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Southland RC 10 December 2016 – R 7 – Chair, Prof G Hall

ID: JCA10905

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr L Callaway - Licensed Jockey

Information Number:
A7781

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Southland RC - 10 December 2016

Meet Chair:
GHall

Meet Committee Member 1:
PWilliams

Race Date:
2016/12/10

Race Number:
R 7

Decision:

Mr Callaway has admitted the breach. We thus find the breach proved.

Penalty:

Mr Callaway is suspended from the end of racing today up to and including 18 December. This is Ashburton on 16 December and Gore 18 December, two South Island days.

Facts:

Mr Davidson, Stipendiary Steward, alleged that Mr Callaway permitted his mount COME FLY WITH ME to shift inwards shortly after the start when not the required distance clear of SUREASYOUWEREBORN and OOR WILLIE, which were crowded and had to check.

Mr Davidson demonstrated on the video that Mr Callaway had drawn 4 in the gates. Shortly after the start Mr Callaway, who had jumped well, made an angled run towards the rail and in so doing crowded Mr Moseley, who had to steady his mount and move inwards. At the time Mr Callaway was not his length and another clear and Mr Davidson estimated that he was at best a length and a quarter.

Mr Davidson emphasised that at the time Ms Barnes was in gate 1 and her horse had shifted out abruptly and had come into contact with OOR WILLIE, ridden by Mr Muniandy. He said this had squeezed Mr Muniandy who also had Mr Moseley under pressure from the respondent on his outside. However, the principal reason Mr Muniandy was in trouble was the movement from his inner and not that from the respondent.

Mr Callaway emphasised that he was almost his length and another clear. He thought it was a length and a half. He said he was not responsible for the situation Mr Muniandy found himself in and that Mr Moseley had said to him that his horse was over-racing and he was trying to take a hold. He believed that had Ms Barnes not moved out, he would not have been before the JCA. He said the run that he made, which was a length and a half clear, was frequently made in a race without incident. When this Committee commented that Mr Moseley could be seen to be sitting up in the saddle after Mr Callaway crossed him, Mr Callaway said this was due to SUREASYOUWEREBORN over-racing. Mr Callaway said as soon as he heard yelling he had pulled his horse straight out.

Mr Davidson did not believe SUREASYOUWEREBORN had over-raced until Mr Moseley had had to take a hold as a consequence of the respondent crossing when not the required 2 lengths clear. He pointed out Mr Moseley had given his horse a dig immediately prior to Mr Callaway crossing. He also said when Mr Moseley took a hold SUREASYOUWEREBORN had not come back to him. He accepted the respondent had tried to relieve the pressure.

Submissions for Penalty:

Mr Davidson produced the respondent’s record. This evidenced a breach of the careless riding rule in October at Riccarton. He was suspended for 2 days on that occasion. We inquired as to Mr Callaway’s record prior to that and were informed that his previous breach of this rule was in September 2015. Mr Davidson stated the respondent was a busy rider and this record could be viewed as very good. He submitted a penalty of 2 to 3 days’ suspension was appropriate.

Mr Callaway submitted that this Committee should consider the imposition of a suspension plus a fine in the range of $200.

Reasons for Penalty:

We view the breach as mid-range. Mr Moseley has had to take hold of his mount and steady shortly after the start. We regard the interference suffered by Mr Muniandy to be principally caused by PRINCESS BROOK (Ms Barnes) shifting out abruptly at the start. We make no adjustment to the respondent’s starting point for the nature of the breach.

We regard the respondent’s record as good. We note his admission of the breach and the emphasis he has placed upon the mitigating circumstances, which he has identified with respect to the breach itself.

After a one day reduction, the result is a penalty of two days’ suspension. We see no need for the imposition of a fine.

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: 16701b0b1b1e76b61374766e37cfb11c


informantnumber: A7781


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 12/12/2016


hearing_title: Southland RC 10 December 2016 - R 7 - Chair, Prof G Hall


charge:


facts:

Mr Davidson, Stipendiary Steward, alleged that Mr Callaway permitted his mount COME FLY WITH ME to shift inwards shortly after the start when not the required distance clear of SUREASYOUWEREBORN and OOR WILLIE, which were crowded and had to check.

Mr Davidson demonstrated on the video that Mr Callaway had drawn 4 in the gates. Shortly after the start Mr Callaway, who had jumped well, made an angled run towards the rail and in so doing crowded Mr Moseley, who had to steady his mount and move inwards. At the time Mr Callaway was not his length and another clear and Mr Davidson estimated that he was at best a length and a quarter.

Mr Davidson emphasised that at the time Ms Barnes was in gate 1 and her horse had shifted out abruptly and had come into contact with OOR WILLIE, ridden by Mr Muniandy. He said this had squeezed Mr Muniandy who also had Mr Moseley under pressure from the respondent on his outside. However, the principal reason Mr Muniandy was in trouble was the movement from his inner and not that from the respondent.

Mr Callaway emphasised that he was almost his length and another clear. He thought it was a length and a half. He said he was not responsible for the situation Mr Muniandy found himself in and that Mr Moseley had said to him that his horse was over-racing and he was trying to take a hold. He believed that had Ms Barnes not moved out, he would not have been before the JCA. He said the run that he made, which was a length and a half clear, was frequently made in a race without incident. When this Committee commented that Mr Moseley could be seen to be sitting up in the saddle after Mr Callaway crossed him, Mr Callaway said this was due to SUREASYOUWEREBORN over-racing. Mr Callaway said as soon as he heard yelling he had pulled his horse straight out.

Mr Davidson did not believe SUREASYOUWEREBORN had over-raced until Mr Moseley had had to take a hold as a consequence of the respondent crossing when not the required 2 lengths clear. He pointed out Mr Moseley had given his horse a dig immediately prior to Mr Callaway crossing. He also said when Mr Moseley took a hold SUREASYOUWEREBORN had not come back to him. He accepted the respondent had tried to relieve the pressure.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Callaway has admitted the breach. We thus find the breach proved.


sumissionsforpenalty:

Mr Davidson produced the respondent’s record. This evidenced a breach of the careless riding rule in October at Riccarton. He was suspended for 2 days on that occasion. We inquired as to Mr Callaway’s record prior to that and were informed that his previous breach of this rule was in September 2015. Mr Davidson stated the respondent was a busy rider and this record could be viewed as very good. He submitted a penalty of 2 to 3 days’ suspension was appropriate.

Mr Callaway submitted that this Committee should consider the imposition of a suspension plus a fine in the range of $200.


reasonsforpenalty:

We view the breach as mid-range. Mr Moseley has had to take hold of his mount and steady shortly after the start. We regard the interference suffered by Mr Muniandy to be principally caused by PRINCESS BROOK (Ms Barnes) shifting out abruptly at the start. We make no adjustment to the respondent’s starting point for the nature of the breach.

We regard the respondent’s record as good. We note his admission of the breach and the emphasis he has placed upon the mitigating circumstances, which he has identified with respect to the breach itself.

After a one day reduction, the result is a penalty of two days’ suspension. We see no need for the imposition of a fine.


penalty:

Mr Callaway is suspended from the end of racing today up to and including 18 December. This is Ashburton on 16 December and Gore 18 December, two South Island days.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr L Callaway - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ea0d9b7d8ea46caed11e525ad8181d48


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


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meetdate: 10/12/2016


meet_title: Southland RC - 10 December 2016


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tracklocation: southland-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: PWilliams


meet_pm2: none


name: Southland RC