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Taranaki RC 16 January 2014 – R 8

ID: JCA12334

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
K Leung - Apprentice Jockey

Other Person:
S Ramsay - Licensed Trainer (Assisting Apprentice Leung), Mr L Tidmarsh - Assistant Stipendiary Steward

Information Number:
A4015

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taranaki RC - 16 January 2014

Meet Chair:
TUtikere

Meet Committee Member 1:
ISmith

Race Date:
2014/01/16

Race Number:
Race 8

Decision:

As the charge was admitted it was found to be proved.

Penalty:

Mr Leung's licence to ride is suspended from the conclusion of racing on Saturday 18 January 2014 until the conclusion of racing on Sunday 26 January 2014. This is a total of five (5) days and incorporates the Wellington (20th), Waikato (22nd), Rotorua (24th), Wellington (25th), and Auckland (26th) meetings.

Facts:

Following Race 8, (Oil & Gas Raceday Twilight Sunday February 2nd Maiden), Apprentice Jockey, K Leung was charged with careless riding under Rule 638(1)(d).The information stated ”K Leung (ZETOW) allowed his mount to shift out near the 50 metres hampering SILKYSAND which had to be steadied."

Mr Leung, assisted by Licensed Trainer S Ramsay, indicated to the committee that he understood Rule 638 (1)(d), and that he admitted the breach.

Using the films, Mr Tidmarsh identified ZETOW just prior to the 50 metres being ridden with vigour by Mr Leung. As he approached the 50 metres, he started to shift outwards, in front of SILKYSAND (M Dravitski) which had to be steadied. Mr Goodwin conceded that there was some inwards movement by TWOZNOTENOUGH (A Taylor) located to the outside of Mr Leung, which had a bearing on the severity of the interference; however the stewards believed that most of the interference was caused by the outwards movement of Mr Leung's mount, which he did not attempt to straighten, even when he had made contact with Ms Dravitski's horse. Mr Goodwin submitted ZETOW had come out four horse widths under hard riding.

Mr Goodwin also stated that the connections of SILKYSAND did consider lodging a protest but decided not to proceed with such action.

Mr Leung and Mr Ramsay did not wish to make comment on the films or the incident.

Submissions for Penalty:

Mr Goodwin submitted that Mr Leung had a very good record whilst riding in New Zealand, having not been charged or warned under Rule 638(1)(d). Mr Goodwin believed that a period of suspension was warranted as the stewards placed the level of carelessness within the mid-range. He submitted a period of suspension of no less than four (4) days as appropriate.

Mr Leung advised that he had been riding in New Zealand for one and a half years, having had more than 200 rides during that time. He advised that any period of suspension could take effect after racing on Saturday 18 January.

Mr Ramsay submitted that there was some inward movement from Ms Taylor, but that it was clear that Mr Leung had not taken sufficient action as he was required to do. He asked the committee to consider Mr Leung's early admission of the breach, his very good riding record and that he was an apprentice located in the Northern/Waikato region, who also rode in the Central Districts.

Reasons for Penalty:

The committee had regard to all of the submissions put before it. Ms Dravitski was entitled to an unhindered run to the line, which she clearly did not receive. It was clear from the films that Mr Leung had moved outwards approximately four horse widths without making a sufficient attempt to keep ZETOW straight. This was also apparent when Mr Leung continued to ride vigorously with the whip, even after he had made contact with SILKYSAND.

While the committee accepts that inwards movement by TWOZNOTENOUGH was a contributing factor to the hinderance suffered by Ms Dravitski, we deem this as marginal in comparison as it is clear that Mr Leung has not exercised the duty of care expected of him over the concluding stages. It was our opinion that a period of suspension was an appropriate penalty on this occasion, and we adopted a starting point of five (5) days. In terms of mitigation, the committee took into consideration Mr Leung's early admission of the breach and his good riding record. We also independently assessed the level of carelessness to be within the mid-range. The mitigating factors, in our view, were counter-balanced by the aggravating features of the level of carelessness and the impact that the connections of SILKYSAND had sustained as a result of Mr Leung's carelessness. The committee determined a five (5) day period of suspension as appropriate.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 4f5469b8c5d89fda00c557441ff2de90


informantnumber: A4015


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 06/01/2014


hearing_title: Taranaki RC 16 January 2014 - R 8


charge:


facts:

Following Race 8, (Oil & Gas Raceday Twilight Sunday February 2nd Maiden), Apprentice Jockey, K Leung was charged with careless riding under Rule 638(1)(d).The information stated ”K Leung (ZETOW) allowed his mount to shift out near the 50 metres hampering SILKYSAND which had to be steadied."

Mr Leung, assisted by Licensed Trainer S Ramsay, indicated to the committee that he understood Rule 638 (1)(d), and that he admitted the breach.

Using the films, Mr Tidmarsh identified ZETOW just prior to the 50 metres being ridden with vigour by Mr Leung. As he approached the 50 metres, he started to shift outwards, in front of SILKYSAND (M Dravitski) which had to be steadied. Mr Goodwin conceded that there was some inwards movement by TWOZNOTENOUGH (A Taylor) located to the outside of Mr Leung, which had a bearing on the severity of the interference; however the stewards believed that most of the interference was caused by the outwards movement of Mr Leung's mount, which he did not attempt to straighten, even when he had made contact with Ms Dravitski's horse. Mr Goodwin submitted ZETOW had come out four horse widths under hard riding.

Mr Goodwin also stated that the connections of SILKYSAND did consider lodging a protest but decided not to proceed with such action.

Mr Leung and Mr Ramsay did not wish to make comment on the films or the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was found to be proved.


sumissionsforpenalty:

Mr Goodwin submitted that Mr Leung had a very good record whilst riding in New Zealand, having not been charged or warned under Rule 638(1)(d). Mr Goodwin believed that a period of suspension was warranted as the stewards placed the level of carelessness within the mid-range. He submitted a period of suspension of no less than four (4) days as appropriate.

Mr Leung advised that he had been riding in New Zealand for one and a half years, having had more than 200 rides during that time. He advised that any period of suspension could take effect after racing on Saturday 18 January.

Mr Ramsay submitted that there was some inward movement from Ms Taylor, but that it was clear that Mr Leung had not taken sufficient action as he was required to do. He asked the committee to consider Mr Leung's early admission of the breach, his very good riding record and that he was an apprentice located in the Northern/Waikato region, who also rode in the Central Districts.


reasonsforpenalty:

The committee had regard to all of the submissions put before it. Ms Dravitski was entitled to an unhindered run to the line, which she clearly did not receive. It was clear from the films that Mr Leung had moved outwards approximately four horse widths without making a sufficient attempt to keep ZETOW straight. This was also apparent when Mr Leung continued to ride vigorously with the whip, even after he had made contact with SILKYSAND.

While the committee accepts that inwards movement by TWOZNOTENOUGH was a contributing factor to the hinderance suffered by Ms Dravitski, we deem this as marginal in comparison as it is clear that Mr Leung has not exercised the duty of care expected of him over the concluding stages. It was our opinion that a period of suspension was an appropriate penalty on this occasion, and we adopted a starting point of five (5) days. In terms of mitigation, the committee took into consideration Mr Leung's early admission of the breach and his good riding record. We also independently assessed the level of carelessness to be within the mid-range. The mitigating factors, in our view, were counter-balanced by the aggravating features of the level of carelessness and the impact that the connections of SILKYSAND had sustained as a result of Mr Leung's carelessness. The committee determined a five (5) day period of suspension as appropriate.


penalty:

Mr Leung's licence to ride is suspended from the conclusion of racing on Saturday 18 January 2014 until the conclusion of racing on Sunday 26 January 2014. This is a total of five (5) days and incorporates the Wellington (20th), Waikato (22nd), Rotorua (24th), Wellington (25th), and Auckland (26th) meetings.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: K Leung - Apprentice Jockey


Otherperson: S Ramsay - Licensed Trainer (Assisting Apprentice Leung), Mr L Tidmarsh - Assistant Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 347f4eb1dea84bfddfbab9aa94dedd93


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 35298c8a2e9461305a548add43f1b614


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/01/2014


meet_title: Taranaki RC - 16 January 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taranaki-rc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: ISmith


meet_pm2: none


name: Taranaki RC