Waikato RC 8 November 2014 – R 7 (heard 12 November 2014 at Riccarton)

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startdate: 08/11/2014

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hearing_title: Waikato RC 8 November 2014 - R 7 (heard 12 November 2014 at Riccarton)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: J Oatham, Stipendiary Steward

Defendant: D S Johnson, Licensed Jockey (Class A)

Information No: A6855

Meeting: Waikato Racing Club

Date: 8 November 2014 (heard 12 November 2014 at Riccarton)

Venue: Te Rapa Racecourse, Hamilton

Race: 7

Rule No: 638 (1) (d)

Judicial Committee: R G McKenzie, Chairman - S C Ching, Panelist

Plea: Admitted

FACTS:

Following the running of Race 7, Tempo Champagne Lawn 1200, an information was filed by Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Ms D S Johnson, alleging that Ms Johnson, as the rider of TOMORROWLAND in the race allowed her mount to shift in when not clear of A’LAROSE (J Oliver) which was checked.

The information was filed on the raceday. Ms Johnson indicated that she wished to defend the charge and to call Apprentice Jockey, Z W Moki, as a witness on her behalf. Miss Moki had left the racecourse and was therefore unavailable. As a consequence, the hearing of the information was adjourned. Ms Johnson subsequently advised the Stewards that she wished to admit the charge.

The charge was heard at the meeting of Canterbury Jockey Club at Riccarton Park, Christchurch, on Wednesday, 12 November 2014. Ms Johnson was present at the hearing of the information and she confirmed that she admitted the breach.

Rule 638 provides as follows:

(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless.

SUBMISSIONS:

Mr R L Neal, Co-Chief Stipendiary Steward, showed head-on and side on video replays of the incident approximately 400 metres after the start, as the field approached the bend out of the back straight. He pointed out Miss Johnson, riding TOMORROWLAND, racing 4-wide approaching the bend outside of A’LAROSE (J Oliver) which was racing 3-wide. Miss Johnson then shifted across to a 3-wide position and continued to ride forward before crossing in front of Mr Oliver, causing him to have to check his mount.

Mr Neal said that the Stewards were alleging that Mr Oliver lost 1½ to 2 lengths in the incident. Ms Johnson was no more than 1 length clear when she shifted across, he submitted.

In mitigation, Ms Johnson submitted that the inside runner, RICH BILLIE MARSH (Z W Moki), had contributed to the tightening by shifting outwards. Mr Neal submitted that any contribution from that runner was minimal.

DECISION:

Ms Johnson having admitted the breach, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Neal informed the Committee that Ms Johnson has had one suspension for careless riding in the last 12 months – on 5 July 2014 at Waikato (4 days). Since that suspension, Ms Johnson has had 325 rides, Mr Neal said, so her record was “excellent”. The interference on this occasion was in the low-to-mid range and was, simply, the result of an error of judgement by Ms Johnson, Mr Neal submitted.

Ms Johnson informed the Committee that she did not seek a deferment of any suspension. She further informed the Committee that she had foregone all of her rides at the Dargaville meeting on 14 November in anticipation of receiving a suspension and that she had no intention of riding at Invercargill on 20 November.

Mr Neal confirmed that the Stewards had no objection to the Dargaville meeting being included as one of the days of any term of suspension.

REASONS FOR PENALTY:

In determining penalty, the Committee took a starting point of a 5 days’ suspension as recommended in the Penalty Guide. The Committee could find no aggravating factors, so there was no need to increase that starting point.

Mitigating factors were, firstly, Ms Johnson’s very frank admission of the breach and, secondly, her record which the Committee accepted was excellent. The Committee agreed with Mr Neal’s assessment of the degree of seriousness as being in the low-to-mid range. Ms Johnson was entitled to a discount of 1 day for those mitigating factors.

PENALTY:

Miss Johnson’s jockey’s licence was suspended from the close of racing on 12 November 2014 up to and including 21 November 2014 – effectively, 4 riding days. The meetings intended to be encompassed by the period of suspension are Dargaville on 14 November 2014, Tauranga/Christchurch on 15 November, Woodville on 19 November and New Plymouth on 21 November.

R G McKenzie              S C Ching

CHAIR                         PANELIST

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hearing_type: Old Hearing

Rules: 638(1)(d)

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