Canterbury R 21 March 2020 – R 8 – Chair, Mr S Ching
ID: JCA16501
Code:
Thoroughbred
Meet Title:
Canterbury JC - 21 March 2020
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2020/03/21
Race Number:
R 8
Decision:
Mr Laking having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Laking is suspended from the conclusion of racing 23 March up to and including 2 April 2020. Mr Laking is, in addition, fined the sum of $200.
Facts:
Following the running of Race 8, Valachi Downs South Island Thoroughbred Breeders Group 3, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Mr J Laking, alleging that, as the rider of BENEFICIAL in the race, he struck his mount excessively prior to the 100m.
Mr Laking was present at the hearing of the information and had endorsed the information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Laking riding BENEFICIAL, positioned approximately 10 wide and in contention approaching the 200m. He said that Mr Laking drew the whip and used it on 9 occasions, with the last 4 strikes consecutively, prior to the 100m. Mr Oatham stated that it was the sheer number of strikes prior to the 100m that brought about the charge.
Mr Laking elected to make no submissions.
Submissions for Penalty:
Mr Oatham told the Committee that Mr Laking’s record showed a prior breach on 14 January at Westland where he was fined $300. He said that the JCA Penalty Guide provides a stating point of a 6 day suspension and a fine at the committee's discretion (not exceeding the rider's percentage of prize money) where the breach is 9 strikes or more in a Group or Feature race, as this was. Of note he said, was that Mr Laking finished in 3rd place. Mr Oatham submitted a suspension and fine commensurate with the Penalty Guide be considered as penalty in this case.
Mr Laking elected to make no submissions in regard to penalty apart from requesting any suspension to start as soon as possible.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6-day suspension and a fine, at the committee’s discretion for a breach with 9 strikes in a Group race. The starting point of 6 days is for a mid-range breach which this Committee, after consideration of all factors, determined that this particular offence, was. We therefore determined that a 6 National day suspension was appropriate. In addition to the suspension, we decided that as Mr Laking had finished in 3rd placing, a fine not exceeding the rider’s percentage, should be imposed. This fine we set at $200.
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: bcc2fc9dbec08efac0a46cce1a5053b8
informantnumber: A12816
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/03/2020
hearing_title: Canterbury R 21 March 2020 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, Valachi Downs South Island Thoroughbred Breeders Group 3, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Mr J Laking, alleging that, as the rider of BENEFICIAL in the race, he struck his mount excessively prior to the 100m.
Mr Laking was present at the hearing of the information and had endorsed the information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Laking riding BENEFICIAL, positioned approximately 10 wide and in contention approaching the 200m. He said that Mr Laking drew the whip and used it on 9 occasions, with the last 4 strikes consecutively, prior to the 100m. Mr Oatham stated that it was the sheer number of strikes prior to the 100m that brought about the charge.
Mr Laking elected to make no submissions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Laking having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Mr Laking’s record showed a prior breach on 14 January at Westland where he was fined $300. He said that the JCA Penalty Guide provides a stating point of a 6 day suspension and a fine at the committee's discretion (not exceeding the rider's percentage of prize money) where the breach is 9 strikes or more in a Group or Feature race, as this was. Of note he said, was that Mr Laking finished in 3rd place. Mr Oatham submitted a suspension and fine commensurate with the Penalty Guide be considered as penalty in this case.
Mr Laking elected to make no submissions in regard to penalty apart from requesting any suspension to start as soon as possible.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6-day suspension and a fine, at the committee’s discretion for a breach with 9 strikes in a Group race. The starting point of 6 days is for a mid-range breach which this Committee, after consideration of all factors, determined that this particular offence, was. We therefore determined that a 6 National day suspension was appropriate. In addition to the suspension, we decided that as Mr Laking had finished in 3rd placing, a fine not exceeding the rider’s percentage, should be imposed. This fine we set at $200.
penalty:
Accordingly, Mr Laking is suspended from the conclusion of racing 23 March up to and including 2 April 2020. Mr Laking is, in addition, fined the sum of $200.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr J Laking - Licensed Jockey (Class A)
Otherperson: Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7f7f90df9dad6c9cc25e5c140b31fbbf
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: f4fb30429081ae677fb3011eafbf2ec1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/03/2020
meet_title: Canterbury JC - 21 March 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury JC