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Appeal - Mr CW Johnson



1207.1.c

Having heard the submissions on behalf of both parties and having viewed the film we accept that the degree of carelessness was as found by the Judicial Committee who recorded the carelessness as being “at the high end of mid range.”

 



DECISION OF THE APPEALS TRIBUNAL

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Having heard the submissions on behalf of both parties and having viewed the film we accept that the degree of carelessness was as found by the Judicial Committee who recorded the carelessness as being “at the high end of mid range.”

 

We do not accept Mr Tannahill’s  argument that the penalty was fixed at “two weeks’ and should therefore end at the conclusion of racing on the 1st May thus enabling Mr Johnson to ride at the Premium meeting at Christchurch on the 3rd of May.

 

The decision records that the Judicial Committee stated;  We believe the matter can be dealt with by way of a fine and suspension and we intend to suspend you for a period of two weeks and you are suspended from the end of racing on the 18th of April up to and including the 3rd May.” Clearly the term of suspension is as spelt out by the inclusion of specific dates.

 

We cannot accept that Mr Johnson’s riding record can be taken as good.   The records show that he has been suspended for careless riding on five occasions this season. We appreciate that he has had some six hundred rides over that period, but the frequent breaches of careless riding cannot be overlooked.

 

It is the responsibility of all riders to keep in mind that the welfare of both horse and rider is paramount and if more severe penalties are needed to instil this into the minds of riders, then that may have to be the case.

 

  

This Tribunal has jurisdiction under Rule 1207 [1] [c], when hearing appeals against penalty, to impose any other penalty [ whether more or less severe] as it thinks necessary. However, we do not see any reason for us to interfere with the decision of the Committee as we are not satisfied that they were manifestly wrong in reaching the decision they did.

 

The appeal is dismissed.

 

The filing fee is forfeited and costs of $2,000.00 are awarded in favour of NZTR.

 

Dated this  23rd day of April 2008.

 

 

 

 NF Smith

Chairman

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