Archive Decision

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Waikato RC 2 October 2011 – R 8

ID: JCA16170

Applicant:
Mr A Coles

Respondent(s):
Mr D Lui

Other Person:
Mr J Oatham- Stipendiary Steward, Mr J Sargent - Assisting Mr Lui

Information Number:
5647

Hearing Type:
Hearing

Rules:
638 (1) (d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 2 October 2011

Meet Chair:
RSeabrook

Meet Committee Member 1:
GTankard

Race Date:
2011/10/02

Race Number:
R8

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Accordingly after taking all the above factors into account we impose a suspension on Mr Lui from riding in races which is to start after racing today 2 October, and conclude after racing on 9 October 2011 (4 days).

Charge:

Careless Riding

Facts:

Following race 8 the informant Mr A Coles alleged that Mr D Lui permitted his mount LA TOURNEAU to shift inwards passing the 200 metres.  He said Mr Lui was not sufficiently clear of PASSILENTE (M Coleman) which was hampered and forced inwards causing a check to ORINDA (S Spratt).

Submissions for Decision:

Mr Oatham demonstated the video films and showed Mr Lui riding LA TOURNEAU racing in a position 3 off the rail at the 200 metres.  It was then evident that Mr Lui allowed his mount to initially move out before coming back in.  In this second movement he took the line of PASSILENTE when only 3/4 length clear.  This caused Mr Coleman to take a hold of his mount which forced him inwardsinto the line of  ORINDA which received quite a severe check. Mr Oatham said Mr Lui should have done more to keep his mount straight.

Mr Sargent, on behalf of Mr Lui, said they had admitted the breach as it was clear that Mr Lui had allowed his mount to wander about inconveniencing PASSILENTE.  

Mr Lui had nothing to say when asked. 

Submissions for Penalty:

Mr Coles told the committee this was Mr Lui's first charge.  He submitted his carelessness on this occasion was at the low end of the scale.

Mr Sargent said Mr Lui did not have any upcoming engagements.

Reasons for Penalty:

The committee carefully considered all evidence and submissions.  Mitigating factors are Mr Lui's admission of the breach, his inexperience and this was his first charge.  The aggravating factor was the check received by Mr Coleman through Mr Lui's inward movement when insufficiently clear.  This resulted in quite a significant check to ORINDA. However the committee is satisfied Mr Lui's carelessness was at the low end of the scale.

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: c55502dfd71e30b2c32839edff8f11dc


informantnumber: 5647


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/09/2011


hearing_title: Waikato RC 2 October 2011 - R 8


charge:

Careless Riding


facts:

Following race 8 the informant Mr A Coles alleged that Mr D Lui permitted his mount LA TOURNEAU to shift inwards passing the 200 metres.  He said Mr Lui was not sufficiently clear of PASSILENTE (M Coleman) which was hampered and forced inwards causing a check to ORINDA (S Spratt).


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham demonstated the video films and showed Mr Lui riding LA TOURNEAU racing in a position 3 off the rail at the 200 metres.  It was then evident that Mr Lui allowed his mount to initially move out before coming back in.  In this second movement he took the line of PASSILENTE when only 3/4 length clear.  This caused Mr Coleman to take a hold of his mount which forced him inwardsinto the line of  ORINDA which received quite a severe check. Mr Oatham said Mr Lui should have done more to keep his mount straight.

Mr Sargent, on behalf of Mr Lui, said they had admitted the breach as it was clear that Mr Lui had allowed his mount to wander about inconveniencing PASSILENTE.  

Mr Lui had nothing to say when asked. 


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Coles told the committee this was Mr Lui's first charge.  He submitted his carelessness on this occasion was at the low end of the scale.

Mr Sargent said Mr Lui did not have any upcoming engagements.


reasonsforpenalty:

The committee carefully considered all evidence and submissions.  Mitigating factors are Mr Lui's admission of the breach, his inexperience and this was his first charge.  The aggravating factor was the check received by Mr Coleman through Mr Lui's inward movement when insufficiently clear.  This resulted in quite a significant check to ORINDA. However the committee is satisfied Mr Lui's carelessness was at the low end of the scale.


penalty:

Accordingly after taking all the above factors into account we impose a suspension on Mr Lui from riding in races which is to start after racing today 2 October, and conclude after racing on 9 October 2011 (4 days).


hearing_type: Hearing


Rules: 638 (1) (d)


Informant: Mr A Coles


JockeysandTrainer: Mr D Lui


Otherperson: Mr J Oatham- Stipendiary Steward, Mr J Sargent - Assisting Mr Lui


PersonPresent:


Respondent:


StipendSteward:


raceid: bce458a1ee9b45300b3eb77b06605a92


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4c652ce568f486e589c44c3f02894b3e


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/10/2011


meet_title: Waikato RC - 2 October 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "80", "Total": "49.6", "kmprice": 49.600000000000001, "Approved": "on"}]


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: GTankard


meet_pm2: none


name: Waikato RC