Canterbury JC - 8 May 2010 - R 2

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr C. J. George - Chief Stipendiary Steward 

Defendant:  Mr C. W. Johnson – Licensed Jockey

Information No:  261

Meeting:  Canterbury Jockey Club             

Date:  8 May 2010

Venue:  Riccarton Park          

Race:  2 – Avon City Ford Premier Three-Year-Old Gold Cup

Rule:  638(1)(d)

Judicial Committee:  J. M. Phelan, Chairman – K. G. Hales, Committee Member      

Plea:  Admitted

Charge

Following the running of Race 2, the Avon City Ford Premier Three-Year-Old Gold Cup an information was filed by Chief Stipendiary Steward Mr C. J. George against Licensed Jockey Mr C. W. Johnson under Rule 638(1)(d) alleging careless riding.

The information reads as follows.

“I the abovenamed informant allege that the abovenamed Defendant

committed a breach of Rule 638(1)(d) in that C. Johnson  the rider of Issues allowed his mount to shift inwards when not clear of “Miss Purrfection” (A. Mundy) hampering that runner in the home straight.”

Rule 638(1)(d) reads as follows.

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

(d) Careless….”

Mr Johnson had indicated on the Information that this breach of the Rules was admitted.  He also agreed that he understood the charge and the Rule it was brought under.

Facts:

There had previously been a protest hearing, the result of which was that the protest was dismissed.  The parties agreed that the evidence from that hearing would form the basis for this hearing. 

Decision:

As this breach was admitted it was deemed to be proved in accordance with Rule 915(1)(d).

Submissions on Penalty:

In relation to penalty Mr George said that Mr Johnson’s riding was careless “in the high end”.  Mr Johnson had three relevant convictions for careless riding since 23 October 2009, these being a suspension of 4 days at Wyndham on 23 October 2009, a suspension of 3 days at Greymouth on 16 January 2010, and a suspension of 4 days at Wellington on 17 April 2010.  Taking all these matters into account, and the fact that Mr Johnson rides nationally, Mr George submitted that a suspension in the range of 4 – 5 days inclusive of North Island meetings would be appropriate.

Mr Johnson advised that he did not seek to have the commencement of the suspension delayed, and also that he was available to ride at all race meetings in New Zealand.

We adjourned to consider the matter of penalty.

Reasons and Penalty:

After considering all the matters put forward at this hearing we were satisfied that a suspension in the range suggested by Mr George was appropriate.  We decided that a 4 day suspension would be insufficient, and that a 5 day suspension would be appropriate in this case.

On resuming this hearing we advised that a full written decision on penalty would be provided later, and we gave the following oral decision.

“We have considered the matter of an appropriate penalty and we are satisfied that the range of 4 - 5 days suggested by Mr George is a little on the light side, considering the significance of the check on “Miss Purrfection”.  We take in to account Mr Johnson’s admission of the breach, but also his three previous breaches since October 2009.

Mr Johnson says he is available for rides at all New Zealand meetings.  He will be suspended from after racing tomorrow the 9 May 2010 until after the completion of racing on 16 May 2010.  This suspension includes race meetings at Dargaville on 12 May 2010, Wanganui on 13 May 2010, Timaru on 14 May 2010, Taranaki on 15 May 2010, and Wairio on 16 May 2010, and this is potentially 5 riding days.”

J. M. Phelan                 K. G. Hales

CHAIR                         Committee Member

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