Archive Decision

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Auckland RC 25 October 2014 – R 9

ID: JCA14668

Applicant:
Mr M Williamson - Sitpendiary Steward

Respondent(s):
Mr J Wong - Apprentice Rider

Other Person:
Mr A Coles - Stipendiary Steward, Mr C George - assisting Mr J Wong

Information Number:
A3559

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 25 October 2014

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2014/10/25

Race Number:
R9

Decision:

As Mr Wong admitted the breach we find the charge proved.

Penalty:

We grant Mr Wong’s request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, Mr Wong had his license to ride in races suspended for a period to commence after racing on 1 November and conclude after racing on 8 November 2014 (4 North Island days).

Facts:

Following the running of race 9, The Edge Nights With Marty & Steph 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that passing the 300 metres Mr Wong allowed his mount OUR DAISY to shift out when not sufficiently clear of CANTINA (M Du Plessis) which was checked.

Mr Wong acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr George assisted Mr Wong at the hearing due to the unavailability of any other License Holder after the last race.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Coles identified on the video films approaching the 300 metres Mr Wong attempted a marginal run to the inside of APACHEE TAAT which shifted in slightly closing the available gap. Passing the 300 metres, Mr Wong then shifted out to a 3 wide position to obtain clear running, shifting into the line of CANTINA which was checked sharply. Mr Coles added that OUR DAISY seemed to over react to the incident and moved out further than Mr Wong had intended.

Mr Wong told the Committee the gap closed near the 300 metres and his mount hit the running rail. He acknowledged OUR DAISY over reacted to that incident when shifting out further into the running line of CANTINA.

Submissions for Penalty:

Mr Williamson produced Mr Wong’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being on 25 April 2014 which attracted a 5 day suspension. He said Mr Wong was a young rider with a good record but was still lacking experience. He conceded OUR DAISY moved out further than Mr Wong intended. He submitted the breach was at the low end of the scale and a 4 day suspension would be appropriate.

Mr George said it was clear that OUR DAISY had touched the running rail due to APACHEE TAAT rolling in and closing the gap. This necessitated Mr Wong moving out to obtain a clear run however he conceded Mr Wong had moved out an extra half a horse width than he intended which resulted in the interference occurring. He said Mr Wong had a good record and his actions were in the low range therefore Mr George asked the Committee to consider a 3 day suspension.

Mr Wong was unsure of his engagements in the next 7 days. The Committee granted Mr George a brief adjournment to contact Mr O’Sullivan and establish Mr Wong’s future commitments.

Mr George said Mr O’Sullivan advised him that his apprentice Mr Wong had upcoming engagements at Tauranga on 1 November, and sought a deferment to any proposed suspension.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors were Mr Wong’s admission of the breach, the level of carelessness we assess as low range and his good record as an apprentice rider in relation to this Rule. However, this has to be balanced against the fact Mr Wong failed to exercise sufficient care in allowing his mount to shift out causing interference to CANTINA.

The Committee is aware Mr Wong has a history of riding in the North Island.

After taking into account all the above factors we consider an appropriate and consistent penalty in line with other riders was a 4 day suspension.

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: a298129e42825ddb64db76517e873caf


informantnumber: A3559


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 17/10/2014


hearing_title: Auckland RC 25 October 2014 - R 9


charge:


facts:

Following the running of race 9, The Edge Nights With Marty & Steph 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that passing the 300 metres Mr Wong allowed his mount OUR DAISY to shift out when not sufficiently clear of CANTINA (M Du Plessis) which was checked.

Mr Wong acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr George assisted Mr Wong at the hearing due to the unavailability of any other License Holder after the last race.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Coles identified on the video films approaching the 300 metres Mr Wong attempted a marginal run to the inside of APACHEE TAAT which shifted in slightly closing the available gap. Passing the 300 metres, Mr Wong then shifted out to a 3 wide position to obtain clear running, shifting into the line of CANTINA which was checked sharply. Mr Coles added that OUR DAISY seemed to over react to the incident and moved out further than Mr Wong had intended.

Mr Wong told the Committee the gap closed near the 300 metres and his mount hit the running rail. He acknowledged OUR DAISY over reacted to that incident when shifting out further into the running line of CANTINA.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Wong admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Williamson produced Mr Wong’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being on 25 April 2014 which attracted a 5 day suspension. He said Mr Wong was a young rider with a good record but was still lacking experience. He conceded OUR DAISY moved out further than Mr Wong intended. He submitted the breach was at the low end of the scale and a 4 day suspension would be appropriate.

Mr George said it was clear that OUR DAISY had touched the running rail due to APACHEE TAAT rolling in and closing the gap. This necessitated Mr Wong moving out to obtain a clear run however he conceded Mr Wong had moved out an extra half a horse width than he intended which resulted in the interference occurring. He said Mr Wong had a good record and his actions were in the low range therefore Mr George asked the Committee to consider a 3 day suspension.

Mr Wong was unsure of his engagements in the next 7 days. The Committee granted Mr George a brief adjournment to contact Mr O’Sullivan and establish Mr Wong’s future commitments.

Mr George said Mr O’Sullivan advised him that his apprentice Mr Wong had upcoming engagements at Tauranga on 1 November, and sought a deferment to any proposed suspension.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors were Mr Wong’s admission of the breach, the level of carelessness we assess as low range and his good record as an apprentice rider in relation to this Rule. However, this has to be balanced against the fact Mr Wong failed to exercise sufficient care in allowing his mount to shift out causing interference to CANTINA.

The Committee is aware Mr Wong has a history of riding in the North Island.

After taking into account all the above factors we consider an appropriate and consistent penalty in line with other riders was a 4 day suspension.


penalty:

We grant Mr Wong’s request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, Mr Wong had his license to ride in races suspended for a period to commence after racing on 1 November and conclude after racing on 8 November 2014 (4 North Island days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Sitpendiary Steward


JockeysandTrainer: Mr J Wong - Apprentice Rider


Otherperson: Mr A Coles - Stipendiary Steward, Mr C George - assisting Mr J Wong


PersonPresent:


Respondent:


StipendSteward:


raceid: d8041349d77700ac9ebb0aa27567541f


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: 5f093d1a49ada84650b2e0d64475eefb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/10/2014


meet_title: Auckland RC - 25 October 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Auckland RC