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Westland RC 12 January 2012 - R 2 (heard at Gore on 21 January 2012)



638(1)(d)

 

RACEDAY JUDICIAL COMMITTEE DECISION
Informant:
Mr M Davidson (Stipendiary Steward)
Defendant: Mr L Callaway Jockey (Lazzaroni)
Information No: A5865
Meeting: Westland Racing Club
Date: 12 January 2012
Venue: Hokitika
Race: 2
Rule No: 638(1)(d)
Judicial Committee: N D Skelt, Chairman - A G Dennis, Committee Member

Plea: Not Admitted
Also Present: Miss B Moore ,Apprentice Jockey (Aqualine)

 

Charges:
This hearing has been opened and adjourned at the Westland Racing Club Meeting held at Hokitika on the 12.01.12, then further adjourned from the Greymouth Meeting held on 14.01.12.

Stipendiary Steward Mr M Davidson stated that Jockey L Callaway (Lazzaroni) shifted out when not clear checking (Aqualine) B Moore, (Bacco) C Spittles and (Tommans) K Williams, all who had to be checked passing the 250 metres.

Mr Callaway did not admit the breach.

The rule reads:  No horseman shall ride carelessly

 

Facts:
Stipendiary Steward Mr M Davidson used the video film to present his evidence. He pointed out where in his belief the film showed Mr Callaway (Lazzaroni) shifting outwards under a strong ride and in doing so taking the running line of two others. This occurred not long after the field straightened on the home straight.

 

Submissions:

Mr Davidson once again used video film to show where Miss B Moore ,Apprentice Jockey (Aqualine) had to restrain her mount momentarily when Mr Callaway cut across in front of her, when not sufficiently clear.

Miss B Moore (after viewing the video film) gave evidence that her mount was receiving pressure from the inside and that Mr Callaway , in her opinion, was not clear and had taken her line causing her to restrain her mount (Aqualine).

When questioned Miss Moore stated that her mount had not contributed to the incident in any way, and that she had called out to Mr Callaway.

Mr Callaway stated that his riding goggles were broken and that his vision was impaired. He stated that when he first came to angle outwards before the alleged incident he was making ground up on Miss Moore and that after coming into the straight felt that he was just clear enough (barely one length) , to execute the movement.

Mr Callaway stated that he did notice Miss Moore take hold of her horse for one stride and admitted because of his lack of vision he had committed a small error of judgement.

Mr Callaway stated that he finished the race with his goggles down.

 

Reasons for Decision:
The Committee was satisfied a clear breach of the rule had occurred. Clearly Mr Callaway has allowed his mount to move outwards when not sufficiently clear, momentarily taking the line of Aqualine ridden by Miss Moore.

The video evidence was very conclusive along with Miss Moore’s verbal statement.

 

Decision:

We find the breach proved.

 

Submissions on Penalty:
Mr M Davidson stated that he believed that the breach was at the mid to lower end of the scale of carelessness.

Mr Davidson also stated that the weather conditions were not ideal, and he accepted Mr Callaway’s statement regarding his goggles and loss of vision for a brief time as mitigating factors.

Mr Davidson also stated that Mr Callaway had two previous breaches under this rule in the past twelve months namely October 12th at Winton for three riding days and December 28th at Timaru for three South Island riding days.

Mr Callaway stated that he had a confirmed riding commitment at the Wellington racing club meeting on Monday 23rd January 2012 and he also requested to the Committee that the exercise his right to invoke the seven day rule, to allow his to fulfil his up and coming engagements.

The Committee questioned the Stipendiary Stewards if Mr Callaway was in fact deemed as a National rider. They confirmed that in their opinion this was the case.

 

Reasons for Penalty:

The Committee was satisfied this breach was at the mid to  low range of carelessness, and in our opinion Mr Callaway simply had not take enough corrective action.  His remedial action was also too slow and clearly by the video evidence, he was not sufficiently clear of Mirss Moore's horse who was checked as a result.

 

Penalty:
Mr Callaway was suspended from the conclusion of racing on Saturday 28th January up to and including the conclusion of racing on Monday 6th February effectively four National riding days, these being Reefton Jockey Club at Christchurch on the 1.2.2011, Wanganui 2.2.2012, Otago 4.2.2012 and Tauherenikau 6.32.2012.

 

N D Skelt                 A G Dennis

Chairman                 Committee Member

 


 

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