Archive Decision

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Amberley RC 23 June 2018 – R 2 – Chair, Mr D Anderson

ID: JCA14718

Applicant:
Mr J McLaughlin - Stipendiary Steward

Respondent(s):
Mr B B Hong - Apprentice Jockey

Other Person:
Mr M Pitman - Licensed Trainer, Mr M Davidson - Stipendiary Steward

Information Number:
A8171

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 Racing - 23 June 2018

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/06/23

Race Number:
R 2

Decision:

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

Penalty:

We therefore determined that Mr Hong’s licence to ride be suspended from the conclusion of racing today up to and including racing on 30 June 2018.

Facts:

Following the running of Race 2, the North Canterbury Veterinary Clinics Maiden, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Apprentice Jockey Mr B B Hong alleging “that he allowed his mount MATHIEU to shift in when insufficiently clear of BY MAGIC (K Mudhoo) who was crowded and checked passing the 950 metres”.

Rule 638(1)(d) reads as follows:

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

(d) careless”

Mr Hong had indicated on the Information that this breach of the rules was admitted and he confirmed this at the hearing. Mr Hong also agreed that he understood the charge and the rule it was brought under.

Mr Hong was assisted at the hearing by Mr M Pitman - Licenced Trainer and his employer.

Mr McLaughlin, gave evidence and used video coverage along with Mr Davidson, to show approaching the 950m Mr Hong (MATHIEU) shifting across to the lead when not sufficiently clear of Mr K Mudhoo (BY MAGIC) who was checked.

Mr Davidson estimated Mr Hong was just over a length clear of Mr Mudhoo who was forced to check off the heels of MATHIEU.

Mr Hong agreed with the Stewards' description and added he took full responsibility for the incident.

Mr Pitman pointed to the two riders having a conversation leading up to the incident and said both knew the lead was about to change, but Mr Hong had misjudged his manoeuvre.

Submissions for Penalty:

Mr McLaughlin said Mr Hong had no breaches of this rule in the past 12 months which was a very good record. He said Mr Hong was frank with his admission and the Stewards saw this breach as low range and would leave it to the Committee to determine penalty.

Mr Hong made no submissions on penalty.

Mr Pitman estimated that since joining his employ Mr Hong has had 110 rides without any careless riding breaches which should be taken into consideration.

Reasons for Penalty:

In determining penalty, the Committee had regard to the Penalty Guide starting points for breaches of the careless riding rule. The Committee adopted a 6-day starting point as we agreed the level of carelessness was low and the affected horse recovered quickly.

There were no aggravating factors to consider.

Mitigating factors are his admission, his record which this Committee considers excellent, and the professional manner in which Mr Hong conducted himself.

Considering all the evidence and submissions and applying the aggravating and mitigating factors the Committee determined that a 4-day suspension is an appropriate penalty in this case.

When deferment was discussed Mr Hong asked for any suspension to be started immediately.

As riders had been declared for Te Aroha on Sunday that race day was not considered in Mr Hong`s 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: 74136f0a4ea9da9c9c029db9809f2517


informantnumber: A8171


horsename:


hearing_racingtype:


startdate: no date provided


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


plea: admitted


penaltyrequired: 1


decisiondate: 25/06/2018


hearing_title: Amberley RC 23 June 2018 - R 2 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 2, the North Canterbury Veterinary Clinics Maiden, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Apprentice Jockey Mr B B Hong alleging “that he allowed his mount MATHIEU to shift in when insufficiently clear of BY MAGIC (K Mudhoo) who was crowded and checked passing the 950 metres”.

Rule 638(1)(d) reads as follows:

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

(d) careless”

Mr Hong had indicated on the Information that this breach of the rules was admitted and he confirmed this at the hearing. Mr Hong also agreed that he understood the charge and the rule it was brought under.

Mr Hong was assisted at the hearing by Mr M Pitman - Licenced Trainer and his employer.

Mr McLaughlin, gave evidence and used video coverage along with Mr Davidson, to show approaching the 950m Mr Hong (MATHIEU) shifting across to the lead when not sufficiently clear of Mr K Mudhoo (BY MAGIC) who was checked.

Mr Davidson estimated Mr Hong was just over a length clear of Mr Mudhoo who was forced to check off the heels of MATHIEU.

Mr Hong agreed with the Stewards' description and added he took full responsibility for the incident.

Mr Pitman pointed to the two riders having a conversation leading up to the incident and said both knew the lead was about to change, but Mr Hong had misjudged his manoeuvre.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr McLaughlin said Mr Hong had no breaches of this rule in the past 12 months which was a very good record. He said Mr Hong was frank with his admission and the Stewards saw this breach as low range and would leave it to the Committee to determine penalty.

Mr Hong made no submissions on penalty.

Mr Pitman estimated that since joining his employ Mr Hong has had 110 rides without any careless riding breaches which should be taken into consideration.


reasonsforpenalty:

In determining penalty, the Committee had regard to the Penalty Guide starting points for breaches of the careless riding rule. The Committee adopted a 6-day starting point as we agreed the level of carelessness was low and the affected horse recovered quickly.

There were no aggravating factors to consider.

Mitigating factors are his admission, his record which this Committee considers excellent, and the professional manner in which Mr Hong conducted himself.

Considering all the evidence and submissions and applying the aggravating and mitigating factors the Committee determined that a 4-day suspension is an appropriate penalty in this case.

When deferment was discussed Mr Hong asked for any suspension to be started immediately.

As riders had been declared for Te Aroha on Sunday that race day was not considered in Mr Hong`s suspension.


penalty:

We therefore determined that Mr Hong’s licence to ride be suspended from the conclusion of racing today up to and including racing on 30 June 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J McLaughlin - Stipendiary Steward


JockeysandTrainer: Mr B B Hong - Apprentice Jockey


Otherperson: Mr M Pitman - Licensed Trainer, Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: ae47d9408aca4c5d7116674b95236b79


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 104de92d03ee630ffbafed0e26fb206c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/06/2018


meet_title: Canterbury Racing - 23 June 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: DAnderson


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing