Wanganui RC 17 August 2014 – R 9
ID: JCA13848
Code:
Thoroughbred
Meet Title:
Wanganui JC - 17 August 2014
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Race Date:
2014/08/17
Race Number:
Race 9
Decision:
As the breach was admitted, the committee found the charge proved.
Penalty:
Mr Leung was fined $150.
Facts:
Following the running of Race 9 (THE CASTLECLIFF CLUB MAIDEN 2060m), Information A3309 was filed with the judicial committee. The Information alleged that K Leung "Failed to ride his mount IMARAAJ out to the end of the race when in a reasonable chance of finishing 5th".
Rule 636(1) states: “A person…(d) being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared;”
Mr K Leung, assisted by Licensed Trainer Mr K Gray, advised the committee that he understood Rule 636(1)(d) and that he did admit the breach.
Using the available films, Mr Neal identified Mr Leung’s horse (IMARAAJ) contending for fifth placing with FRENCH PERFUME located to his inside. It was clear that IMARAAJ had gained an advantage over FRENCH PERFUME, and then Mr Leung proceeded to relax his ride over the concluding stages. FRENCH PERFUME’s rider continued to persevere to the inside of IMARAAJ, and the narrow margin between fifth and sixth was ½ neck. Mr Neal submitted that Mr Leung relaxed his ride, and sat up, at the 80m mark.
Mr Gray stated that Mr Leung thought the horse did not feel right and hesitated. When he thought he was going to lose fifth position, Mr Leung then started to ride his mount again. Mr Leung admitted his fault and identified it as an error of judgement.
Submissions for Penalty:
In presenting Mr Leung’s record, Mr Neal identified no previous breaches of this, or any related rule over the previous 12 months. He submitted the offending to be at the lower end as no dividend was payable but the connections missed out on a potential $175 stake. Mr Neal acknowledged that previous offences of a similar nature had been dealt with by a monetary penalty and submitted a fine of $150 to $250 as appropriate.
Mr Gray agreed with Mr Neal’s submissions on penalty. He identified Mr Leung as an apprentice who had a very clear record. Mr Leung submitted that he had been riding for approximately two years and had 250 rides thus far.
Reasons for Penalty:
The committee considered all of the submissions placed before it. It was very clear that Mr Leung had misjudged the situation. The committee placed the breach at the low end and noted that similar breaches of this nature had attracted a fine in the range of $150 to $250. In mitigation the committee considered Mr Leung’s status as an apprentice rider with a very good record; having no breaches of this, or a similar, rule and his early admission of the breach. Further, while the betting public had not been directly affected as the loss of a dividend-bearing position was not in question, the connections had lost out on $175 as a result of his misjudgement.
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: 76bdb61a68c18ff624fd936c0999a840
informantnumber: A3309
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 636(1)(d).
plea: admitted
penaltyrequired: 1
decisiondate: 18/08/2014
hearing_title: Wanganui RC 17 August 2014 - R 9
charge:
facts:
Following the running of Race 9 (THE CASTLECLIFF CLUB MAIDEN 2060m), Information A3309 was filed with the judicial committee. The Information alleged that K Leung "Failed to ride his mount IMARAAJ out to the end of the race when in a reasonable chance of finishing 5th".
Rule 636(1) states: “A person…(d) being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared;”
Mr K Leung, assisted by Licensed Trainer Mr K Gray, advised the committee that he understood Rule 636(1)(d) and that he did admit the breach.
Using the available films, Mr Neal identified Mr Leung’s horse (IMARAAJ) contending for fifth placing with FRENCH PERFUME located to his inside. It was clear that IMARAAJ had gained an advantage over FRENCH PERFUME, and then Mr Leung proceeded to relax his ride over the concluding stages. FRENCH PERFUME’s rider continued to persevere to the inside of IMARAAJ, and the narrow margin between fifth and sixth was ½ neck. Mr Neal submitted that Mr Leung relaxed his ride, and sat up, at the 80m mark.
Mr Gray stated that Mr Leung thought the horse did not feel right and hesitated. When he thought he was going to lose fifth position, Mr Leung then started to ride his mount again. Mr Leung admitted his fault and identified it as an error of judgement.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted, the committee found the charge proved.
sumissionsforpenalty:
In presenting Mr Leung’s record, Mr Neal identified no previous breaches of this, or any related rule over the previous 12 months. He submitted the offending to be at the lower end as no dividend was payable but the connections missed out on a potential $175 stake. Mr Neal acknowledged that previous offences of a similar nature had been dealt with by a monetary penalty and submitted a fine of $150 to $250 as appropriate.
Mr Gray agreed with Mr Neal’s submissions on penalty. He identified Mr Leung as an apprentice who had a very clear record. Mr Leung submitted that he had been riding for approximately two years and had 250 rides thus far.
reasonsforpenalty:
The committee considered all of the submissions placed before it. It was very clear that Mr Leung had misjudged the situation. The committee placed the breach at the low end and noted that similar breaches of this nature had attracted a fine in the range of $150 to $250. In mitigation the committee considered Mr Leung’s status as an apprentice rider with a very good record; having no breaches of this, or a similar, rule and his early admission of the breach. Further, while the betting public had not been directly affected as the loss of a dividend-bearing position was not in question, the connections had lost out on $175 as a result of his misjudgement.
penalty:
Mr Leung was fined $150.
hearing_type: Hearing
Rules: Rule 636(1)(d)
Informant: Mr R Neal - Co-Chief Stipendiary Steward
JockeysandTrainer: K Leung - Apprentice Jockey
Otherperson: Mr K Gray - Licensed Trainer assisting Mr Leung
PersonPresent:
Respondent:
StipendSteward:
raceid: 868f6d9ccad29a7e451b84e24417494f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4e310e3b0adb3bf787ddbd48c2d7099d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/08/2014
meet_title: Wanganui JC - 17 August 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wanganui-jc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: NMoffatt
meet_pm2: none
name: Wanganui JC