South Canterbury RC 13 July 2018 – R 3 – Chair, Mr S Ching
ID: JCA17137
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 13 July 2018
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2018/07/13
Race Number:
R3
Decision:
As Mr Kwo had admitted the breach, the charge was found proved.
Penalty:
Mr Kwo is suspended from the conclusion of racing today 13 July up to and including 26 July 2018.
Facts:
Following the running of Race 3, the Equine Veterinary Services Maiden Dash 1200m, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr K Kwo, in that he permitted his mount TAKE ME THERE, to shift inwards when not sufficiently clear of FOLLOW THE STARS, ridden by Miss S Collett, which was checked near the 950m.
Rule 638(1)(d) provides as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Kwo had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Kwo also agreed that he understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Kwo at the hearing.
Mr Wadley, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and used video coverage to show that approaching the 950m, TAKE ME THERE, ridden by Mr Kwo, was racing wide on the track and looking to find a position closer to the rail. FOLLOW THE STARS, ridden by Miss S Collett, was racing approximately 5 horses off the rail, also looking for a position nearer the rail and racing inside Mr Kwo. Using back straight films, Mr Davidson pointed out Mr Kwo on an inward movement which crossed the rightful line of Miss Collett’s mount causing her to check. Mr Davidson also used side on video replays to show that Mr Kwo was only 1¼ lengths ahead of Miss Collett, not the required 2 lengths.
Mr Kwo stated that before he shifted in he saw Miss Collett easing back to allow him to cross her. He said he obviously misjudged it and didn’t allow enough room for Miss Collett.
Mr Walsh made comment that Miss Collett’s mount did have its head up prior to this incident and when she went to steady it, the horse got its head higher and did not comeback to her. This he said did not help the situation.
Submissions for Penalty:
Mr Wadley stated that Mr Kwo had a very good record which showed only 1 suspension over the previous 12 months being a 4 National Day suspension at Marlborough on 29 April. Mr Wadley said that the breach was mid to low mid-level which he suggested would indicate a starting point of 7 National days. He stated that he would leave it up the Committee to determine an appropriate penalty.
Mr Walsh stated that it was inevitable that a suspension is imposed. He asked that consideration be given due to it being a difficult time of the year for South Island riders with very few opportunities over the next couple of months. He said that any suspension at this time of the year is very detrimental to riders. He also asked that Mr Kwo’s good record be taken into consideration.
Deferment was not discussed as there were no relevant meetings for Mr Kwo over the next applicable 7 days. Riders for Whangarei and Wellington on 14 July were declared and would not be included in any suspension imposed.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 6 National day suspension for a low-level breach of this rule. We agreed with Mr Wadley that this breach was above low range and therefore have adopted a 7-day starting point. There were no aggravating factors to consider, therefore no uplift in penalty was warranted. However, Mr Kwo's good record and is admission of the breach are mitigating factors, worthy of a discount. This discount we set at 1 day. We therefore determined that a 6 National day suspension was an appropriate penalty.
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: d19c642852f5d929277a2fadf2e08b88
informantnumber: A8622
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 15/07/2018
hearing_title: South Canterbury RC 13 July 2018 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Equine Veterinary Services Maiden Dash 1200m, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr K Kwo, in that he permitted his mount TAKE ME THERE, to shift inwards when not sufficiently clear of FOLLOW THE STARS, ridden by Miss S Collett, which was checked near the 950m.
Rule 638(1)(d) provides as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Kwo had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Kwo also agreed that he understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Kwo at the hearing.
Mr Wadley, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and used video coverage to show that approaching the 950m, TAKE ME THERE, ridden by Mr Kwo, was racing wide on the track and looking to find a position closer to the rail. FOLLOW THE STARS, ridden by Miss S Collett, was racing approximately 5 horses off the rail, also looking for a position nearer the rail and racing inside Mr Kwo. Using back straight films, Mr Davidson pointed out Mr Kwo on an inward movement which crossed the rightful line of Miss Collett’s mount causing her to check. Mr Davidson also used side on video replays to show that Mr Kwo was only 1¼ lengths ahead of Miss Collett, not the required 2 lengths.
Mr Kwo stated that before he shifted in he saw Miss Collett easing back to allow him to cross her. He said he obviously misjudged it and didn’t allow enough room for Miss Collett.
Mr Walsh made comment that Miss Collett’s mount did have its head up prior to this incident and when she went to steady it, the horse got its head higher and did not comeback to her. This he said did not help the situation.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Kwo had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Wadley stated that Mr Kwo had a very good record which showed only 1 suspension over the previous 12 months being a 4 National Day suspension at Marlborough on 29 April. Mr Wadley said that the breach was mid to low mid-level which he suggested would indicate a starting point of 7 National days. He stated that he would leave it up the Committee to determine an appropriate penalty.
Mr Walsh stated that it was inevitable that a suspension is imposed. He asked that consideration be given due to it being a difficult time of the year for South Island riders with very few opportunities over the next couple of months. He said that any suspension at this time of the year is very detrimental to riders. He also asked that Mr Kwo’s good record be taken into consideration.
Deferment was not discussed as there were no relevant meetings for Mr Kwo over the next applicable 7 days. Riders for Whangarei and Wellington on 14 July were declared and would not be included in any suspension imposed.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 6 National day suspension for a low-level breach of this rule. We agreed with Mr Wadley that this breach was above low range and therefore have adopted a 7-day starting point. There were no aggravating factors to consider, therefore no uplift in penalty was warranted. However, Mr Kwo's good record and is admission of the breach are mitigating factors, worthy of a discount. This discount we set at 1 day. We therefore determined that a 6 National day suspension was an appropriate penalty.
penalty:
Mr Kwo is suspended from the conclusion of racing today 13 July up to and including 26 July 2018.
hearing_type: Hearing
Rules: 638(1)(d
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr K Kwo - Licensed Class B Apprentice Rider
Otherperson: Mr D Walsh - Apprentice Jockey Mentor assisting Mr Kwo, Mr D Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 712eb093c358c1a80f23f9a8af8a69e3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b73348652640efa1182c46d88df1c30e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/07/2018
meet_title: South Canterbury RC - 13 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: South Canterbury RC