KEY POINTS:
A judge has reserved her decision in the civil case of a top jockey claiming a share of the winning prizemoney for the country's richest horse race, despite not actually riding the winner.
Chris Johnson was due to ride Princess Coup in four races including the country's richest race, the Kelt Capital Stakes last October, for her owners John Bromley and Ray Coupland.
Johnson had originally been set to ride the mare in the Foxbridge Plate at Te Rapa and the three legs of the Hawke's Bay triple crown, starting with the group one Mudgway Partsworld Stakes.
Princess Coup did not start in the Foxbridge Plate, and finished 11th in the Mudgway.
Johnson was then asked to relinquish his role for the final two races, the Stoney Bridge Stakes and the Kelt in favour of jockey Noel Harris.
Johnson said he relinquished the rides on condition he would be paid a percentage of the amount won by the horse.
Princess Coup came third in the $250,000 Stoney Bridge and won the prestigious $2 million Kelt.
Coupland paid Johnson $28,750, but Bromley refused to pay his half of the prizemoney.
Tony Ryan, who appeared for Johnson at the hearing in Wellington District Court today, told Judge Susan Thomas the Kelt was the most sought after horse race in the country for jockeys.
Johnson was approached to ride Princess Coup in July, but was swapped just 19 days ahead of race day, depriving him of riding any other horse, Mr Ryan said.
"There was a commitment by the trainers and the owners to Mr Johnson that took him out of the market and he was left out of the race - albeit the horse won, which was a satisfactory conclusion to that jockey and the replacement jockey."
Mr Ryan said Johnson was secretly taped and "cross-examined" in a telephone call by Cameron George, New Zealand racing's chief stipendiary steward about whether or not he was riding in the race.
No mention of a fee was discussed then, but Mr Ryan said it had been mentioned in a later unrecorded phone call and email with Johnson's agent, John Tannahill.
Brian Dickey, for Bromley, said there had never been a written contract between Johnson and Bromley about a fee for Johnson.
He said in the taped conversation, which was legal as one of the parties was aware of the recording, Johnson had accepted relinquishing his right to any payment.
He said there was never any evidence the conversation was "under duress".
At the time Harris' winning ride in the Kelt had been regarded as remarkable and Johnson did well out of the arrangement by being paid thousands of dollars for simply "staying in his armchair," Mr Dickey said.
"There is no proper basis the mare would have won had she been ridden by the plaintiff," Mr Dickey said.
Judge Thomas has reserved her decision.
- NZPA
