Hawkes Bay RI 30 August 2014 – R 3
ID: JCA16214
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 30 August 2014
Meet Chair:
NMoffatt
Meet Committee Member 1:
NMcCutcheon
Race Date:
2014/08/30
Race Number:
R 3
Decision:
As Mr Chui admitted the breach we found the charge proved.
Penalty:
Accordingly Mr Chui is suspended from riding from the conclusion of racing on Sunday August 31st up to and including racing on Sunday September 28th – four calendar weeks or 16 North Island riding days.
Facts:
Following the running of Race 3, Bay Ford Punter of the Year October 4th Mile, an Information was lodged by Mr R Neal alleging a breach of Rule 638(1) (d) in that Marco Chui shifted out near the 300m when not clear of PONDEROSA MISS which was taken out across the heels of CENTRE ATTENTION resulting in Daniel Hain (PONDEROSA MISS) being dislodged.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
When questioned by the Committee Mr Chui acknowledged that he understood the nature of the rule and confirmed he admitted the breach.
Mr Oatham used the video to identify the runners involved and outline the sequence of events. The incident occurred as the field entered the home straight at approximately the 350m mark. Mr Chui was midfield adjacent to the running rail when he angled his mount outwards when only half a length clear of PONDEROSA MISS who was improving to his outside. As a result PONDEROSA MISS was forced wider where she clipped the heels of CENTRE ATTENTION, blundered and dislodged rider D Hain. Four views of the incident were shown confirming Mr Oatham’s interpretation of events. Mr Oatham said once Mr Chui became aware of the interference he pulled his mount off but it was well and truly after the incident had occurred.
Mr Chui admitted shifting out and told the committee that once he made contact with PONDEROSA MISS his own mount NIGELISSIMA became unbalanced and this made the incident worse. He heard calling from Mr Hain and pulled his horse off but it was too late. Mr Chui added he hadn’t had many rides in New Zealand and maybe his riding had been too aggressive.
Submissions for Penalty:
Mr Neal told the committee Mr Chui had a clear record but asked Mr Oatham to outline his previous riding history. Mr Chui rode in Hong Kong before spending two years in Perth. He had a year off and has been riding in New Zealand for two months. Mr Oatham said Mr Chui arrived in the middle of a New Zealand winter and was not used to the very wet tracks, today being his first time riding on a better surface.
Mr Neal submitted that the severity of the breach was at the highest end and there was little in the way of mitigation apart from when first confronted with the charge Mr Chui readily admitted his wrong doing. The main aggravating factor was a veterinary examination of PONDEROSA MISS which revealed significant injuries below her left eye which would almost definitely end her racing career. Mr Neal said it was highly probable that the injury occurred when PONDEROSA MISS made contact with the heels of CENTRE ATTENTION. Mr Neal submitted that the starting point for penalty should be a four week suspension with aggravating and mitigating factors applied accordingly.
Mr Chui said he had heard and understood the submissions from the Stewards and believed, because he had ridden carelessly, those submissions were fair.
Reasons for Penalty:
In coming to a decision on penalty the committee took into account all of the submissions presented.
In assessing the severity of the breach we took into account the fact that Mr Chui angled out abruptly when only half a length clear of PONDEROSA MISS. He was attempting to shift to the outside of FLINT when there was insufficient room to do so. In our opinion this placed the degree of carelessness at the high end. Mr Chui may be new to riding in New Zealand but he is an experienced jockey nonetheless and we would have expected a higher level of care than that displayed in this instance. This committee would not have been surprised if Mr Chui had been charged with a more serious breach of the rules.
The consequences of his carelessness were also at the high end with PONDEROSA MISS clipping a heel and the rider being dislodged. We were mindful of other instances of riders being brought down where penalties of 10 – 13 day suspensions had been imposed. An aggravating factor was the Stewards’ submission that injuries sustained by the horse may prevent it from racing again. In our opinion any penalty had to be substantially in excess of the usual five days applied for careless riding. In the past top end penalties for careless riding charges have been one month maximum.
Mr Chui certainly displayed poor judgement but it must be stated that there was no suggestion by the RIU that there was any deliberate or intentional action by Mr Chui. If the RIU had believed so, perhaps they would have charged Mr Chui with a more serious breach of the rules.
Mitigating factors were Mr Chui’s admission of the breach and his clear record.
Balancing up both aggravating and mitigating factors it was our opinion that a four week suspension was an appropriate penalty. Mr Chui advised that his only confirmed riding commitments within the next seven days were his rides on Sunday at Te Aroha.
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: cb379c0acef8439a09a1e1a6b30dc867
informantnumber: A3314
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 28/08/2014
hearing_title: Hawkes Bay RI 30 August 2014 - R 3
charge:
facts:
Following the running of Race 3, Bay Ford Punter of the Year October 4th Mile, an Information was lodged by Mr R Neal alleging a breach of Rule 638(1) (d) in that Marco Chui shifted out near the 300m when not clear of PONDEROSA MISS which was taken out across the heels of CENTRE ATTENTION resulting in Daniel Hain (PONDEROSA MISS) being dislodged.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
When questioned by the Committee Mr Chui acknowledged that he understood the nature of the rule and confirmed he admitted the breach.
Mr Oatham used the video to identify the runners involved and outline the sequence of events. The incident occurred as the field entered the home straight at approximately the 350m mark. Mr Chui was midfield adjacent to the running rail when he angled his mount outwards when only half a length clear of PONDEROSA MISS who was improving to his outside. As a result PONDEROSA MISS was forced wider where she clipped the heels of CENTRE ATTENTION, blundered and dislodged rider D Hain. Four views of the incident were shown confirming Mr Oatham’s interpretation of events. Mr Oatham said once Mr Chui became aware of the interference he pulled his mount off but it was well and truly after the incident had occurred.
Mr Chui admitted shifting out and told the committee that once he made contact with PONDEROSA MISS his own mount NIGELISSIMA became unbalanced and this made the incident worse. He heard calling from Mr Hain and pulled his horse off but it was too late. Mr Chui added he hadn’t had many rides in New Zealand and maybe his riding had been too aggressive.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Chui admitted the breach we found the charge proved.
sumissionsforpenalty:
Mr Neal told the committee Mr Chui had a clear record but asked Mr Oatham to outline his previous riding history. Mr Chui rode in Hong Kong before spending two years in Perth. He had a year off and has been riding in New Zealand for two months. Mr Oatham said Mr Chui arrived in the middle of a New Zealand winter and was not used to the very wet tracks, today being his first time riding on a better surface.
Mr Neal submitted that the severity of the breach was at the highest end and there was little in the way of mitigation apart from when first confronted with the charge Mr Chui readily admitted his wrong doing. The main aggravating factor was a veterinary examination of PONDEROSA MISS which revealed significant injuries below her left eye which would almost definitely end her racing career. Mr Neal said it was highly probable that the injury occurred when PONDEROSA MISS made contact with the heels of CENTRE ATTENTION. Mr Neal submitted that the starting point for penalty should be a four week suspension with aggravating and mitigating factors applied accordingly.
Mr Chui said he had heard and understood the submissions from the Stewards and believed, because he had ridden carelessly, those submissions were fair.
reasonsforpenalty:
In coming to a decision on penalty the committee took into account all of the submissions presented.
In assessing the severity of the breach we took into account the fact that Mr Chui angled out abruptly when only half a length clear of PONDEROSA MISS. He was attempting to shift to the outside of FLINT when there was insufficient room to do so. In our opinion this placed the degree of carelessness at the high end. Mr Chui may be new to riding in New Zealand but he is an experienced jockey nonetheless and we would have expected a higher level of care than that displayed in this instance. This committee would not have been surprised if Mr Chui had been charged with a more serious breach of the rules.
The consequences of his carelessness were also at the high end with PONDEROSA MISS clipping a heel and the rider being dislodged. We were mindful of other instances of riders being brought down where penalties of 10 – 13 day suspensions had been imposed. An aggravating factor was the Stewards’ submission that injuries sustained by the horse may prevent it from racing again. In our opinion any penalty had to be substantially in excess of the usual five days applied for careless riding. In the past top end penalties for careless riding charges have been one month maximum.
Mr Chui certainly displayed poor judgement but it must be stated that there was no suggestion by the RIU that there was any deliberate or intentional action by Mr Chui. If the RIU had believed so, perhaps they would have charged Mr Chui with a more serious breach of the rules.
Mitigating factors were Mr Chui’s admission of the breach and his clear record.
Balancing up both aggravating and mitigating factors it was our opinion that a four week suspension was an appropriate penalty. Mr Chui advised that his only confirmed riding commitments within the next seven days were his rides on Sunday at Te Aroha.
penalty:
Accordingly Mr Chui is suspended from riding from the conclusion of racing on Sunday August 31st up to and including racing on Sunday September 28th – four calendar weeks or 16 North Island riding days.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr R Neal - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr M Chui - Licensed Rider
Otherperson: Mr J Oatham Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 4b25226db742f45061fcd0f93bf685ba
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 852874ef1a3ff42b23421eddbd11b357
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/08/2014
meet_title: Hawkes Bay RI - 30 August 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: NMcCutcheon
meet_pm2: none
name: Hawkes Bay RI