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Canterbury R 3 October 2020 - R 4 - Chair, Mr S Ching

Created on 06 October 2020

Rules:
638(1)(d)
Committee:
SChing (chair)
RMcKenzie
Name(s):
L Callaway-Class A Rider
Mr N McIntyre - General Manager of Stewards
Informant
M Davidson
Stipendiary Steward
Information Number
A11890
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of Race 4, the Ray Sharp Memorial Rating 65, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr L Callaway, alleging careless riding in that he permitted his mount QUALITY PREVAILS to shift inwards forcing MAJOR ISH CHOUX onto BELINDABELLA which clipped a heel of STELLA DAZE, near the 1250m.

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 this breach of the Rules was admitted, which he confirmed at the hearing. Mr Callaway also agreed that he understood the charge and the Rule it was brought under.

Mr Davidson, with the assistance of Manager of Stewards, Mr N McIntyre, gave evidence and used video coverage to show that nearing the 1250m, QUALITY PREVAILS, ridden by Mr Callaway, was racing approximately 4-5 wide on the track with MAJOR ISH CHOUX, ridden by Mr K Asano, racing 3 wide and inside Mr Callaway, with BELINDABELLA, ridden by Mr K Mudhoo, on that horses inside. He pointed out Mr Callaway, who shifted in and forced MAJOR ISH CHOUX onto BELINDABELLA who was in turn forced inwards and onto the heels of STELLA DAZE. The result of that movement, Mr McIntyre stated, was that BELINDABELLA clipped a heel of STELLA DAZE. He stated that Mr Callaway was only a bare length in front of MAJOR ISH CHOUX when shifting into that horse’s rightful line.

Mr Callaway agreed that he had made a misjudgement.

Decision:

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

Submission For Penalty:

Mr Davidson stated that Mr Callaway’s record showed 2 previous breaches of this rule being Banks Peninsula on 3 November 2019 where he received an 8 National Day suspension and 29 February 2020 at Otago where he received a 7 Day suspension for a mid-range breach. Mr Davidson stated that it had been 7 months since Mr Callaway’s last breach and submitted that his record could be considered as good. He stated that the breach was low to mid-range and submitted that a starting point of 7 days be considered in this case.

Mr Callaway requested a deferment until after racing on 9 October at Timaru where he had riding commitments.

Reasons For Penalty:

The JCA Penalty Guide provides, for a low to mid-range breach of this rule, a 7 National day suspension. The Committee also assessed this breach as low to mid-range. We considered there were no aggravating factors to consider, therefore no uplift in penalty warranted. We also acknowledged Mr Callaway’s record as relatively good and considered his admission of the breach, as mitigating factors. For these factors, a combined discount is afforded, which we set at 1 day. We therefore determined that a 6 National day suspension was appropriate.

Penalty:

Mr Callaway’s application for a deferment until after racing on 9 October is granted. Accordingly, Mr Callaway’s Class A Jockeys licence is suspended from the conclusion of racing 9 October up to and including 21 October 2020.

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