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Canterbury JC 26 February 2021 - R 6 - Chair, Mr S Ching

Created on 03 March 2021

Rules:
638(1)(d)
Committee:
SChing (chair)
Name(s):
S Toolooa-Class B Rider
K Hughes-Licensed Trainer
Mr J Oatham - Chief Stipendiary Steward
Informant
M Davidson
Stipendiary Steward
Information Number
A14060
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of Race 6, the Janet Francis Rating 65, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr S Toolooa, alleging careless riding in that he permitted his mount ISLAND HOP to shift inwards over the final 100m hampering and dictating CLOONEY inwards.

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 Toolooa had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Toolooa also confirmed that he understood the charge and the Rule it was brought under. Mr Toolooa was assisted at the hearing by Licensed Trainer, Mr K Hughes.

Mr Davidson gave evidence and used video coverage, with the assistance of Chief Stipendiary Steward, Mr J Oatham, to show that approaching the 100m, ISLAND HOP, ridden by Mr Toolooa, was racing towards the outside of the track with CLOONEY, ridden by Mr R Cuneen racing on its inside with both horses fighting out the finish. Mr Oatham pointed out Mr Toolooa, who was riding his mount out with vigour, begin a shift inwards and in doing so hampered and made firm contact with CLOONEY on several occasions. Mr Oatham estimated that Mr Toolooa shifted in approximately 4 to 5 horse widths in this incident. Mr Davidson said that Mr Toolooa’s actions had resulted in a protest with a relegation from 1st to 2nd for his mount.

Mr Toolooa and Mr Hughes elected not to make any submissions in respect to the incident.

Decision:

As Mr Toolooa had admitted the breach, the charge was found proved.

Submission For Penalty:

 Mr Davidson stated that Mr Toolooa’s record showed two previous breaches of this Rule over the prior 4 months being:

-18 October 2020 at Ashburton - 5 National days for a mid-range breach

-16 January 2021 at Otago - 3 National days plus $400 fine in a Listed Race

Mr Davidson stated that the breach was mid-range with consequences high and submitted that Mr Toolooa’s record be considered as a neutral factor. He submitted that a suspension and fine with consideration to the level of the breach and consequences of his carelessness be considered as penalty.

Mr Toolooa elected not to make any submissions on penalty apart from requesting a deferment of suspension until after racing at Dunedin on 6 March 2021 where he had a good ride in a feature race.

Reasons For Penalty:

The JCA Penalty Guide provides, for a mid-range breach of this rule, a 5-day suspension and a $500 fine. This Committee assessed this breach as mid-range with consequences high due to the relegation from 1st to 2nd of his mount. The Committee considered Mr Toolooa’s record of 2 previous breaches over the prior 4 months to be an aggravating factor, which warranted an uplift. This uplift the Committee sets at 1 day. The consequences of Mr Toolooa’s carelessness was another aggravating factor that warranted an uplift in penalty. This uplift is also set at 1 day. Mr Toolooa’s frank admission of the breach was a mitigating factor which warranted a discount of penalty. This discount was set at 1 day. The Committee therefore determined that a 6 National day suspension and $500 fine was appropriate.

Penalty:

Mr Toolooa’s application for a deferment until after racing at Dunedin on 6 March was granted.

Accordingly, Mr Toolooa’s Class B Jockey's licence is suspended from the conclusion of racing 6 March 2021 up to and including 17 March 2021. In addition, a fine of $500 was imposed.

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