Winton JC – 20 September 2006 – Race 1
ID: JCA22632
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Winton JC - 20 September 2006
Race Date:
2006/09/20
Race Number:
Race 1
Decision: --
Stipendiary Steward Mr S Ching alleged "that Jay Misbah (NOWS THE TIME) allowed his mount to shift inwards when not sufficiently clear of ANOTHER TAP (C Johnson)
--
DECISION AND REASON
--Stipendiary Steward Mr S Ching alleged "that Jay Misbah (NOWS THE TIME) allowed his mount to shift inwards when not sufficiently clear of ANOTHER TAP (C Johnson) near the 800 metre mark causing that horse to check."
--Video evidence was shown from front-on and side-on.
--Mr Johnson in evidence said, "My horse was tardy away but I still thought I was going to get a nice run when I was crowded from the outside and had to take hold." In answer to a question he confirmed the crowding had come from Mr Misbah. He confirmed that Mr Misbah's horse was only a length in total in front of his when he came across ? not the one length plus one length that is required under the rule. When asked if any calling out had occurred he said, "No ? there wasn?t time. I thought he had decided to settle three wide but he came over."
--Mr BJ Anderton (assisting Mr Misbah) claimed that Mr Misbah had already arrived in front of Mr Johnson and the interference was the result of a flow on effect of a horse further up moving over. He used video to stress his case.
--Decision:
--The Committee gave consideration to Mr Anderton's evidence, but felt that the incident occurred in two stages and they preferred the evidence given by Mr Johnson, and both Stipendiary Stewards, and which they felt was supported by the video evidence.
--The Committee felt that Mr Misbah was still coming across when he checked Mr Johnson's horse, and at that point was not one length, plus one length, clear as required under the rule and they therefore upheld the charge.
--Submissions as to penalty were heard and Mr Ching stressed as Mr Misbah is an apprentice, it is his first offence under this rule, and as some mitigation was due to the horse being a first starter that a short period of suspension was appropriate.
--Mr Anderton said, as he did not agree with the decision he had no advice on penalty to offer.
--The Committee suspended Mr Misbah's licence for two racedays, starting after racing on 23 September 2006, and ending after racing ceases on 6 October 2006.
--JL Eagles A Dennis
--Chairman Member
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: df23173207e4559c0c64f1fd1a45da63
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 20/09/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Winton JC - 20 September 2006 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Stipendiary Steward Mr S Ching alleged "that Jay Misbah (NOWS THE TIME) allowed his mount to shift inwards when not sufficiently clear of ANOTHER TAP (C Johnson)
--
DECISION AND REASON
--Stipendiary Steward Mr S Ching alleged "that Jay Misbah (NOWS THE TIME) allowed his mount to shift inwards when not sufficiently clear of ANOTHER TAP (C Johnson) near the 800 metre mark causing that horse to check."
--Video evidence was shown from front-on and side-on.
--Mr Johnson in evidence said, "My horse was tardy away but I still thought I was going to get a nice run when I was crowded from the outside and had to take hold." In answer to a question he confirmed the crowding had come from Mr Misbah. He confirmed that Mr Misbah's horse was only a length in total in front of his when he came across ? not the one length plus one length that is required under the rule. When asked if any calling out had occurred he said, "No ? there wasn?t time. I thought he had decided to settle three wide but he came over."
--Mr BJ Anderton (assisting Mr Misbah) claimed that Mr Misbah had already arrived in front of Mr Johnson and the interference was the result of a flow on effect of a horse further up moving over. He used video to stress his case.
--Decision:
--The Committee gave consideration to Mr Anderton's evidence, but felt that the incident occurred in two stages and they preferred the evidence given by Mr Johnson, and both Stipendiary Stewards, and which they felt was supported by the video evidence.
--The Committee felt that Mr Misbah was still coming across when he checked Mr Johnson's horse, and at that point was not one length, plus one length, clear as required under the rule and they therefore upheld the charge.
--Submissions as to penalty were heard and Mr Ching stressed as Mr Misbah is an apprentice, it is his first offence under this rule, and as some mitigation was due to the horse being a first starter that a short period of suspension was appropriate.
--Mr Anderton said, as he did not agree with the decision he had no advice on penalty to offer.
--The Committee suspended Mr Misbah's licence for two racedays, starting after racing on 23 September 2006, and ending after racing ceases on 6 October 2006.
--JL Eagles A Dennis
--Chairman Member
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3c0a1bff084316ebb547c550c966e0d2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 26c19fab5e17a0bc75cbe3ed8749c12e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/09/2006
meet_title: Winton JC - 20 September 2006
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-jc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Winton JC