Canterbury Racing - 26 June 2010 - R 6

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  M Davidson Stipendiary Steward

Defendant:  CW Johnson

Information No:  5625

Meeting:  Canterbury Racing (Amberley)

Date:  26 June 2010

Venue:  Riccarton Park

Race:  6

Rule No:  638 (1)(d)

Judicial Committee:  KG Hales, Chairman - P Rosanowski, Committee Member

Plea:  Admitted

FACTS: 

As a result of an incident in Race 6, Licensed Jockey CW Johnson, was charged with a breach of Rule 638 (1)(d).

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

“A rider shall not ride a horse in a manner which the Judicial Committee considers to be ……(d) careless.”

It was alleged that when passing the 550 metre mark, Mr Johnson on “Romany”, shifted out when not the required distance clear of “Kimberley Boy” ridden by A Denby, who had to check sharply, losing ground. 

Mr Johnson admitted the charge, which is therefore deemed to have been proved. 

Stipendiary Steward Mr AR Coles demonstrated the incident to the hearing using the video coverage of the incident.  He showed how Ms Denby on “Kimberley Boy” began to improve into a gap on the outside of Mr Johnson’s mount, where there was sufficient room for her to improve.  Just as Ms Denby’s mount got on to the hind quarters of Mr Johnson’s mount, Mr Johnson shifted outwards and as a consequence, caused a sharp check to Ms Denby’s mount, which lost ground as a consequence.

In response, Mr Johnson agreed that his mount may have moved out, and that perhaps Ms Denby was closer to him than he thought.  Mr Johnson was of the view that there was enough room for Ms Denby to get through, had she kept “pushing” and that she would have got through, if she was “going good enough”. 

SUBMISSIONS ON PENALTY:

Mr Davidson, Stipendiary Steward, drew to our attention that Mr Johnson has received four suspensions this year.  He received a three day suspension at Greymouth in January 2010, a four day suspension at Wellington during April, a five day suspension at Riccarton during May and at Timaru as recently as Sunday 20 June, when this Judicial Committee imposed a four day suspension.

The most recent suspension did not come into effect until Sunday 27 June, and expires on Sunday 4 July.

Mr Davidson was of the view that the degree of carelessness was in the medium to high range, and he believed that a suspension of six to seven days should be imposed, particularly as Mr Johnson had appeared on a similar charge as recently as Sunday 20 June. 

In reply, Mr Johnson acknowledged that any interference is not good.  Other than that, Mr Johnson had no further submissions on the question of penalty. 

PENALTY DECISION

We delivered the following oral decision on Race Day:

“We have carefully considered the video evidence and the submissions of Mr Davidson and Mr Johnson with regard to penalty. 

With regard to the incident we note that Mr Johnson’s movement did cause quite a severe check to Ms Denby’s mount.  Mr Johnson submitted that he was of the view that Ms Denby could have continued to improve into the gap, if her mount was good enough.  We regard that submission with some scepticism, as Mr Johnson, by virtue of his outward movement, deprived Ms Denby of racing room.  Therefore, we agree with Mr Davidson that the degree of carelessness was medium to high.  Mr Davidson submitted that having regard to the degree of carelessness and the fact that Mr Johnson received a four-day suspension as recently as Sunday 20 June, that a period of suspension of six to seven days was called for. 

REASONS FOR DECISION

Mr Johnson admitted the charge at an early stage.  We are grateful to Mr Johnson for that, and for his frank admissions in the hearing.  However, the aggravating features are, that the check to Ms Denby’s mount was quite severe, and Mr Johnson’s record.

Taking all matters into account, we set the suspension at six days.  That period of suspension will commence at the conclusion of racing on Sunday 4 July (being the conclusion of Mr Johnson’s current term of suspension) and will finish at the conclusion of racing on Thursday 15 July.  We accept that Mr Johnson rides on a national basis.  The period of suspension encompasses meetings at Te Rapa, Rotorua, Marton, Ashburton, Pukekohe and Waverley.”

K Hales                        P Rosanowski

Chairman                     Committee Member

5625