, Assistant Stipendiary Steward. Mr Humphries said that he had watched Mr Johnson weigh for Race 9 and had observed him drop a grey foam rubber pad prior to weighing. After weighing, Mr Johnson picked up the pad, added it to his gear and handed the saddle including the pad to Belinda Middlewood, the trainer of ELSHADAI. When presented in the birdcage, the horse was wearing the grey pad. Mr Ching said that Mr Johnson weighed in after the Race 0.25 kilogram over his weigh out weight. Mr Humphries said that he had spoken to Mr Johnson at a recent race meeting regarding a similar incident.

--

Mr Ching recommended a fine of between $100-200. He submitted that Mr Johnson had not done it to “cheat” or gain an advantage in the weighing process.

--

The Committee had regard to Mr Johnson’s admission of the breach in determining penalty. However, any improper act in relation to weighing is not acceptable. It may have been no more than a silly error by Mr Johnson but not one that an experienced, senior jockey should make. No harm was done on this occasion, which was fortunate for Mr Johnson. There was no evidence that Mr Johnson had acted deceitfully. Had there been, the breach would have been much more serious.

--

In the circumstances, the Committee imposed a fine of $200 on Mr Johnson. This was at the top of the range recommended by Mr Ching and reflected the Committee’s views of Mr Johnson’s actions.

--

R G McKenzie
CHAIR
7479

--

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 858.1.b


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f88f55e8c213b5d2be60dd5dfd2d3548


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racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


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meetdate: 19/07/2009


meet_title: South Canterbury RC - 19 July 2009


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meet_racingtype: thoroughbred-racing


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name: South Canterbury RC