Canterbury JC – 5 March 2009 –

hearingid: 5bb7dbf2c8e07641a461b0269783920d

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hearing_racingtype: thoroughbred-racing

startdate: 05/03/2009

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hearing_title: Canterbury JC - 5 March 2009 -

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Following the running of Race 4, CRT Feedbarn/McMillans Equine Feed Rating 70, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr J D Laking, alleging a breach of Rule 871 (1) (d) in that Mr Laking “allowed his mount, VOLIERA, to shift outwards causing a check to PEBBLE (N L Collett) when not sufficiently clear near the 50 metres”.

DECISION AND REASONS:

Following the running of Race 4, CRT Feedbarn/McMillans Equine Feed Rating 70, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr J D Laking, alleging a breach of Rule 871 (1) (d) in that Mr Laking “allowed his mount, VOLIERA, to shift outwards causing a check to PEBBLE (N L Collett) when not sufficiently clear near the 50 metres”.

Mr Laking was present at the hearing of the information and admitted the breach. The charge was found proved accordingly.

Rule 871 provides as follows:

(1)  Every rider commits a breach of these Rules who in the opinion of the Judicial Committee is guilty of riding which was:

(d)  careless.

Mr M R Davidson, Stipendiary Steward, showed head-on and side-on video replays of the final stages of the Race. He pointed out Mr Laking on the fence inside the final 100 metres in behind the leader, MISS MOET (L M Robinson). Mr Laking then moved out forcing Miss Collett on his outside to check. When he came out, Mr Laking was only his own length clear and not his own length and another length, Mr Davidson submitted. As a consequence, Miss Collett was not in a position to ride her mount out to the finish and finished 4^th, a nose from 3^rd.

Mr Laking explained that he had probably “overcorrected”. He admitted that he had come out, probably a bit too quick. He did not know Miss Collett was there. Mr Laking said that his mount had been “going very well” and he was looking for room. Miss Collett had not called out to him and he was not aware, at the time, that he had done anything wrong. He had just come out too quickly, Mr laking said.

Mr Ching informed the Committee that Mr Laking was last charged with careless riding on 4.10.08 and, prior to that, on 28.3.08. On each of those occasions, he received a 4-days’ suspension. His record was “reasonably good” having regard to the number of rides he had, Mr Ching said. This breach was in the lower-to-middle range of carelessness. Mr Laking’s actions had, possibly, cost Miss Collett’s mount 4^th placing. Mr Laking should receive credit for his admission of the breach. Mr Ching recommended a suspension of between 4 and 6 days. 

Mr Laking informed the Committee that he had a ride in the New Zealand Oaks (Group 1) at Wellington on 14 March. He had weight problems but had recently got his weight under control and was riding comfortably at 54.5-55 kgs. He accepted that a suspension was called for but said that a term of suspension would not help his weight problems. He submitted that he had a good record for the number of rides he had. Mr Laking sought a deferment until after the meeting of Otago Racing Club at Oamaru on 7 March.

Following a deliberation, the Committee delivered the following oral decision:

“In determining penalty in this case, we have had particular regard to, firstly, Mr Laking’s very frank admission of the breach and, secondly, his record which Mr Ching acknowledged was good considering the number of rides that he has. We note that the last offence was in October of last year – some 5 months ago.

However, we do note Mr Ching’s submission that the interference to Miss Collett’s mount as a result of Mr Laking’s actions may have cost that horse 4^th placing in the Race. At the same time, we do agree with Mr Ching that the offence was in the lower to mid range of carelessness.

We would normally consider a term of suspension of 4 days as appropriate for this breach. However, we accept Mr Laking’s statement that the term of suspension will include a premier day at Wellington where, we also accept, Mr Laking would have had a ride in a Group 1 race. Opportunities for South Island riders to ride in Group 1 races are relatively rare. Taking that into account, we are going to come down on the side of leniency and impose a 3-days’ suspension. That will commence after the close or racing on this Saturday, 7 March, up to and including Sunday, 15 March – that is to say, 3 riding days one of which, as we said, is the premier meeting at Wellington on 14 March next”.  

R G McKenzie

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hearing_type: Old Hearing

Rules: 871.1.d

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