Waikato RC 26 February 2014 – R 8
ID: JCA15936
Code:
Thoroughbred
Meet Title:
Waikato RC - 26 February 2014
Meet Chair:
ADooley
Race Date:
2014/02/26
Race Number:
R 8
Decision:
As Mr Leung admitted the breach the Committee find the charge proved.
Penalty:
The Committee grants Mr Leung’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, the Committee impose a suspension on Mr Leung which will commence after racing on 5 March and conclude after racing on 21 March 2014 (10 North Island days).
The penalty did not include any South Island meetings as Mr Leung confirmed that he did not intend riding there.
Facts:
Following the running of race 8, Snell Packaging & Safety, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Oatham, alleged that near the 300 metres Mr K Leung allowed his mount HEART OF GRACE to shift in when not clear of ZAHCONI (B Hutton) which blundered dislodging its rider.
Mr Leung acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr Bussey, the trainer of HEART OF GRACE, assisted apprentice rider Mr Leung at the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Williamson identified on the head on video film about the 400 metre mark HEART OF GRACE was leading the field and racing in a 2 to 3 wide position. He showed there was sufficient room for a horse to his inside at that point. Shortly after this he said Mr Leung pulls the whip on HEART OF GRACE and his mount commences to shift in and crowd ZAHCONI. Mr Williamson identified where Mr Leung allowed his mount to move into the rightful running line of ZAHCONI. This resulted in ZAHCONI blundering badly dislodging Mr Hutton. He said Mr Leung did take corrective action but it was too late to prevent the fall happening. He added Mr Hutton, the rider of ZAHCONI, had established the run on the inside of HEART OF GRACE when the interference occurred.
Mr Leung advised the Committee that his mount was “green” and shied on a couple of occasions. Mr Leung said he done his best to correct the movement. He added he stopped using the whip before contact was made between HEART OF GRACE and ZAHCONI.
Mr Bussey said Mr Leung made every measure under the circumstances to straighten HEART OF GRACE. He said HEART OF GRACE was “very green” and conceded the horse’s manners were not perfect. He added Mr Leung corrected his mount a fraction too late.
Submissions for Penalty:
Mr Oatham produced Mr Leung’s record which showed 1 previous breach under this Rule in the last 12 months. He said Mr Leung had 40 wins from 300 rides and this was his first breach in the 2 years he has ridden in New Zealand. He said this was a good record and Mr Leung had admitted the breach. He said Mr Leung shifted in about 1 ½ horse widths and noted he hit his mount twice when it was shifting ground. He added Mr Leung did make an effort to correct the movement but it was too late.
Mr Oatham submitted the aggravating factor was the consequences of the incident resulted in a fall which he described as fairly high. He added the level of carelessness was not to that level. He submitted normally when a rider is dislodged or a fall has occurred a 3 to 4 week suspension is sought by the Stewards. He gave examples of similar breaches which have attracted 8 to 14 days suspension. Mr Oatham submitted today's breach warranted a suspension in the 10 to 12 day range.
Mr Oatham advised Mr Hutton escaped the incident without any injury.
Mr Leung advised that he had upcoming commitments at Ellerslie on March 5, and sought a deferment to any proposed suspension could commence after that.
Mr Bussey had nothing further to add.
Mr Leung confirmed that he rode only in the North Island.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Leung’s admission of the breach and his good record in relation to this Rule. The significant aggravating fact was a result of Mr Leung shifting in and striking his horse with the whip ZAHCONI was badly checked and blundered dislodging its rider. The safety of riders is paramount and thankfully Mr Hutton was not injured in the fall. The Committee assess the level of carelessness as low to mid- range however the consequences are clearly higher when a fall has occurred.
The Committee was familiar with the similar breaches Mr Oatham referred to and carefully considered those decisions before imposing an appropriate penalty.
After taking into account all the above factors the Committee consider an appropriate penalty is a 10 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: a37104da8b9516030a2b9f1fe33ac1db
informantnumber: A6559
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 23/02/2014
hearing_title: Waikato RC 26 February 2014 - R 8
charge:
facts:
Following the running of race 8, Snell Packaging & Safety, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Oatham, alleged that near the 300 metres Mr K Leung allowed his mount HEART OF GRACE to shift in when not clear of ZAHCONI (B Hutton) which blundered dislodging its rider.
Mr Leung acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach. Mr Bussey, the trainer of HEART OF GRACE, assisted apprentice rider Mr Leung at the hearing.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Williamson identified on the head on video film about the 400 metre mark HEART OF GRACE was leading the field and racing in a 2 to 3 wide position. He showed there was sufficient room for a horse to his inside at that point. Shortly after this he said Mr Leung pulls the whip on HEART OF GRACE and his mount commences to shift in and crowd ZAHCONI. Mr Williamson identified where Mr Leung allowed his mount to move into the rightful running line of ZAHCONI. This resulted in ZAHCONI blundering badly dislodging Mr Hutton. He said Mr Leung did take corrective action but it was too late to prevent the fall happening. He added Mr Hutton, the rider of ZAHCONI, had established the run on the inside of HEART OF GRACE when the interference occurred.
Mr Leung advised the Committee that his mount was “green” and shied on a couple of occasions. Mr Leung said he done his best to correct the movement. He added he stopped using the whip before contact was made between HEART OF GRACE and ZAHCONI.
Mr Bussey said Mr Leung made every measure under the circumstances to straighten HEART OF GRACE. He said HEART OF GRACE was “very green” and conceded the horse’s manners were not perfect. He added Mr Leung corrected his mount a fraction too late.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Leung admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Leung’s record which showed 1 previous breach under this Rule in the last 12 months. He said Mr Leung had 40 wins from 300 rides and this was his first breach in the 2 years he has ridden in New Zealand. He said this was a good record and Mr Leung had admitted the breach. He said Mr Leung shifted in about 1 ½ horse widths and noted he hit his mount twice when it was shifting ground. He added Mr Leung did make an effort to correct the movement but it was too late.
Mr Oatham submitted the aggravating factor was the consequences of the incident resulted in a fall which he described as fairly high. He added the level of carelessness was not to that level. He submitted normally when a rider is dislodged or a fall has occurred a 3 to 4 week suspension is sought by the Stewards. He gave examples of similar breaches which have attracted 8 to 14 days suspension. Mr Oatham submitted today's breach warranted a suspension in the 10 to 12 day range.
Mr Oatham advised Mr Hutton escaped the incident without any injury.
Mr Leung advised that he had upcoming commitments at Ellerslie on March 5, and sought a deferment to any proposed suspension could commence after that.
Mr Bussey had nothing further to add.
Mr Leung confirmed that he rode only in the North Island.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Leung’s admission of the breach and his good record in relation to this Rule. The significant aggravating fact was a result of Mr Leung shifting in and striking his horse with the whip ZAHCONI was badly checked and blundered dislodging its rider. The safety of riders is paramount and thankfully Mr Hutton was not injured in the fall. The Committee assess the level of carelessness as low to mid- range however the consequences are clearly higher when a fall has occurred.
The Committee was familiar with the similar breaches Mr Oatham referred to and carefully considered those decisions before imposing an appropriate penalty.
After taking into account all the above factors the Committee consider an appropriate penalty is a 10 day suspension.
penalty:
The Committee grants Mr Leung’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, the Committee impose a suspension on Mr Leung which will commence after racing on 5 March and conclude after racing on 21 March 2014 (10 North Island days).
The penalty did not include any South Island meetings as Mr Leung confirmed that he did not intend riding there.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham -Senior Stipendiary Steward
JockeysandTrainer: Mr K Leung - Apprentice Rider of HEART OF GRACE
Otherperson: Mr M Williamson -Stipendiary Steward, Mr D Bussey - Trainer of HEART OF GRACE assisting Mr Leung
PersonPresent:
Respondent:
StipendSteward:
raceid: 05b6f4c73c3867e10b20b462a509667a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d1eb5d9ad4e299b02c4ac252d26786e5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/02/2014
meet_title: Waikato RC - 26 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Waikato RC