Canterbury JC 2 October 2021 – R1 – Lee Callaway

ID: RIB5015

Respondent(s):
Lee Callaway - Jockey

Applicant:
Mark Davidson, Stipendiary Steward

Adjudicators:
Russell McKenzie

Persons Present:
Veronica Algar - Stipendiary Steward, Rohan Mudhoo - Class B Jockey, David Walsh - Apprentice Jockey mentor

Information Number:
A16567

Decision Type:
Adjudicative Decision

Charge:
Careless Riding

Rule(s):
638 (1) (d)

Plea:
Not Admitted

Animal Name:
On My Shoulders

Code:
Thoroughbred

Race Date:
02/10/2021

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R1

Hearing Date:
02/10/2021

Hearing Location:
Riccarton Park, Christchurch

Outcome: Proved

Penalty: Jockey Lee Callaway suspended for 5 days

SUMMARY OF FACTS:

Mr Callaway was charged after Race 1, Riccarton Park Function Centre Maiden, that as the Rider of ON MY SHOULDERS in the race, he rode carelessly in allowing his mount to shift in when insufficiently clear of SASHA (Rohan Mudhoo) which was crowded and checked and passing the 1000 metres.

EVIDENCE:

Mr Davidson had Stipendiary Steward, Veronica Algar, show video replays of the incident approximately 400 metres after the start of the 1400 metre race. She pointed out ON MY SHOULDERS, ridden by Mr Callaway, racing in a 4-wide position outside of SASHA, ridden by Rohan Mudhoo, and riding his mount forward. She then showed that Mr Callaway allowed his mount to shift in when not clear of SASHA, crowding and checking that runner, which lost ground.

Mr Mudhoo, assisted by Apprentice Jockey Mentor, David Walsh, was called to give evidence. He said, at the 1000 metres, he received pressure from Mr Callaway to his outside. He was put in an awkward situation and was forced to restrain his mount and check to avoid the heels of Mr Callaway’s mount.

Mr Callaway asked Mr Mudhoo if he, Mr Callaway, had got directly in front of him. Mr Mudhoo stated that he had not, but he had to restrain in anticipation of getting into difficulty. Mr Callaway was only 3/4 to a length ahead of him, he said.

Mr Walsh said it was obvious that Mr Mudhoo had to take a hold to avoid interference and he was entitled to be where he was and should not have had to take a hold to avoid another horse’s heels, if the latter had stayed out in the 4-wide line.

Mr Callaway said that he had been 4-wide. With reference to the video replay, he said that he pushed forward and conceded that he was not clear, but did not actually cross Mr Mudhoo, he said. Rounding the turn, his horse “stepped in a fraction” and he took a hold of it but remained in the 4-wide line, he said. He pointed out that Mr Mudhoo had said that he was not completely crossed. He had “leaned on” Mr Mudhoo but, at all times, tried to maintain a straight line, he said. Mr Mudhoo’s mount racing unkindly made the incident look a little bit worse, he submitted.

In closing, Mr Davidson said that there was only one reason that Mr Mudhoo had to check his mount and that was to avoid the heels of Mr Callaway’s mount. He checked Mr Mudhoo without completely crossing him. Mr Callaway did get in front eventually, because Mr Mudhoo has had to check, Mr Davidson submitted.

REASON FOR DECISION:

Mr Callaway has argued his case very capably, but the Adjudicator is satisfied that, regardless of whether he fully crossed Mr Mudhoo (and the video evidence was not conclusive), it is clear that Mr Callaway did place pressure on Mr Mudhoo’s mount from his outside, as a result of which Mr Mudhoo had to check his mount to avoid the heels of Mr Callaway’s mount. Mr Mudhoo’s evidence was quite compelling in this respect and was borne out by the video replays.

One definition of “interference” in the Rules of Racing is “a horse itself or its rider in any way interfering with the horse or rider of another horse in a race”. The Adjudicator is satisfied that Mr Callaway has interfered with Mr Mudhoo within that definition and, therefore, having regard to all of the circumstances of this case, has ridden carelessly.

DECISION;

The charge was found proved.

SUBMISSIONS FOR PENALTY:

Mr Davidson said that the degree of carelessness  in this case is towards the lower end. Mr Callaway has three previous careless riding charges on his record – on 3 October 2020, on 14 November 2020 and on 14 December 2020. Mr Davidson said that Mr Callaway’s most recent was almost 10 months ago. His record is therefore a very good one. Mr Davidson submitted that a 5-days suspension would be an appropriate penalty.

A discussion followed, after which Mr Callaway sought a deferment of suspension from after the South Canterbury meeting on 8th October.

REASONS FOR PENALTY:

The Adjudicator is satisfied that the breach is a low-level one. The low-level starting point under the NZTR Revised Penalty Guidelines is a 5 national riding days suspension. There are no aggravating factors and Mr Callaway’s record has been treated as a neutral factor. A 5-days suspension is therefore appropriate.

CONCLUSIONS:

Jockey Lee Callaway’s Jockey’s Licence (Class A) is suspended from after racing on 8 October 2021 up to and including 15 October 2022 – 5 national riding days.

Decision Date: 02/10/2021

Publish Date: 06/10/2021