Archive Decision

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Waikato RC 18 May 2013 – R 8

ID: JCA18063

Applicant:
Mr R Neal - Co Chief Stipendiary Steward

Respondent(s):
Ms K Chiong - Apprentice Rider of ARNOLD

Other Person:
Mr G Richardson - Trainer, assisting Ms Chiong, Mr M Williamson - Stipendiary Steward

Information Number:
A3491

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 18 May 2013

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2013/05/18

Race Number:
R8

Decision:

As Ms Chiong admitted the breach we find the charge proved.

Penalty:

We grant Ms Chiong's request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Ms Chiong which will commence after racing on 25th May and conclude after racing on the 1st June 2013 (5 days).

The penalty did not include any South Island meetings as Mr Richardson on behalf of Ms Chiong confirmed that she did not intend riding at any upcoming South Island meetings.

Charge:

Following race 8, PGG Wrightson Grain Premier, an information was filed pursuant to Rule 638(1)(d). The Informant, Mr Neal, alleged that near the 800 metres Ms K Chiong allowed her mount ARNOLD to shift out when not clear of HEART OF DARKNESS (B Hutton) which was dictated out, into the line of BOB VALDEZ (V Gatu) which was checked.

Mr Richardson acknowledged that Ms Chiong understood the nature of the charge and the Rule.

Rule 638 (1) (d) states: "a rider shall not ride a horse in a manner which the Judicial Committee considers careless".

Facts:

Mr Williamson demonstrated the incident by using all the available films. He pointed out to the Committee that approaching the 800 metre mark Ms Chiong allowed her mount Arnold to shift out when a bare length clear. This resulted in Heart of Darkness having to move off the heels of Arnold and was checked. As a consequence Bob Valdez who was following Heart of Darkness was also checked and lost ground.

Mr Richardson told the Committee that he viewed the level of carelessness at the low end. He said Ms Chiong failed to take the 800 metre turn correctly when allowing her mount to shift out.

Ms Chiong had nothing further to add.

Submissions for Penalty:

Mr Neal produced Ms Chiong's record which showed 1 previous breach under this rule in the last 12 months. He submitted the level of carelessness is at the low end. He said Ms Chiong failed to take the corner at the 800 metres which crowded Heart of Darkness onto Bob Valdez who received a significant check. He submitted an appropriate penalty would be a suspension at the lower end.

Mr Richardson submitted that Ms Chiong had firm commitments up to and including May 25 and requested a deferment to her proposed suspension. He confirmed to the Committee that Ms Chiong only rode in the North Island.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Ms Chiong's admission of the breach, her good record and she is an inexperienced apprentice rider. The aggravating fact is Ms Chiong was a bare length clear when moving out which resulted in 3 horses being checked. When reviewing the incident we note that Fort Lincoln which was racing immediately behind Bob Valdez was also hampered and taken wider to avoid the interference.

We assess the level of carelessness as low to mid range.

After taking into account all the above factors we independently assess an appropriate penalty is a 5 day suspension.

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: e889c9fa87560f694c948615ab909753


informantnumber: A3491


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 07/05/2013


hearing_title: Waikato RC 18 May 2013 - R 8


charge:

Following race 8, PGG Wrightson Grain Premier, an information was filed pursuant to Rule 638(1)(d). The Informant, Mr Neal, alleged that near the 800 metres Ms K Chiong allowed her mount ARNOLD to shift out when not clear of HEART OF DARKNESS (B Hutton) which was dictated out, into the line of BOB VALDEZ (V Gatu) which was checked.

Mr Richardson acknowledged that Ms Chiong understood the nature of the charge and the Rule.

Rule 638 (1) (d) states: "a rider shall not ride a horse in a manner which the Judicial Committee considers careless".


facts:

Mr Williamson demonstrated the incident by using all the available films. He pointed out to the Committee that approaching the 800 metre mark Ms Chiong allowed her mount Arnold to shift out when a bare length clear. This resulted in Heart of Darkness having to move off the heels of Arnold and was checked. As a consequence Bob Valdez who was following Heart of Darkness was also checked and lost ground.

Mr Richardson told the Committee that he viewed the level of carelessness at the low end. He said Ms Chiong failed to take the 800 metre turn correctly when allowing her mount to shift out.

Ms Chiong had nothing further to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Chiong admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Neal produced Ms Chiong's record which showed 1 previous breach under this rule in the last 12 months. He submitted the level of carelessness is at the low end. He said Ms Chiong failed to take the corner at the 800 metres which crowded Heart of Darkness onto Bob Valdez who received a significant check. He submitted an appropriate penalty would be a suspension at the lower end.

Mr Richardson submitted that Ms Chiong had firm commitments up to and including May 25 and requested a deferment to her proposed suspension. He confirmed to the Committee that Ms Chiong only rode in the North Island.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Ms Chiong's admission of the breach, her good record and she is an inexperienced apprentice rider. The aggravating fact is Ms Chiong was a bare length clear when moving out which resulted in 3 horses being checked. When reviewing the incident we note that Fort Lincoln which was racing immediately behind Bob Valdez was also hampered and taken wider to avoid the interference.

We assess the level of carelessness as low to mid range.

After taking into account all the above factors we independently assess an appropriate penalty is a 5 day suspension.


penalty:

We grant Ms Chiong's request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Ms Chiong which will commence after racing on 25th May and conclude after racing on the 1st June 2013 (5 days).

The penalty did not include any South Island meetings as Mr Richardson on behalf of Ms Chiong confirmed that she did not intend riding at any upcoming South Island meetings.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr R Neal - Co Chief Stipendiary Steward


JockeysandTrainer: Ms K Chiong - Apprentice Rider of ARNOLD


Otherperson: Mr G Richardson - Trainer, assisting Ms Chiong, Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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race_emailed1: 0


race_emailed2: 0


race_title: R8


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meetdate: 18/05/2013


meet_title: Waikato RC - 18 May 2013


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tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


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name: Waikato RC