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Banks Peninsula RC 3 November 2019 - R 9 - Chair, Mr D Anderson

Created on 07 November 2019

Rules:
638(1)(d)
Committee:
DAnderson (chair)
GHall
Name(s):
Mr L Callaway - Class A Jockey
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr D Wadley - Stipendiary Steward
Information Number
A11468
Plea:
Admitted
Charge:
Alleged breach of Rule 638(1)(d) - Careless riding
Evidence:

Following the running of Race 9 an Information was filed by Stipendiary Steward, Mr D Wadley, against Licenced Jockey Mr L Callaway in that he “permitted his mount KEEP THE CASH to shift inwards when not sufficiently clear of HEAD OFFICE which was checked near the 1150 metres”.

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 Callaway had indicated on the Information that the breach of the Rules was admitted and he confirmed this at the hearing. Mr Callaway stated he understood the charge and the Rule it was brought under.

Mr Wadley with the assistance of Mr Oatham used video coverage to show Mr Callaway who was racing wide and in mid-field shift inwards and into the racing line of HEAD OFFICE when he had only a bare length advantage over that horse. Mr Oatham pointed to the resulting check of HEAD OFFICE (Mr D Prastiyou).

Mr Callaway said he thought he was manoeuvring into a clear gap but had not seen Mr Prastiyou push up into it. He accepted it was an error in judgement.

Decision:

As Mr Callaway admitted the breach the charge was found proved.

Submission For Penalty:

Mr Wadley stated Mr Callaway had five previous breaches under the rule and related each of them to the Committee. He said the Stewards assessed this breach as low to mid-range.

Mr Callaway asked the Committee to consider the upcoming racing carnival as a factor in any suspension.

Reasons For Penalty:

The Committee assessed this breach as mid-range and adopted the JCA Penalty Guide starting point of an 8-day suspension for a mid-range breach of this rule.

Mr Callaway in mitigation deserves a discount for his admission but this is negated by the aggravating factor of Mr Callaway’s record which, given he is a busy rider, could at best be described as average.

With regard to the above the Committee considered an 8-day suspension is an appropriate penalty in this case.

Mr Callaway said a deferment was not required.

Penalty:

Mr Callaway is suspended for 8 riding days from the end of racing on 5 November 2019 to the close of racing on the 15 November 2019.

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