Central Otago RC 26 February 2016 – R 6 – Chair, Prof G Hall
ID: JCA16574
Code:
Thoroughbred
Meet Title:
Central Otago RC - 26 February 2016
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2016/02/26
Race Number:
R 6
Decision:
As Mr Chui has admitted the breach, we find it proved.
Penalty:
After giving credit to Mr Chui’s admission of the breach, his excellent record and his evident contrition, we impose a fine of $400. We remind Mr Chui in no uncertain terms of his obligations under the Rules of Racing.
Facts:
Mr McLaughlin alleged that Mr Chui misconducted himself after the finishing line when making physical contact with Mr J Lowry.
Rule 340 states: “A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct herself in any matter relating to the conduct of Races or racing.”
Mr McLaughlin stated that on pulling up after race 6 Mr Chui had words with Mr Lowry. He said words had then been exchanged between the jockeys and Mr Chui had waved his whip at Mr Lowry. This culminated in physical contact, which Mr McLaughlin described as a tap by Mr Chui on Mr Lowry’s shoulder.
There was no video evidence of the incident.
Mr McLaughlin explained there had been a buffeting incident in the race at the 600 metres when Mr Chui became “the meat in the sandwich” when Mr Lowry shifted in and Mr Callaway moved out.
Mr Chui acknowledged he had tapped Mr Lowry on the shoulder as the two of them were pulling up their horses after the race. He said he was angry that he had had to take hold of his mount and check out of his position at the 600 metres. He believed Mr Lowry’s actions had created a dangerous situation. He had pointed this out to Mr Lowry and had tapped him on the shoulder to get his attention. He was angered by Mr Lowry’s denial of responsibility for the incident and his placing the blame on Mr Chui.
Submissions for Penalty:
Mr McLaughlin produced Mr Chui’s record, which was clear under this rule. He said physical contact between jockeys at the end of a race was to be viewed as a serious breach of the misconduct rule. He submitted a fine of not less than $500 was appropriate.
Mr Chui stated this was the first time in his career that he had made contact with another jockey on pulling up after a race. He reiterated that he was remorseful and had admitted the breach at the first opportunity. He submitted a lesser fine than $500 was appropriate.
Reasons for Penalty:
The Penalty Guide states the penalty for a breach of r 340 is fact dependent. We impose sentence on the basis that the force used was a tap to Mr Lowry’s shoulder. We accept Mr Chui was aggrieved at being badly checked at the 600 metres. While this fact does not excuse his behaviour, of course, it does place his actions in context. This, notwithstanding, any deliberate physical contact between jockeys on pulling up has to be viewed seriously. We believe the sum submitted by Mr McLaughlin to be the appropriate penalty is very close to the mark.
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: c7a68b220c184c34dfd63a39463e9a85
informantnumber: 6372
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Misconduct
plea: admitted
penaltyrequired: 1
decisiondate: 01/03/2016
hearing_title: Central Otago RC 26 February 2016 - R 6 - Chair, Prof G Hall
charge:
facts:
Mr McLaughlin alleged that Mr Chui misconducted himself after the finishing line when making physical contact with Mr J Lowry.
Rule 340 states: “A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct herself in any matter relating to the conduct of Races or racing.”
Mr McLaughlin stated that on pulling up after race 6 Mr Chui had words with Mr Lowry. He said words had then been exchanged between the jockeys and Mr Chui had waved his whip at Mr Lowry. This culminated in physical contact, which Mr McLaughlin described as a tap by Mr Chui on Mr Lowry’s shoulder.
There was no video evidence of the incident.
Mr McLaughlin explained there had been a buffeting incident in the race at the 600 metres when Mr Chui became “the meat in the sandwich” when Mr Lowry shifted in and Mr Callaway moved out.
Mr Chui acknowledged he had tapped Mr Lowry on the shoulder as the two of them were pulling up their horses after the race. He said he was angry that he had had to take hold of his mount and check out of his position at the 600 metres. He believed Mr Lowry’s actions had created a dangerous situation. He had pointed this out to Mr Lowry and had tapped him on the shoulder to get his attention. He was angered by Mr Lowry’s denial of responsibility for the incident and his placing the blame on Mr Chui.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Chui has admitted the breach, we find it proved.
sumissionsforpenalty:
Mr McLaughlin produced Mr Chui’s record, which was clear under this rule. He said physical contact between jockeys at the end of a race was to be viewed as a serious breach of the misconduct rule. He submitted a fine of not less than $500 was appropriate.
Mr Chui stated this was the first time in his career that he had made contact with another jockey on pulling up after a race. He reiterated that he was remorseful and had admitted the breach at the first opportunity. He submitted a lesser fine than $500 was appropriate.
reasonsforpenalty:
The Penalty Guide states the penalty for a breach of r 340 is fact dependent. We impose sentence on the basis that the force used was a tap to Mr Lowry’s shoulder. We accept Mr Chui was aggrieved at being badly checked at the 600 metres. While this fact does not excuse his behaviour, of course, it does place his actions in context. This, notwithstanding, any deliberate physical contact between jockeys on pulling up has to be viewed seriously. We believe the sum submitted by Mr McLaughlin to be the appropriate penalty is very close to the mark.
penalty:
After giving credit to Mr Chui’s admission of the breach, his excellent record and his evident contrition, we impose a fine of $400. We remind Mr Chui in no uncertain terms of his obligations under the Rules of Racing.
hearing_type: Hearing
Rules: 340
Informant: Mr McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr M Chui - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3ece637a7ce3e26e5c6af2f9212e657c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e0cb03277a54dc030488ee36e47f699c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/02/2016
meet_title: Central Otago RC - 26 February 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: central-otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Central Otago RC