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Canterbury JC 8 August 2018 - R 9 - Chair, Mr S Ching

Created on 10 August 2018

Rules:
638(1)(d)
Committee:
SChing (chair)
DAnderson
Name(s):
Mr J Lowry - Class A Rider
Mr D Wadley - Stipendiary Steward
Informant
Mr J McLaughlin - Stipendiary Steward
Information Number
A8182
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of Race 9, the Hoteliers Challenge Cup Maiden, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A Rider, Mr J Lowry, the rider of JIMMY VITAL, alleging careless riding in that he allowed his mount to shift outwards near the 450m when not sufficiently clear of ONE IN THE DITCH, which was forced outwards onto THE HUNTSMAN which struck a heel.

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

Mr McLaughlin with the assistance of Stipendiary Steward, Mr D Wadley, gave evidence and used video coverage to show that approaching the 450m, JIMMY VITAL, ridden by Mr Lowry, was racing in front and positioned approximately 2 off the rail with MISS CATHERINE, ridden by Mr G Jogoo, improving on his outer and LATASSO, ridden by Mr K Mudhoo on the outside of MISS CATHERINE. Mr McLaughlin showed on the video that at the 450m, Mr Lowry began to shift outwards away from the rail with Mr Jogoo, ¾ of a length back and Mr Mudhoo on Mr Jogoo’s outer. He said that Mr Lowry shifted outwards and dictated Mr Jogoo out onto Mr Mudhoo who ran out of his rightful running and had to check. Mr McLaughlin said that Mr Lowry had shifted out at least 2 horse widths in this incident and forced Mr Jogoo out causing Mr Mudhoo to check.

Mr Lowry stated that JIMMY VITAL is not the easiest of rides. He said he led up during the event and at the 700m began to tire, starting to bore out a bit at that point. Mr Lowry stated that the breach was low range with minimal movement by himself. He stated the most relevant movement outwards from JIMMY VITAL was when he asked the question and put pressure on the horse. Mr Lowry also said that MAHANA, ridden by Mr C Johnson, was on the outside of the pack and riding tightly as Mr Johnson does, which he believed contributed to the incident.

Decision:

As Mr Lowry admitted that breach the charge was found proved.

Submission For Penalty:

Mr McLaughlin stated that Mr Lowry’s penalty record over the previous 12 months showed a 2-day suspension under the old Penalty Guide on 1 September 2017, a 6 National day suspension on 25 January 2018 and a 7 National day suspension on 31 March 2018. Mr McLaughlin stated that the breach was low level and that credit should be given for Mr Lowry’s admission of the breach. He stated that the JCA Penalty Guide starting point for a low-level breach of this rule is a 6 National Day suspension. Mr McLaughlin submitted that a suspension with a starting point of 6 days be considered as penalty in this case.

Mr Lowry stated that he did not believe there was a lot of movement from himself and that the breach was low range.

The matter of deferment was not discussed with Mr Lowry as there were no relevant meeting in the next 7 days.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 6 National day suspension for a low -range breach of this rule. We agree with Mr McLaughlin that this is a low range breach and therefore have adopted a 6 National day starting point. The only aggravating factor is Mr Lowry’s record which shows 3 suspensions within the previous 12 months, the last being in March, which we determined warrants an uplift. This uplift we set at 1 day.

We are however able to afford Mr Lowry a discount for his frank admission of the breach. This discount we set at 1 day. We therefore determined that a 6-day suspension is an appropriate penalty in this case.

Penalty:

Accordingly, Mr Lowry’s Class A Jockeys licence is suspended from the conclusion of racing Saturday 11 August up to and including 24 August 2018.

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