Southland RC 31 March 2019 – R 8 – Chair, Prof G Hall
ID: JCA17159
Code:
Thoroughbred
Meet Title:
Southland RC - 31 March 2019
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2019/03/31
Race Number:
R 8
Decision:
As Mr Callaway has admitted the breach, it is found to be proved.
Penalty:
Mr Callaway’s licence is suspended for 5 National days. This is from the end of racing on 3 April up to and including 10 April 2019.
Facts:
Mr Davidson alleged that Mr Callaway (FINBARR) in race 8, the ASCOT SPORTS BAR HANDICAP 1200 metres, permitted his mount to shift inwards passing the 75 metres when not clear resulting in FRIAR TUCK (K Chowdhoory) being checked.
Mr McLaughlin, Stipendiary Steward, demonstrated on the films that prior to the incident Mr Callaway was racing 4 wide using the stick and his horse was laying in. After putting the stick away and straightening his mount, Mr Callaway drew his stick again and shifted into the line of Mr Chowdhoory, who had to take hold of his mount. Mr Callaway was a bare length clear and continued to use the stick despite the fact his horse was shifting ground.
Mr Callaway accepted he was not clear of Mr Chowdhoory and said he had not realised he was shifting in until it was too late. He demonstrated there were only 2 strikes with the whip before he stopped using it, and he had endeavoured to pull his mount off Mr Chowdhoory’s line. He said earlier there had been yelling and he had straightened his horse. On the second occasion he believed he had to try his horse to the line otherwise he was at risk of being charged with failing to ride his horse out.
Mr Callaway said he had done what he could after he realised in was shifting in and emphasised that FINBARR was a big horse with a mind of his own. He was not easy to ride. He believed Mr Chowdhoory may have over-reacted and was of the opinion that Mr Chowdhoory was “not
going anywhere” at the time of the breach.
Mr Davidson responded that Mr Chowdhoory was entitled to his line and had had to grab his horse late in the race and had lost momentum. Mr Chowdhoory had told the Stewards he was still participating in the race at the time and should have finished closer.
Submissions for Penalty:
Mr Davidson produced the respondent’s record which showed 3 breaches: on 25 May last when Mr Callaway was suspended for 4 days; on 2 December — 7 days; and on 28 December — 10 days. He described this as “not a bad record” considering Mr Callaway was a senior rider who rode frequently in the South Island. He said the breach was low range and Mr Callaway had been slightly unlucky as his mount was shifting in and he had attempted to straighten. He had only hit the horse twice but that was enough to take Mr Chowdhoory’s line.
Mr Davidson stated that he believed a suspension around the 5-day mark was appropriate.
Mr Callaway said he agreed with Mr Davidson’s assessment of the breach and requested a deferment until after Timaru on 3 April. Riders, however, have been declared for that meeting.
Reasons for Penalty:
We believe that the breach is low-range. Mr Callaway’s carelessness was in his continuing to use the whip when his horse was shifting into the running line of Mr Chowdhoory. To his credit he attempted to straighten FINBARR once he was aware of the fact he had shifted inwards.
The starting point is 6 national days. Mr Callaway’s record is such that we regard it as a neutral factor. His last breach is at the end of last year. He is quite a busy South Island rider. A day’s credit is appropriate for his 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: d423cbeb821a7783af98af0e828a9b91
informantnumber: A9079
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 02/04/2019
hearing_title: Southland RC 31 March 2019 - R 8 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that Mr Callaway (FINBARR) in race 8, the ASCOT SPORTS BAR HANDICAP 1200 metres, permitted his mount to shift inwards passing the 75 metres when not clear resulting in FRIAR TUCK (K Chowdhoory) being checked.
Mr McLaughlin, Stipendiary Steward, demonstrated on the films that prior to the incident Mr Callaway was racing 4 wide using the stick and his horse was laying in. After putting the stick away and straightening his mount, Mr Callaway drew his stick again and shifted into the line of Mr Chowdhoory, who had to take hold of his mount. Mr Callaway was a bare length clear and continued to use the stick despite the fact his horse was shifting ground.
Mr Callaway accepted he was not clear of Mr Chowdhoory and said he had not realised he was shifting in until it was too late. He demonstrated there were only 2 strikes with the whip before he stopped using it, and he had endeavoured to pull his mount off Mr Chowdhoory’s line. He said earlier there had been yelling and he had straightened his horse. On the second occasion he believed he had to try his horse to the line otherwise he was at risk of being charged with failing to ride his horse out.
Mr Callaway said he had done what he could after he realised in was shifting in and emphasised that FINBARR was a big horse with a mind of his own. He was not easy to ride. He believed Mr Chowdhoory may have over-reacted and was of the opinion that Mr Chowdhoory was “not
going anywhere” at the time of the breach.
Mr Davidson responded that Mr Chowdhoory was entitled to his line and had had to grab his horse late in the race and had lost momentum. Mr Chowdhoory had told the Stewards he was still participating in the race at the time and should have finished closer.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Callaway has admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Davidson produced the respondent’s record which showed 3 breaches: on 25 May last when Mr Callaway was suspended for 4 days; on 2 December — 7 days; and on 28 December — 10 days. He described this as “not a bad record” considering Mr Callaway was a senior rider who rode frequently in the South Island. He said the breach was low range and Mr Callaway had been slightly unlucky as his mount was shifting in and he had attempted to straighten. He had only hit the horse twice but that was enough to take Mr Chowdhoory’s line.
Mr Davidson stated that he believed a suspension around the 5-day mark was appropriate.
Mr Callaway said he agreed with Mr Davidson’s assessment of the breach and requested a deferment until after Timaru on 3 April. Riders, however, have been declared for that meeting.
reasonsforpenalty:
We believe that the breach is low-range. Mr Callaway’s carelessness was in his continuing to use the whip when his horse was shifting into the running line of Mr Chowdhoory. To his credit he attempted to straighten FINBARR once he was aware of the fact he had shifted inwards.
The starting point is 6 national days. Mr Callaway’s record is such that we regard it as a neutral factor. His last breach is at the end of last year. He is quite a busy South Island rider. A day’s credit is appropriate for his admission of the breach.
penalty:
Mr Callaway’s licence is suspended for 5 National days. This is from the end of racing on 3 April up to and including 10 April 2019.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr L Callaway - Class A Jockey
Otherperson: Mr J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 519e84048ebc7ae7368800b962e91ed2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4587b628bf5d772a58ad58ffce99d382
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/03/2019
meet_title: Southland RC - 31 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: southland-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Southland RC