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Counties RC 24 November 2012 - R 6

Created on 27 November 2012

Rules:
638(1)(d)
Committee:
ADooley (chair)
RSeabrook
Name(s):
Miss D Johnson - Licensed Rider
Mr A Coles - Stipendiary Steward
Informant
Mr J Oatham - Stipendiary Steward
Information Number
A4867
Plea:
Admitted
Charge:

Following race 6, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham, alleged that near the 400 metres Miss Johnson riding NO EXCUSE MAGGIE angled her mount in when not clear of ASPINAL ( L Innes) which lost its rightful line of running.

Evidence:

Mr Coles demonstrated the incident by using all the available films. He pointed out to the committee that near the 400 metres NO EXCUSE MAGGIE was racing in a 3 off position with ASPINAL racing directly to her inside. He said Miss Johnson erred in moving across 1 and a half horse widths when not sufficiently clear. This resulted in ASPINAL losing its rightful line of running.

Miss Johnson believed there was minimal movement from the inside which had contributed to the incident. She conceded that she moved inwards but thought a warning was more appropriate than a charge.

Decision:

As Miss Johnson admitted the breach we find the charge proved.

Submission For Penalty:

Mr Oatham produced Miss Johnson's record which showed 4 previous breaches under this rule in the last 12 months. He submitted Miss Johnson should be given credit for her admission of the breach and because the stewards assess the level of carelessness as bottom end. He submitted that the stewards accept competitive riding but Miss Johnson had gone beyond that with ASPINAL losing its line of running. He submitted a suspension at the low end was appropriate even taking into account it was a Group 2 race worth $100,000.

Miss Johnson submitted that she rode all over the country and had firm commitments up to and including 1 December and was seeking a deferment to her proposed suspension.

In response to a question from the committee as to her intentions to ride at Cromwell on 2 December, Miss Johnson advised us that she was going to ride horses for Mr Clotworthy at Cromwell.

The committee requested the stewards to contact Mr Clotworthy to verify Miss Johnson's submissions. Mr Williamson, Stipendiary Steward, informed the committee that Mr Clotworthy confirmed to him that Miss Johnson was offered the ride on GOOGLE ME a member of his team at Cromwell.

Mr Oatham, when asked, confirmed that Miss Johnson does ride all over the country.

Reasons For Penalty:

The committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Miss Johnson's admission of the breach and the level of carelessness which we assess as low range. The interference ASPINAL received we believe was minor. The aggravating factors are Miss Johnson's record which can only be described as fair and the fact the incident occurred in a Group 2 race worth $100,000.

The committee accepts that Miss Johnson has a history of riding all over the country.

Penalty:

We grant Miss Johnson's request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Miss Johnson which will commence after racing on 1 December and conclude after racing on 7 December, 2012 (5 days).

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