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Greymouth JC 5 January 2020 - R 8 - Chair, Mr S Ching

Created on 09 January 2020

Rules:
638(1)(d)
Committee:
SChing (chair)
DAnderson
Name(s):
Mr C Johnson - Licensed Class A Jockey
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr M Davidson - Stipendiary Steward
Information Number
A11863
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 8 an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Licensed jockey, Mr C Johnson, the rider of PLUSHENKO, in that he permitted his mount to shift outwards near the 200m, making contact with MOREIRA which was forced onto SHANPARK which was checked.

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

Mr Davidson gave evidence and used video coverage with the assistance of Chief Stipendiary Steward, Mr J Oatham, to show that approaching the 200m PLUSHENKO, ridden by Mr Johnson, was racing approximately 4 to 5 wide on the track, with both MOREIRA, ridden by Mr K Kwo, and SHANPARK, ridden by Miss D Hirini, racing to the outside of Mr Johnson. Mr Oatham demonstrated on the films, Mr Johnson shift out when looking for clear running and only ¾ of a length ahead, made contact with MOREIRA, who was forced out into the line of SHANPARK, who had to check.

Mr Johnson elected to make no submissions in regard to the incident.

Decision:

As Mr Johnson had admitted this breach of the Rules it was found to be proved.

Submission For Penalty:

Mr Davidson stated that the Stewards assessed the breach as low range. He said that Mr Johnson’s record showed 3 suspensions over the previous 12 months being 10 May at Ashburton (6 days), 12 September at Otago (7 days) and 1 December at Otago (7 days). Mr Davidson submitted that Mr Johnson’s record, due to the number of rides he has, could be considered as a neutral factor. He stated that the JCA Penalty Guide provided a starting point of a 6-national day suspension for a low-level breach of this Rule and submitted that credit should be given for his frank admission of the breach.

Deferment of penalty was discussed with Mr Johnson requesting a deferment until after racing on Saturday 11 January 2020.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point for a low-level breach of this Rule of a 6-national day suspension. We agreed with the Stewards that the breach was at a low level and therefore adopted the 6-national day starting point. There were no aggravating factors to consider, as we also considered Mr Johnson’s record as neutral, therefore no increase in penalty was warranted. Mitigating factors were Mr Johnson’s frank admission of the breach for which we able to afford Mr Johnson a discount, which we set at 1 day. The Committee therefore determined that a 5-national day suspension was an appropriate penalty in this case.
Mr Johnson’s application for a deferment of penalty until after racing 11 January was granted.

Penalty:

Accordingly, Mr Johnson’s Class A licence was suspended from the conclusion of racing on 11 January up to and including 17 January 2020.

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