Waikato RC 14 October 2013 – R 2
ID: JCA12756
Code:
Thoroughbred
Meet Title:
Waikato RC - 14 October 2013
Meet Chair:
ADooley
Race Date:
2013/10/14
Race Number:
Race 2
Decision:
As Ms Johnson admitted the breach I find the charge proved.
Penalty:
I note that Ms Johnson was suspended at Matamata on 12 October and this penalty concludes on 25 October.
Accordingly, I impose a suspension on Ms Johnson which will commence after racing on 25 October and conclude after racing on 2 November 2013 (5 days).
Charge:
Following race 2, Rotary Club of Paeroa, an information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles, alleged that Ms D Johnson permitted her mount MEZZALUNA to shift inwards when not sufficiently clear of SPEEDSKI which was checked near the 1200 metres.
Ms Johnson acknowledged that she understood the nature of the charge and the Rule.
Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Facts:
Mr Oatham identified on the head on film that Ms Johnson permitted her mount to shift in at the 1200 metre mark when just over 1 length clear of SPEEDSKI. He said Ms Johnson misjudged the distance when shifting in which resulted in Mrs Thornton having to check her mount to avoid MEZZALUNA'S heels.
Ms Johnson admitted that she misjudged the distance when shifting in which resulted in a check to SPEEDSKI.
Submissions for Penalty:
Mr Coles produced Ms Johnson's record which showed 6 previous breaches under this Rule in the last 12 months as follows:
24/11/2012 - Counties (5 days)
8/12/2012 - Ellerslie (5 days)
16/2/2013 - Taranaki (6 days)
3/8/2013 - Canterbury (6 days)
21/8/2013 - Waipa (4 days, $600 fine)
11/10/2013 - Matamata (6 days)
Mr Coles described Ms Johnson’s record as “not great” but said that she should be given credit for her early admission of the breach and the level of carelessness was at the low end. He submitted a suspension at the low end would be appropriate for this breach.
Ms Johnson confirmed that she was suspended at Matamata on 12 October 2013.
Ms Johnson asked if she was entitled to seek a deferment for today's suspension.
Ms Johnson submitted if she was unable to be granted a deferment then she requested I consider a fine and suspension because of the premier races she may miss during this suspension.
Ms Johnson acknowledged that she had no intention of riding at Invercargill on November 1. Accordingly, this date is not included in Ms Johnson’s penalty.
Reasons for Penalty:
I carefully considered all the evidence and submissions presented. I have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Ms Johnson's admission of the breach and I assessed the level of carelessness was at the low end. The aggravating fact is Ms Johnson's very poor record under this Rule in the last 12 months.
I explained to Ms Johnson the deferment Rule 1106(2) states: during the next seven day period after that Race day. Therefore, Ms Johnson is not entitled to a deferment as she has to complete her suspension that was imposed on October 12 and concludes on 25 October.
In regard to Ms Johnson's submission as to a fine and suspension, I informed her that this was not appropriate because of her very poor record under this Rule and the circumstances around this case.
After taking into account all the above, which included the mitigating factors I consider an appropriate penalty is a 5 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: 5471cea64a3a31c0c11b040ea9832656
informantnumber: A2784
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/10/2013
hearing_title: Waikato RC 14 October 2013 - R 2
charge:
Following race 2, Rotary Club of Paeroa, an information was filed pursuant to Rule 638(1)(d). The Informant, Mr Coles, alleged that Ms D Johnson permitted her mount MEZZALUNA to shift inwards when not sufficiently clear of SPEEDSKI which was checked near the 1200 metres.
Ms Johnson acknowledged that she understood the nature of the charge and the Rule.
Rule 638(1)(d) provides : A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
facts:
Mr Oatham identified on the head on film that Ms Johnson permitted her mount to shift in at the 1200 metre mark when just over 1 length clear of SPEEDSKI. He said Ms Johnson misjudged the distance when shifting in which resulted in Mrs Thornton having to check her mount to avoid MEZZALUNA'S heels.
Ms Johnson admitted that she misjudged the distance when shifting in which resulted in a check to SPEEDSKI.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Johnson admitted the breach I find the charge proved.
sumissionsforpenalty:
Mr Coles produced Ms Johnson's record which showed 6 previous breaches under this Rule in the last 12 months as follows:
24/11/2012 - Counties (5 days)
8/12/2012 - Ellerslie (5 days)
16/2/2013 - Taranaki (6 days)
3/8/2013 - Canterbury (6 days)
21/8/2013 - Waipa (4 days, $600 fine)
11/10/2013 - Matamata (6 days)
Mr Coles described Ms Johnson’s record as “not great” but said that she should be given credit for her early admission of the breach and the level of carelessness was at the low end. He submitted a suspension at the low end would be appropriate for this breach.
Ms Johnson confirmed that she was suspended at Matamata on 12 October 2013.
Ms Johnson asked if she was entitled to seek a deferment for today's suspension.
Ms Johnson submitted if she was unable to be granted a deferment then she requested I consider a fine and suspension because of the premier races she may miss during this suspension.
Ms Johnson acknowledged that she had no intention of riding at Invercargill on November 1. Accordingly, this date is not included in Ms Johnson’s penalty.
reasonsforpenalty:
I carefully considered all the evidence and submissions presented. I have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Ms Johnson's admission of the breach and I assessed the level of carelessness was at the low end. The aggravating fact is Ms Johnson's very poor record under this Rule in the last 12 months.
I explained to Ms Johnson the deferment Rule 1106(2) states: during the next seven day period after that Race day. Therefore, Ms Johnson is not entitled to a deferment as she has to complete her suspension that was imposed on October 12 and concludes on 25 October.
In regard to Ms Johnson's submission as to a fine and suspension, I informed her that this was not appropriate because of her very poor record under this Rule and the circumstances around this case.
After taking into account all the above, which included the mitigating factors I consider an appropriate penalty is a 5 day suspension.
penalty:
I note that Ms Johnson was suspended at Matamata on 12 October and this penalty concludes on 25 October.
Accordingly, I impose a suspension on Ms Johnson which will commence after racing on 25 October and conclude after racing on 2 November 2013 (5 days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Ms D Johnson - Licensed Rider of MEZZALUNA
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 981b03a15f320a34893b1e48fe1cc5f2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 47eaad3935b87e1a06780b78f8c7575c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/10/2013
meet_title: Waikato RC - 14 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Waikato RC