Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Winton JC 12 October 2011 – R4

ID: JCA15471

Applicant:
Mr M Davidson (Stipendiary Steward)

Respondent(s):
Mr L Callaway (Jockey Calla Queen), Mr S Muniandy (Jockey Vital Laydee)

Information Number:
A.5851

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Winton JC - 12 October 2011

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2011/10/12

Race Number:
Race 4

Decision:

Because Mr Callaway was not the required distance clear of Mr Muniandy when moving in we find the charge proved.

Penalty:

Accordingly we impose a suspension on Mr Callaway which will commence after racing on the 16th of October 2011 and conclude after racing on the 30th of October 2011- effectively two weeks.

Charge:

Careless Riding.

Facts:

Following the running of Race 4 an information was filed pursuant to rule 638(1)(d). The informant Mr Davidson alleged that shortly after the start Mr Callaway allowed his mount CALLA QUEEN to shift in when not sufficiently clear causing VITAL LAYDEE (S. Muniandy) to clip a heel, blunder and dislodge its rider.

Submissions for Decision:

Mr Davidson using video films explained to the Committee where Mr Callaway riding CALLA QUEEN allowed his horse to shift in wards when less than a length clear of VITAL LAYDEE causing that horse to clip the heels of CALLA QUEEN. VITAL LAYDEE stumbled and lost it's rider. Mr Davidson said that whilst CALLA QUEEN did not move inward very much it was Mr Callaway's responsibility to be steering the horse in a straight line and not driving him hard to obtain a better position.
 
Mr Callaway in his evidence stated that his horse stumbled out of the gate and he rode him forward to get the horse on its feet and hunted him up. Mr Callaway used the video and maintained that the inward movement was very marginal, that his horse had lost a little bit of balance but had shifted in only slightly. He also stated that the horse inside him had drifted outwards slightly, contributing to the incident. Mr Callaway felt that he was approximately one length clear and that there was sufficient room to move inwards.
 
 Mr Muniandy disagreed with this evidence stating that in his opinion Mr Callaway was only half a length in front and that his mount had been cut off by Mr Callaway. Mr Muniandy when questioned by the Committee stated that his horse had not contributed to the incident at all.
 
Mr Davidson in summing up said that when Mr Callaway crossed over he was not the required distance clear. He said that Mr Muniandy was entitled to his line and that Mr Callaway had placed Mr Muniandy in a bad position.

Reasons for Decision:

The Committee carefully considered all evidence and submissions as presented. After reviewing the video clips several times it was clear that Mr Callaway did shift in when not the required distance clear. We believe that Mr Callaways inward movement resulted in him

misjudging the distance between his mount and Mr Muniandy's causing that horse to stumble and lose its rider.

Submissions for Penalty:

Mr Davidson explained that Mr Callaway'sriding record was very good with no charges over the last twelve months. He submitted that it was a difficult case because the interference was at the lower end of the scale but that the consequences were relatively high as a rider had been dislodged. Mr Davidson repeated that the carelessness was at the lower end of the scale and suggested a suspension of four to five riding days and no longer than a two week period (South Island). Mr Davidson remarked that fortunately neither rider nor jockey were hurt.

Reasons for Penalty:

The Committee carefully considered all evidence and submissions as presented. Mr Callaway's good record, the slight outward movement of the inside horse, and the fact that Mr Callaway's horse moved inwards only marginally were all mitigating factors taken into consideration. Mr Davidson's repeated comments that the infringement was at the lower end of the scale was also compelling.

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: 97386ce01d5c40b799f31e6baa7ac8a2


informantnumber: A.5851


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 11/10/2011


hearing_title: Winton JC 12 October 2011 - R4


charge:

Careless Riding.


facts:

Following the running of Race 4 an information was filed pursuant to rule 638(1)(d). The informant Mr Davidson alleged that shortly after the start Mr Callaway allowed his mount CALLA QUEEN to shift in when not sufficiently clear causing VITAL LAYDEE (S. Muniandy) to clip a heel, blunder and dislodge its rider.

appealdecision:


isappeal:


submissionsfordecision:

Mr Davidson using video films explained to the Committee where Mr Callaway riding CALLA QUEEN allowed his horse to shift in wards when less than a length clear of VITAL LAYDEE causing that horse to clip the heels of CALLA QUEEN. VITAL LAYDEE stumbled and lost it's rider. Mr Davidson said that whilst CALLA QUEEN did not move inward very much it was Mr Callaway's responsibility to be steering the horse in a straight line and not driving him hard to obtain a better position.
 
Mr Callaway in his evidence stated that his horse stumbled out of the gate and he rode him forward to get the horse on its feet and hunted him up. Mr Callaway used the video and maintained that the inward movement was very marginal, that his horse had lost a little bit of balance but had shifted in only slightly. He also stated that the horse inside him had drifted outwards slightly, contributing to the incident. Mr Callaway felt that he was approximately one length clear and that there was sufficient room to move inwards.
 
 Mr Muniandy disagreed with this evidence stating that in his opinion Mr Callaway was only half a length in front and that his mount had been cut off by Mr Callaway. Mr Muniandy when questioned by the Committee stated that his horse had not contributed to the incident at all.
 
Mr Davidson in summing up said that when Mr Callaway crossed over he was not the required distance clear. He said that Mr Muniandy was entitled to his line and that Mr Callaway had placed Mr Muniandy in a bad position.

reasonsfordecision:

The Committee carefully considered all evidence and submissions as presented. After reviewing the video clips several times it was clear that Mr Callaway did shift in when not the required distance clear. We believe that Mr Callaways inward movement resulted in him

misjudging the distance between his mount and Mr Muniandy's causing that horse to stumble and lose its rider.


Decision:

Because Mr Callaway was not the required distance clear of Mr Muniandy when moving in we find the charge proved.

sumissionsforpenalty:

Mr Davidson explained that Mr Callaway'sriding record was very good with no charges over the last twelve months. He submitted that it was a difficult case because the interference was at the lower end of the scale but that the consequences were relatively high as a rider had been dislodged. Mr Davidson repeated that the carelessness was at the lower end of the scale and suggested a suspension of four to five riding days and no longer than a two week period (South Island). Mr Davidson remarked that fortunately neither rider nor jockey were hurt.

reasonsforpenalty:

The Committee carefully considered all evidence and submissions as presented. Mr Callaway's good record, the slight outward movement of the inside horse, and the fact that Mr Callaway's horse moved inwards only marginally were all mitigating factors taken into consideration. Mr Davidson's repeated comments that the infringement was at the lower end of the scale was also compelling.

penalty:

Accordingly we impose a suspension on Mr Callaway which will commence after racing on the 16th of October 2011 and conclude after racing on the 30th of October 2011- effectively two weeks.

hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson (Stipendiary Steward)


JockeysandTrainer: Mr L Callaway (Jockey Calla Queen), Mr S Muniandy (Jockey Vital Laydee)


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7a4a529ecb3e79b6836fe399babf2887


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: de1d7a545dac274eeb4bd9250fa8306b


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/10/2011


meet_title: Winton JC - 12 October 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "NSkelt", "Member": "", "OtherExpenses": "0", "KMs": "72", "Total": "44.64", "kmprice": 44.640000000000001, "Approved": "on"}]


meet_otherexp:


tracklocation: winton-jc


meet_racingtype: thoroughbred-racing


meet_chair: NSkelt


meet_pm1: ADennis


meet_pm2: none


name: Winton JC