Archive Decision

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Ashburton RC – 5 July 2009 – Race 3

ID: JCA19653

Hearing Type:
Old Hearing

Rules:
876.1.d, 871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Ashburton RC - 5 July 2009

Race Date:
2009/07/05

Race Number:
Race 3

Decision:

Information 7485 alleging a breach of the Rules of Racing, Rule 876(1)(d) in that Mr Jason Laking allowed his mount “Neorion Bay Poros” to shift out inside the 100 metres causing “Albuferia” (CW Johnson) to check.



Information 7485 alleging a breach of the Rules of Racing, Rule 876(1)(d) in that Mr Jason Laking allowed his mount “Neorion Bay Poros” to shift out inside the 100 metres causing “Albuferia” (CW Johnson) to check.

--

Informant - Mr S Ching, Stipendiary Steward

--

THE FACTS

--

Following on from the protest hearing into Race 3 at the Ashburton Racing Club’s meeting on Sunday 5th July 2009, Licensed Jockey, JW Laking, was charged with careless riding pursuant to Rule 871(1)(d) of the Rules of Racing.  It was alleged that he allowed his mount, “Neorion Bay Poros” to shift out inside the 100 metres, causing “Albuferia” (CW Johnson) to check.

--

Mr Laking admitted the charge which was therefore deemed to be proved.

--

The evidence that was presented in the protest hearing was, with the consent of Mr Ching and Mr Laking, adopted for the purposes of this hearing.

--

In explanation, Mr Laking said that he heard Licensed Jockey CW Johnson call out.  Mr Laking knew his mount was running out, but said that he did not come into contact with “Albuferia”.

--

Mr Ching told the hearing that Mr Laking has been suspended for careless riding three times during the 2008/2009 racing season.  He was suspended for four days on 4 October 2008, three days on 5 March 2009, both at the Canterbury Jockey Club, and for four days on 5 April 2009, at Dunedin. 

--

Mr Ching observed that Mr Laking did not stop using his whip, and that a relegation occurred therefore affecting the fortunes of the connection of the horse, and the betting public.  He also said that he considered the carelessness in the medium to high range, and called for a suspension of between four and six days.  Mr Ching acknowledged that Mr Laking was a well respected rider.  Mr Laking, in response, said he did not have any particular submission to make other than to say that Mr Ching had stated matters very fairly.

--


PENALTY DECISION

--

We have taken all matters into account, particularly the fact that there was a relegation and also the fact that Mr Laking knew his mount was running out, and that he took no steps to correct his line. 

--

We agree that a suspension is an appropriate penalty which we are going to set at five days.  This will encompass meetings at Waimate on 12 July, Oamaru on 17 July, South Canterbury on 19 July, Oamaru on 26 July and the Canterbury Jockey Club on 1 August.

--

For the record, we confirm that Mr Laking advised the hearing that he rides exclusively in the South Island and that he did not seek a deferment of the coming into effect of the period of suspension.  Mr Laking is therefore suspended from the conclusion of racing today, 5 July 2009, until the conclusion of racing on Saturday 1 August 2009.

--

KG Hales
CHAIR
7485

--


 

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: 523bacd6997c063582e34e2c9555c320


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 05/07/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Ashburton RC - 5 July 2009 - Race 3


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Information 7485 alleging a breach of the Rules of Racing, Rule 876(1)(d) in that Mr Jason Laking allowed his mount “Neorion Bay Poros” to shift out inside the 100 metres causing “Albuferia” (CW Johnson) to check.



Information 7485 alleging a breach of the Rules of Racing, Rule 876(1)(d) in that Mr Jason Laking allowed his mount “Neorion Bay Poros” to shift out inside the 100 metres causing “Albuferia” (CW Johnson) to check.

--

Informant - Mr S Ching, Stipendiary Steward

--

THE FACTS

--

Following on from the protest hearing into Race 3 at the Ashburton Racing Club’s meeting on Sunday 5th July 2009, Licensed Jockey, JW Laking, was charged with careless riding pursuant to Rule 871(1)(d) of the Rules of Racing.  It was alleged that he allowed his mount, “Neorion Bay Poros” to shift out inside the 100 metres, causing “Albuferia” (CW Johnson) to check.

--

Mr Laking admitted the charge which was therefore deemed to be proved.

--

The evidence that was presented in the protest hearing was, with the consent of Mr Ching and Mr Laking, adopted for the purposes of this hearing.

--

In explanation, Mr Laking said that he heard Licensed Jockey CW Johnson call out.  Mr Laking knew his mount was running out, but said that he did not come into contact with “Albuferia”.

--

Mr Ching told the hearing that Mr Laking has been suspended for careless riding three times during the 2008/2009 racing season.  He was suspended for four days on 4 October 2008, three days on 5 March 2009, both at the Canterbury Jockey Club, and for four days on 5 April 2009, at Dunedin. 

--

Mr Ching observed that Mr Laking did not stop using his whip, and that a relegation occurred therefore affecting the fortunes of the connection of the horse, and the betting public.  He also said that he considered the carelessness in the medium to high range, and called for a suspension of between four and six days.  Mr Ching acknowledged that Mr Laking was a well respected rider.  Mr Laking, in response, said he did not have any particular submission to make other than to say that Mr Ching had stated matters very fairly.

--


PENALTY DECISION

--

We have taken all matters into account, particularly the fact that there was a relegation and also the fact that Mr Laking knew his mount was running out, and that he took no steps to correct his line. 

--

We agree that a suspension is an appropriate penalty which we are going to set at five days.  This will encompass meetings at Waimate on 12 July, Oamaru on 17 July, South Canterbury on 19 July, Oamaru on 26 July and the Canterbury Jockey Club on 1 August.

--

For the record, we confirm that Mr Laking advised the hearing that he rides exclusively in the South Island and that he did not seek a deferment of the coming into effect of the period of suspension.  Mr Laking is therefore suspended from the conclusion of racing today, 5 July 2009, until the conclusion of racing on Saturday 1 August 2009.

--

KG Hales
CHAIR
7485

--


 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 876.1.d, 871.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 0b8220bcb8393525bd32d85a58a5a7cc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 739be39b74c0d3d7c0dfa508875f07cf


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/07/2009


meet_title: Ashburton RC - 5 July 2009


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-rc


meet_racingtype: thoroughbred-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Ashburton RC