Archive Decision

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Canterbury JC 22 September 2018 – R 11 – Chair, Mr S Ching

ID: JCA14514

Applicant:
M Davidson- Stipendiary Steward

Respondent(s):
J Laking-Class A Rider

Other Person:
Mr J McLaughlin - Stipendiary Steward

Information Number:
A8196

Hearing Type:
Hearing

New Charge:
Alleged breach of Rule 638(1)(d)-Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 22 September 2018

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2018/09/22

Race Number:
R11

Decision:

As Mr Laking had admitted the breach, the charge was found proved.

Penalty:

Mr Laking’s Class A Jockeys licence is suspended from the conclusion of racing 22 September up to and including 3 October 2018.

Facts:

Following the running of Race 11, the Racecourse Hotel & Motor Lodge Rating 72, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr J Laking, alleging careless riding in that he directed his mount DIRECTOR outwards near the 350m causing crowding to SAVASON, ridden by Miss B Grylls and OPIHI RANGER, ridden by Miss J Fawcett.

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Laking had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Laking also agreed that he understood the charge and the Rule it was brought under.

Mr Davidson, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that nearing the 350m, DIRECTOR, ridden by Mr Laking, was racing midfield with no clear racing room to improve. Mr McLaughlin pointed out on the replays, Mr Laking, direct his mount outwards when there was not sufficient room to do so, crowding the 2 outside runners, SAVASON and OPIHI RANGER pushing them off their rightful line of running. Mr McLaughlin said that Mr Laking was only ¾ of a length forward of the outside 2 runners when forcing his way out.

Mr Laking stated that he was travelling pretty good and did not think that he had interfered with anyone. He said he knew he had touched them but did not realise he had come out as far as he had. He agreed he had made room for himself and chanced getting out without incident.

Submissions for Penalty:

Mr Davidson stated that Mr Laking’s record showed 2 suspensions over the previous 12 months being at Riccarton 15 February 2018 where he received 7 National days and Ashburton on 4 May where he received an 8 National day suspension. He stated that the breach was low-range with consequences not high, but Mr Laking has forced his mount out and taken 2 horses off their rightful line. Mr Davidson said the JCA Penalty Guide provides a 6 National day starting point for a low-range breach and submitted that a suspension commensurate with that starting point be considered as penalty in this case.

Deferment was discussed with Mr Laking who requested any suspension begin as soon as possible.

Reasons for Penalty:

The JCA Penalty Guide starting point for a low-range breach of this rule is a 6 National day suspension. The Committee, agreed with the Stewards and assessed this breach as low-range, determining that a 6-day starting point was appropriate. The aggravating factor to consider was Mr Laking’s penalty record which showed 2 breaches earlier this year which, we considered, warranted an uplift in penalty. This uplift we set at 1 day. We were however able to afford Mr Laking a discount for his frank admission of the breach which we set at 1 day. We therefore determined that a 6 National-day suspension was an appropriate penalty in this case.

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: 8ce419d73ee7466ca448e52967c62961


informantnumber: A8196


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Alleged breach of Rule 638(1)(d)-Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 25/09/2018


hearing_title: Canterbury JC 22 September 2018 - R 11 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 11, the Racecourse Hotel & Motor Lodge Rating 72, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr J Laking, alleging careless riding in that he directed his mount DIRECTOR outwards near the 350m causing crowding to SAVASON, ridden by Miss B Grylls and OPIHI RANGER, ridden by Miss J Fawcett.

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Laking had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Laking also agreed that he understood the charge and the Rule it was brought under.

Mr Davidson, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that nearing the 350m, DIRECTOR, ridden by Mr Laking, was racing midfield with no clear racing room to improve. Mr McLaughlin pointed out on the replays, Mr Laking, direct his mount outwards when there was not sufficient room to do so, crowding the 2 outside runners, SAVASON and OPIHI RANGER pushing them off their rightful line of running. Mr McLaughlin said that Mr Laking was only ¾ of a length forward of the outside 2 runners when forcing his way out.

Mr Laking stated that he was travelling pretty good and did not think that he had interfered with anyone. He said he knew he had touched them but did not realise he had come out as far as he had. He agreed he had made room for himself and chanced getting out without incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Laking had admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Davidson stated that Mr Laking’s record showed 2 suspensions over the previous 12 months being at Riccarton 15 February 2018 where he received 7 National days and Ashburton on 4 May where he received an 8 National day suspension. He stated that the breach was low-range with consequences not high, but Mr Laking has forced his mount out and taken 2 horses off their rightful line. Mr Davidson said the JCA Penalty Guide provides a 6 National day starting point for a low-range breach and submitted that a suspension commensurate with that starting point be considered as penalty in this case.

Deferment was discussed with Mr Laking who requested any suspension begin as soon as possible.


reasonsforpenalty:

The JCA Penalty Guide starting point for a low-range breach of this rule is a 6 National day suspension. The Committee, agreed with the Stewards and assessed this breach as low-range, determining that a 6-day starting point was appropriate. The aggravating factor to consider was Mr Laking’s penalty record which showed 2 breaches earlier this year which, we considered, warranted an uplift in penalty. This uplift we set at 1 day. We were however able to afford Mr Laking a discount for his frank admission of the breach which we set at 1 day. We therefore determined that a 6 National-day suspension was an appropriate penalty in this case.


penalty:

Mr Laking’s Class A Jockeys licence is suspended from the conclusion of racing 22 September up to and including 3 October 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: M Davidson- Stipendiary Steward


JockeysandTrainer: J Laking-Class A Rider


Otherperson: Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9fca838ba3b25f1da037eeee91856c6a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1dc524fef5dec2c43f51d0ec605ef95b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/09/2018


meet_title: Canterbury JC - 22 September 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Canterbury JC