Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Southland RC 16 December 2017 – R 3 – Chair, Prof G Hall

ID: JCA15720

Applicant:
Mr M Davidson – Stipendiary Steward

Respondent(s):
Mr A Bohorun - Apprentice Jockey

Other Person:
Mr S Blair-Edie - Trainer of GET RHYTHM assisting Mr Bohorun, Mr D Walsh - Apprentice Jockey Mentor assisting Mr Bohorun, Mr L Tidmarsh - Stipendiary Steward

Information Number:
A9710

Hearing Type:
Hearing

New Charge:
Incompetent Riding

Rules:
638(1)(e)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Southland RC - 16 December 2017

Meet Chair:
GHall

Meet Committee Member 1:
VMUnro

Race Date:
2017/12/16

Race Number:
R 3

Decision:

As Mr Bohorun has admitted the charge, it is found proved.

Penalty:

These factors reduce the penalty to 30 national riding days. Mr Bohorun is suspended from the end of racing on 17 December up to and including 24 January 2018.

Facts:

Mr Davidson filed an information alleging Mr Bohorun (GET RHYTHM) rode incompetently when restraining his ride from the start until the 1000 metres in Race 3, the Versatile Homes & Buildings Maiden 1400 metres.

Rule 638(1)(e) reads: A rider shall not ride a horse in a manner which the Judicial Committee considers to be incompetent.

Mr Bohorun admitted the breach.

Mr Tidmarsh, with the assistance of the video replays, outlined the Stewards’ concerns regarding Mr Bohorun’s ride. He said that Mr Bohorun had drawn barrier 2 and had begun slowly. After so doing, Mr Bohorun tightly restrained his mount. Mr Tidmarsh demonstrated that the respondent was still restraining his mount and losing ground on the main field until the 1000 metre mark.

Mr Tidmarsh further stated that from the 1000 metres Mr Bohorun’s mount was racing tractably. Prior to that the respondent had been fighting the horse and had lost “a fair distance”.

Mr Davidson stated that the issue was with Mr Bohorun’s actions in the first 400 to 500 metres when he severely restrained his mount and, in so doing, had effectively taken the horse out of the race. The horse had no show after the first 400 metres. GET RHYTHM was the second favourite in the race and was under a “stranglehold”. The horse had finished 3rd to last, approximately some 40 metres from the body of the field and officially 15.5 lengths from the winning horse.

Mr Blair-Edie said he felt partially responsible, as he had instructed Mr Bohorun not to go out wide and away from the rail. He stated the horse GET RHYTHM is a powerful, brute of a horse and is a hard horse to ride. Last start Mr Bohorun rode him very well, and he had finished second. That was why he had put the respondent on the horse today. He further stated that because of the tight hold Mr Bohorun had on the horse, it was hanging out, which would have increased the respondent’s concerns that the horse wanted to race wider on the track.

Mr Walsh stated that Mr Bohorun should not have been riding GET RHYTHM, as the horse needed a senior rider. The horse was hanging in and out. He stated that Mr Bohorun appeared to be mindful of the other horses that had been slow away from the barrier.

Mr Walsh said that Mr Bohorun had “overcooked it”, but he did not affect any other runner. GET RHYTHM was “a devil of a horse to ride”, so he might have been better to give him rein. He further stated that Mr Bohorun had limited rides and when he did ride it was spasmodic, which did not help the respondent’s fitness or judgement.

Mr Bohorun stated that no other rider was at risk from his actions. He had been concerned as to the safety of the horses around him had he let GET RHYTHM go and had the horse shifted wider on the track.

Submissions for Penalty:

Mr Davidson stated that Mr Bohorun has had limited opportunities in the deep south, particularly with the limited winter racing. The respondent has had 39 lifetime rides, 18 in his first season of riding and 21 to date this season. He stated that this was Mr Bohorun’s second offence under this rule in the last 12 months. He received a 4 week penalty on 11 June last. With this being his second offence there should be a significant uplift from the JCA starting point of 4 weeks. He further stated that the rights of the punter needed to be protected, with GET RYTHM being well supported. The integrity of the industry was an issue.

Mr Davidson recommended a starting point of 6 to 8 weeks. He suggested a programme with Mr Walsh be set to assist Mr Bohorun.

Mr Blair-Edie said that Mr Bohorun was on a small wage, and 50% of his income was from riding.

Mr Walsh stated that the breach was admitted, the horse was very difficult to ride, the jockey was inexperienced, and the respondent thought what he was doing was right at the time but had overcooked it.

Reasons for Penalty:

GET RHYTHM is a difficult horse to ride. This is accepted by the parties. Mr Bohorun had been instructed by the trainer not to let the horse race wide on the track. As Mr Blair-Edie has said, this instruction may have been taken too literally as GET RHYTHM got its head up when being severely restrained by Mr Bohorun through the early stages and lost considerable ground.

The starting point in the Penalty Guide is 4 weeks’ suspension. It has recently been reduced from 6 to 4 weeks. The reason for this reduction is not immediately obvious to us but it must be reflected in the starting point that we adopt.

The previous breach of this rule by the respondent is an aggravating feature but the previous 4 week suspension was imposed under the old starting point. The breach is at the high end of mid range. Effectively, the horse was never in the race, as it had no chance at the 1000 metres. An uplift is also required for the previous breach.

We take a starting point of 7 weeks. Penalties are now national days. This equates on this occasion to 39 days. Mitigating factors are the racing manners of the horse and that the respondent is inexperienced and has had little opportunity to improve his race riding skills since his previous breach. However, the converse of this is that the respondent has again breached this rule despite having only a small number of rides since his return to race riding. Further mitigating factors are his admission of the breach and his willingness to be assisted by the Apprentice Mentor. We are pleased to learn that Mr Walsh will be assisting Mr Bohorun, and that this instruction will commence tomorrow.

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: c7c3cb8c19bb3163ece93b2dd138afe3


informantnumber: A9710


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Incompetent Riding


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2017


hearing_title: Southland RC 16 December 2017 - R 3 - Chair, Prof G Hall


charge:


facts:

Mr Davidson filed an information alleging Mr Bohorun (GET RHYTHM) rode incompetently when restraining his ride from the start until the 1000 metres in Race 3, the Versatile Homes & Buildings Maiden 1400 metres.

Rule 638(1)(e) reads: A rider shall not ride a horse in a manner which the Judicial Committee considers to be incompetent.

Mr Bohorun admitted the breach.

Mr Tidmarsh, with the assistance of the video replays, outlined the Stewards’ concerns regarding Mr Bohorun’s ride. He said that Mr Bohorun had drawn barrier 2 and had begun slowly. After so doing, Mr Bohorun tightly restrained his mount. Mr Tidmarsh demonstrated that the respondent was still restraining his mount and losing ground on the main field until the 1000 metre mark.

Mr Tidmarsh further stated that from the 1000 metres Mr Bohorun’s mount was racing tractably. Prior to that the respondent had been fighting the horse and had lost “a fair distance”.

Mr Davidson stated that the issue was with Mr Bohorun’s actions in the first 400 to 500 metres when he severely restrained his mount and, in so doing, had effectively taken the horse out of the race. The horse had no show after the first 400 metres. GET RHYTHM was the second favourite in the race and was under a “stranglehold”. The horse had finished 3rd to last, approximately some 40 metres from the body of the field and officially 15.5 lengths from the winning horse.

Mr Blair-Edie said he felt partially responsible, as he had instructed Mr Bohorun not to go out wide and away from the rail. He stated the horse GET RHYTHM is a powerful, brute of a horse and is a hard horse to ride. Last start Mr Bohorun rode him very well, and he had finished second. That was why he had put the respondent on the horse today. He further stated that because of the tight hold Mr Bohorun had on the horse, it was hanging out, which would have increased the respondent’s concerns that the horse wanted to race wider on the track.

Mr Walsh stated that Mr Bohorun should not have been riding GET RHYTHM, as the horse needed a senior rider. The horse was hanging in and out. He stated that Mr Bohorun appeared to be mindful of the other horses that had been slow away from the barrier.

Mr Walsh said that Mr Bohorun had “overcooked it”, but he did not affect any other runner. GET RHYTHM was “a devil of a horse to ride”, so he might have been better to give him rein. He further stated that Mr Bohorun had limited rides and when he did ride it was spasmodic, which did not help the respondent’s fitness or judgement.

Mr Bohorun stated that no other rider was at risk from his actions. He had been concerned as to the safety of the horses around him had he let GET RHYTHM go and had the horse shifted wider on the track.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Bohorun has admitted the charge, it is found proved.


sumissionsforpenalty:

Mr Davidson stated that Mr Bohorun has had limited opportunities in the deep south, particularly with the limited winter racing. The respondent has had 39 lifetime rides, 18 in his first season of riding and 21 to date this season. He stated that this was Mr Bohorun’s second offence under this rule in the last 12 months. He received a 4 week penalty on 11 June last. With this being his second offence there should be a significant uplift from the JCA starting point of 4 weeks. He further stated that the rights of the punter needed to be protected, with GET RYTHM being well supported. The integrity of the industry was an issue.

Mr Davidson recommended a starting point of 6 to 8 weeks. He suggested a programme with Mr Walsh be set to assist Mr Bohorun.

Mr Blair-Edie said that Mr Bohorun was on a small wage, and 50% of his income was from riding.

Mr Walsh stated that the breach was admitted, the horse was very difficult to ride, the jockey was inexperienced, and the respondent thought what he was doing was right at the time but had overcooked it.


reasonsforpenalty:

GET RHYTHM is a difficult horse to ride. This is accepted by the parties. Mr Bohorun had been instructed by the trainer not to let the horse race wide on the track. As Mr Blair-Edie has said, this instruction may have been taken too literally as GET RHYTHM got its head up when being severely restrained by Mr Bohorun through the early stages and lost considerable ground.

The starting point in the Penalty Guide is 4 weeks’ suspension. It has recently been reduced from 6 to 4 weeks. The reason for this reduction is not immediately obvious to us but it must be reflected in the starting point that we adopt.

The previous breach of this rule by the respondent is an aggravating feature but the previous 4 week suspension was imposed under the old starting point. The breach is at the high end of mid range. Effectively, the horse was never in the race, as it had no chance at the 1000 metres. An uplift is also required for the previous breach.

We take a starting point of 7 weeks. Penalties are now national days. This equates on this occasion to 39 days. Mitigating factors are the racing manners of the horse and that the respondent is inexperienced and has had little opportunity to improve his race riding skills since his previous breach. However, the converse of this is that the respondent has again breached this rule despite having only a small number of rides since his return to race riding. Further mitigating factors are his admission of the breach and his willingness to be assisted by the Apprentice Mentor. We are pleased to learn that Mr Walsh will be assisting Mr Bohorun, and that this instruction will commence tomorrow.


penalty:

These factors reduce the penalty to 30 national riding days. Mr Bohorun is suspended from the end of racing on 17 December up to and including 24 January 2018.


hearing_type: Hearing


Rules: 638(1)(e)


Informant: Mr M Davidson – Stipendiary Steward


JockeysandTrainer: Mr A Bohorun - Apprentice Jockey


Otherperson: Mr S Blair-Edie - Trainer of GET RHYTHM assisting Mr Bohorun, Mr D Walsh - Apprentice Jockey Mentor assisting Mr Bohorun, Mr L Tidmarsh - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7762d979109da710b9b014db3647f977


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e7659f7b38ad3412fd89908002354bc5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/12/2017


meet_title: Southland RC - 16 December 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: southland-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: VMUnro


meet_pm2: none


name: Southland RC