Wairoa RC 22 February 2018 – R 4 – Chair, Mr T Utikere
ID: JCA16449
Code:
Thoroughbred
Meet Title:
Wairoa RC - 22 February 2018
Meet Chair:
TUtikere
Race Date:
2018/02/22
Race Number:
R4
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Johnson is fined $500.
Facts:
Prior to the running of Race 4 (Kenilworth Plumbing 1400) Information A7339 was filed with the Judicial Committee. It alleged a breach of Rule 330(3)(b) and alleged that the respondent “permitted himself to be engaged for both MANCINI and EXONERATE in Race 4”.
The Rule was read, and Mr Johnson confirmed that he admitted the breach.
Mr Johnson had been engaged to ride MANCINI and EXONERATE in Race 4 of the Wairoa Meeting. He had been engaged for MANCINI by his Agent Mr Tannahill, and for EXONERATE via a direct approach from Mr Rogerson to himself.
Mr Jones identified that there had been two dual engagements on Mr Johnson’s part, but that the Race 2 dual engagement had been able to be resolved without the need for judicial intervention. He also said that the earlier hearing which sought a ruling from the Judicial Committee over the riding engagement dispute in Race 4 had covered the context of this breach.
Submissions for Penalty:
In presenting Mr Johnson’s record, Mr Jones identified eight breaches of the rule since 2010, with the most recent breach on 2 December 2016 for which a $500 fine was imposed. He said that there was a clear pattern being established, which was of particular concern for one of New Zealand’s most busiest riders. Mr Jones said that Mr Johnson needed to manage his riding engagements more carefully. In response to a question from the Committee, Chief Stipendiary Steward Mr Oatham submitted that Mr Johnson had a very poor record as Rule 330(3)(b) was not a rule that was breached by riders often. He identified that most disputes are resolved early, and therefore they did not result in a charge being laid against the rider. In Mr Johnson’s case, Mr Oatham believed this was an on-going issue that he needed to clear up. He also advised that he had been reassured by Mr Johnson’s partner Miss Middlewood, who often also confirmed his engagements, that these communication issues had been sorted. The stipendiary stewards were seeking a fine similar to Mr Johnson’s most recent breach.
Mr Johnson was aware of the penalty being sought by the stipendiary stewards, but did not wish to make any submissions on penalty.
Reasons for Penalty:
The Committee considered all of the submissions placed before it, and is aware of the context of this breach, having considered a Request for a Ruling earlier in the day. The JCA Penalty Guidelines identify a $200 fine as the starting point for this offence. Mr Johnson’s admission of the breach has been considered, however whilst his record may appear clear for the previous 12 months, it is accepted that he is a recidivist offender of a rule that is not often breached. Mr Johnson’s dual engagement has also caused disruption to Mr Rogerson, the trainer of the horse which no longer could rely on Mr Johnson’s services in Race 4. In light of these aggravating factors, a significant uplift must be applied to act as a deterrent to Mr Johnson, alongside a reminder that he must sort out his processes to ensure that he is not engaged to ride more than one horse in a race.
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: b6748c33bbb42a88672ead5c61ddac65
informantnumber: A7339
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Dual Riding Engagements
plea: admitted
penaltyrequired: 1
decisiondate: 22/02/2018
hearing_title: Wairoa RC 22 February 2018 - R 4 - Chair, Mr T Utikere
charge:
facts:
Prior to the running of Race 4 (Kenilworth Plumbing 1400) Information A7339 was filed with the Judicial Committee. It alleged a breach of Rule 330(3)(b) and alleged that the respondent “permitted himself to be engaged for both MANCINI and EXONERATE in Race 4”.
The Rule was read, and Mr Johnson confirmed that he admitted the breach.
Mr Johnson had been engaged to ride MANCINI and EXONERATE in Race 4 of the Wairoa Meeting. He had been engaged for MANCINI by his Agent Mr Tannahill, and for EXONERATE via a direct approach from Mr Rogerson to himself.
Mr Jones identified that there had been two dual engagements on Mr Johnson’s part, but that the Race 2 dual engagement had been able to be resolved without the need for judicial intervention. He also said that the earlier hearing which sought a ruling from the Judicial Committee over the riding engagement dispute in Race 4 had covered the context of this breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
In presenting Mr Johnson’s record, Mr Jones identified eight breaches of the rule since 2010, with the most recent breach on 2 December 2016 for which a $500 fine was imposed. He said that there was a clear pattern being established, which was of particular concern for one of New Zealand’s most busiest riders. Mr Jones said that Mr Johnson needed to manage his riding engagements more carefully. In response to a question from the Committee, Chief Stipendiary Steward Mr Oatham submitted that Mr Johnson had a very poor record as Rule 330(3)(b) was not a rule that was breached by riders often. He identified that most disputes are resolved early, and therefore they did not result in a charge being laid against the rider. In Mr Johnson’s case, Mr Oatham believed this was an on-going issue that he needed to clear up. He also advised that he had been reassured by Mr Johnson’s partner Miss Middlewood, who often also confirmed his engagements, that these communication issues had been sorted. The stipendiary stewards were seeking a fine similar to Mr Johnson’s most recent breach.
Mr Johnson was aware of the penalty being sought by the stipendiary stewards, but did not wish to make any submissions on penalty.
reasonsforpenalty:
The Committee considered all of the submissions placed before it, and is aware of the context of this breach, having considered a Request for a Ruling earlier in the day. The JCA Penalty Guidelines identify a $200 fine as the starting point for this offence. Mr Johnson’s admission of the breach has been considered, however whilst his record may appear clear for the previous 12 months, it is accepted that he is a recidivist offender of a rule that is not often breached. Mr Johnson’s dual engagement has also caused disruption to Mr Rogerson, the trainer of the horse which no longer could rely on Mr Johnson’s services in Race 4. In light of these aggravating factors, a significant uplift must be applied to act as a deterrent to Mr Johnson, alongside a reminder that he must sort out his processes to ensure that he is not engaged to ride more than one horse in a race.
penalty:
Mr Johnson is fined $500.
hearing_type: Hearing
Rules: Rule 330(3)(b)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr C Johnson - Licensed Jockey
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a0059f7bb54585409ad2f6cb9b4d695a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9f9f33c4b530b3139131ac95762c7b06
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/02/2018
meet_title: Wairoa RC - 22 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairoa-rc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: none
meet_pm2: none
name: Wairoa RC