Ashburton RC 18 September 2020 – R 9 – Chair, Mr S Ching
ID: JCA14113
Code:
Thoroughbred
Meet Title:
Ashburton RC - 18 September 2020
Meet Chair:
SChing
Race Date:
2020/09/18
Race Number:
R9
Decision:
Mr Laking having admitted the breach; the charge was found proved.
Penalty:
Mr Laking’s application for a deferment until 25 September is granted.
Accordingly, Mr Laking is suspended from the conclusion of racing 25 September up to and including 7 October 2020.
Facts:
Following the running of Race 9, the Richie McCrea Painting & Decorating 2200, an Information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Jockey (Class A), Mr J Laking, alleging that, as the rider of OREPUKI LAD in the race, he struck his mount excessively prior to the 100m.
Mr Laking was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the Rule he was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Laking riding OREPUKI LAD, positioned in contention approaching the 300m. He said that Mr Laking drew the whip and used it on 9 occasions, with at least 2 consecutive strikes. Mr Oatham added that the first 3 strikes were back hand flicks.
Mr Laking did not dispute the number of strikes.
Submissions for Penalty:
Mr Davidson told the Committee that Mr Laking’s record showed two prior breaches being 14 January at Westland - $300 fine and Canterbury Racing on 21 March 2020 - 6-day suspension in a Group 3 race. He said that the JCA Penalty Guide provides a starting point of a 6-day suspension for a 3rd or subsequent breach of this Rule. Mr Davidson added that there were no aggravating factors and submitted that a suspension as per the Penalty Guide be considered as penalty.
Mr Laking elected to make no submissions in regard to penalty apart from requesting a deferment until after the meeting at Invercargill on 25 September.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6-day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule. We determined that there were no aggravating factors to consider and therefore ruled that a 6 National Day suspension was appropriate as penalty.
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: 9a09a728c86412589f7f9a9d627ad5b4
informantnumber: A11889
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 21/09/2020
hearing_title: Ashburton RC 18 September 2020 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the Richie McCrea Painting & Decorating 2200, an Information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Jockey (Class A), Mr J Laking, alleging that, as the rider of OREPUKI LAD in the race, he struck his mount excessively prior to the 100m.
Mr Laking was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the Rule he was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Laking riding OREPUKI LAD, positioned in contention approaching the 300m. He said that Mr Laking drew the whip and used it on 9 occasions, with at least 2 consecutive strikes. Mr Oatham added that the first 3 strikes were back hand flicks.
Mr Laking did not dispute the number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Laking having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Mr Laking’s record showed two prior breaches being 14 January at Westland - $300 fine and Canterbury Racing on 21 March 2020 - 6-day suspension in a Group 3 race. He said that the JCA Penalty Guide provides a starting point of a 6-day suspension for a 3rd or subsequent breach of this Rule. Mr Davidson added that there were no aggravating factors and submitted that a suspension as per the Penalty Guide be considered as penalty.
Mr Laking elected to make no submissions in regard to penalty apart from requesting a deferment until after the meeting at Invercargill on 25 September.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6-day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule. We determined that there were no aggravating factors to consider and therefore ruled that a 6 National Day suspension was appropriate as penalty.
penalty:
Mr Laking’s application for a deferment until 25 September is granted.
Accordingly, Mr Laking is suspended from the conclusion of racing 25 September up to and including 7 October 2020.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Davidson – Stipendiary Steward
JockeysandTrainer: Mr J Laking - Licensed Jockey (Class A)
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 3e92ea9c246eb15ac67a4a8c906e80c4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c887ee109b7777cc05180924b6d1418a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/09/2020
meet_title: Ashburton RC - 18 September 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Ashburton RC