Archive Decision

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Taumarunui RC 5 July 2014 – R 7

ID: JCA14590

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Ms D Johnson - Rider of DUCATI

Other Person:
Mr W Robinson - Stipendiary Steward, Mr K Booth - Agent for Ms D Johnson

Information Number:
A6587

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taumarunui RC - 5 July 2014

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2014/07/05

Race Number:
R7

Decision:

As Ms Johnson admitted the breach we find the charge proved.

Penalty:

We grant Ms Johnson’s request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Ms Johnson which will commence after racing on 12 July and conclude after racing on 18 July 2014 (4 days).

Facts:

Following the running of race 7, BP 2 Go Taumarunui Premier, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Oatham, alleged that near the 1450 metres Ms Johnson allowed her mount DUCATI to shift in, when not clear of ISDABICKY (Mrs T Thornton), which was checked.

Ms Johnson acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Robinson identified on the video films that passing the 1450 metres Ms Johnson allowed her mount to roll in. He said in doing so Ms Johnson was a bare length clear and this resulted in ISDABICKY being checked.

Ms Johnson told the Committee that she looked around to see where Mrs Thornton was and as soon as the incident occurred she pulled her mount off. Ms Johnson believed ISDABICKY's manners did not help the situation.

Submissions for Penalty:

Mr Oatham produced Ms Johnson’s record which showed 4 previous breach under this Rule in the last 12 months. He said this would normally be a poor record but noted Ms Johnson had not breached this Rule since October 2013 which changed the situation to a degree. He said Ms Johnson did not show sufficient care when not the required distance clear of Mrs Thornton’s mount which received a sharp check. He said the carelessness was in the mid - range and submitted a 4 to 5 days suspension would be an appropriate penalty.

Ms Johnson after talking to her manager advised the Committee she had upcoming commitments at Ruakaka on 12 July and sought a deferment to any proposed suspension.

Ms Johnson and Mr Booth had nothing further to add.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating facts are Ms Johnson’s admission of the breach and we assess the level of carelessness closer to low than mid - range. We note that this is Ms Johnson’s 5th breach of this Rule in the last 12 months which is below average even for her number of rides. However, this is balanced by the fact that she has not incurred a suspension in the last 9 months.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.

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: 976b26f90f4c0cddafafa1cf1acf257e


informantnumber: A6587


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 03/07/2014


hearing_title: Taumarunui RC 5 July 2014 - R 7


charge:


facts:

Following the running of race 7, BP 2 Go Taumarunui Premier, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Oatham, alleged that near the 1450 metres Ms Johnson allowed her mount DUCATI to shift in, when not clear of ISDABICKY (Mrs T Thornton), which was checked.

Ms Johnson acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Robinson identified on the video films that passing the 1450 metres Ms Johnson allowed her mount to roll in. He said in doing so Ms Johnson was a bare length clear and this resulted in ISDABICKY being checked.

Ms Johnson told the Committee that she looked around to see where Mrs Thornton was and as soon as the incident occurred she pulled her mount off. Ms Johnson believed ISDABICKY's manners did not help the situation.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Johnson admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Ms Johnson’s record which showed 4 previous breach under this Rule in the last 12 months. He said this would normally be a poor record but noted Ms Johnson had not breached this Rule since October 2013 which changed the situation to a degree. He said Ms Johnson did not show sufficient care when not the required distance clear of Mrs Thornton’s mount which received a sharp check. He said the carelessness was in the mid - range and submitted a 4 to 5 days suspension would be an appropriate penalty.

Ms Johnson after talking to her manager advised the Committee she had upcoming commitments at Ruakaka on 12 July and sought a deferment to any proposed suspension.

Ms Johnson and Mr Booth had nothing further to add.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating facts are Ms Johnson’s admission of the breach and we assess the level of carelessness closer to low than mid - range. We note that this is Ms Johnson’s 5th breach of this Rule in the last 12 months which is below average even for her number of rides. However, this is balanced by the fact that she has not incurred a suspension in the last 9 months.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.


penalty:

We grant Ms Johnson’s request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Ms Johnson which will commence after racing on 12 July and conclude after racing on 18 July 2014 (4 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Ms D Johnson - Rider of DUCATI


Otherperson: Mr W Robinson - Stipendiary Steward, Mr K Booth - Agent for Ms D Johnson


PersonPresent:


Respondent:


StipendSteward:


raceid: bacc02091d62a95fd4089882d4d4e0c7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


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meetid: e898b275019f9af0fde21b57815d5bd8


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meetdate: 05/07/2014


meet_title: Taumarunui RC - 5 July 2014


meet_expappcomment:


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tracklocation: taumarunui-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Taumarunui RC