Marlborough RC 29 April 2018 – R 1 – Chair, Mr M Conway
ID: JCA20893
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Marlborough RC - 29 April 2018
Meet Chair:
PWilliams
Meet Committee Member 1:
MConway
Race Date:
2018/04/29
Race Number:
R 1
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr M Davidson - Stipendiary Steward
Respondent: Mr K Kwo – Apprentice Jockey
Information No: A8161
Meeting: Marlborough Racing Club
Date: 29 April 2018
Venue: Waterlea Racecourse, Blenheim
Race No: 1
Rule No: 638(1)(d)
Judicial Committee: Mr M Conway, Chairman – Mr P Williams, Committee Member
Also Present: Mr J McLaughlin – Stipendiary Steward, Mr D Walsh - NZTR Jockey Mentor assisting Mr Kwo
Charge: Careless riding
Plea: Admitted
Evidence:
Following the running of Race 1, the Brian Gardiner Clean Maiden 1000, an Information was filed by Stipendiary Steward, Mr Davidson, against Apprentice Rider, Mr K Kwo, alleging that he “permitted his mount to shift inwards near the 150 mts (metres) when not clear, causing MATHIEU (J Bassett) to be crowded and checked.”
Rule 638 states:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless
Mr Kwo admitted the breach and appeared at the hearing assisted by Mr Walsh. Mr Kwo confirmed he understood the rule under which he had been charged.
Mr McLaughlin referred to the available race films and identified BLAIR FLIGHT, ridden by Mr Kwo, in the home straight in the middle of the track. Approaching the 150 metre mark, Mr Kwo called upon BLAIR FLIGHT with 3 whip strikes before continuing to urge the horse on under strong riding. The head-on film, in particular, clearly showed BLAIR FLIGHT veering inwards at this stage of the race, crowding MATHIEU (J Bassett) and checking that runner.
Mr Davidson said the “damage was done” by the time Mr Kwo paused his riding and attempted to relieve the inward pressure on Ms Bassett. She had established MATHIEU in the gap to the inside of Mr Kwo and “it was her run at all times,” Mr Davidson said.
WHERE ANGELS WALK (C Johnson) was positioned inside Ms Bassett at the time of the incident and maintained a straight line of running until the crowding occurred, at which point WHERE ANGELS WALK ran out slightly. Mr Davidson said this outward movement was in response to the interference.
Mr Kwo said the incident occurred because BLAIR FLIGHT was green and had shied away from the whip. By the time he took hold of his horse, it was too late to avoid the interference. Mr Kwo said BLAIR FLIGHT had also caused him difficulty on the home bend on the first day of the meeting.
Mr Walsh said Mr Kwo was “a little bit slow to react” when BLAIR FLIGHT veered in after the use of the whip. He pointed out that the horse was having just its second race start and submitted that its greenness was a contributing factor. Mr Walsh accepted that Ms Bassett was entitled to be in the position she was when the incident occurred.
Decision:
Mr Kwo admitted the breach and it is found proved.
Submissions for Penalty:
Mr Davidson said Mr Kwo was a reasonably busy rider who had not been charged with careless riding or any other breach of the rules in the last 12 months. Such a record was to his credit. Stewards considered this breach to be at the low end in terms of severity. They took into account BLAIR FLIGHT’s greenness and the fact it had not run in very far due to the horses racing close together prior to the incident.
The JCA Penalty Guide provides for a starting point of a suspension of 6 national riding days for a careless riding breach held to be at the low end. Mr Davidson advanced no aggravating factors and said Mr Kwo should be given credit for his excellent record and admission of the breach.
Mr Kwo said he hoped any suspension would not be for too many days.
Mr Walsh said if the starting point of 6 national riding days was accepted, Mr Kwo should receive a one day discount for his admission and another one day discount for his excellent riding record. He believed this would be appropriate for what, in his view, was a low-end breach.
Mr Kwo did not wish to seek a deferment. He does however, have rides declared at the Riverton meeting on Wednesday 2 May 2018.
Reasons for Penalty:
We find that a starting point of a suspension 6 national riding days is appropriate for what we consider to be a low-end example of careless riding. This is in line with the JCA Penalty Guide. We take into account BLAIR FLIGHT’s inexperience and the degree of inward movement leading to the interference. We also note Mr Kwo’s attempt to take corrective action after the crowding had occurred. This was too little, too late. As Mr Davidson pointed out, the damage had already been done.
There are no aggravating factors to warrant an increase of the starting point. In our view, Mr Kwo should be given credit for his excellent riding record and admission of the breach. We credit him with one day discounts on penalty for each of these considerations. This leaves us with a suspension of 4 national riding days, set to begin after Mr Kwo fulfils his declared riding engagements at the Riverton meeting on 2 May 2018.
Penalty:
Mr Kwo is suspended for 4 national riding days from the conclusion of racing on 2 May 2018 up to and including 6 May 2018.
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: 77bff07fc890e1c03415137344bd8809
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 29/04/2018
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Marlborough RC 29 April 2018 - R 1 - Chair, Mr M Conway
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr M Davidson - Stipendiary Steward
Respondent: Mr K Kwo – Apprentice Jockey
Information No: A8161
Meeting: Marlborough Racing Club
Date: 29 April 2018
Venue: Waterlea Racecourse, Blenheim
Race No: 1
Rule No: 638(1)(d)
Judicial Committee: Mr M Conway, Chairman – Mr P Williams, Committee Member
Also Present: Mr J McLaughlin – Stipendiary Steward, Mr D Walsh - NZTR Jockey Mentor assisting Mr Kwo
Charge: Careless riding
Plea: Admitted
Evidence:
Following the running of Race 1, the Brian Gardiner Clean Maiden 1000, an Information was filed by Stipendiary Steward, Mr Davidson, against Apprentice Rider, Mr K Kwo, alleging that he “permitted his mount to shift inwards near the 150 mts (metres) when not clear, causing MATHIEU (J Bassett) to be crowded and checked.”
Rule 638 states:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless
Mr Kwo admitted the breach and appeared at the hearing assisted by Mr Walsh. Mr Kwo confirmed he understood the rule under which he had been charged.
Mr McLaughlin referred to the available race films and identified BLAIR FLIGHT, ridden by Mr Kwo, in the home straight in the middle of the track. Approaching the 150 metre mark, Mr Kwo called upon BLAIR FLIGHT with 3 whip strikes before continuing to urge the horse on under strong riding. The head-on film, in particular, clearly showed BLAIR FLIGHT veering inwards at this stage of the race, crowding MATHIEU (J Bassett) and checking that runner.
Mr Davidson said the “damage was done” by the time Mr Kwo paused his riding and attempted to relieve the inward pressure on Ms Bassett. She had established MATHIEU in the gap to the inside of Mr Kwo and “it was her run at all times,” Mr Davidson said.
WHERE ANGELS WALK (C Johnson) was positioned inside Ms Bassett at the time of the incident and maintained a straight line of running until the crowding occurred, at which point WHERE ANGELS WALK ran out slightly. Mr Davidson said this outward movement was in response to the interference.
Mr Kwo said the incident occurred because BLAIR FLIGHT was green and had shied away from the whip. By the time he took hold of his horse, it was too late to avoid the interference. Mr Kwo said BLAIR FLIGHT had also caused him difficulty on the home bend on the first day of the meeting.
Mr Walsh said Mr Kwo was “a little bit slow to react” when BLAIR FLIGHT veered in after the use of the whip. He pointed out that the horse was having just its second race start and submitted that its greenness was a contributing factor. Mr Walsh accepted that Ms Bassett was entitled to be in the position she was when the incident occurred.
Decision:
Mr Kwo admitted the breach and it is found proved.
Submissions for Penalty:
Mr Davidson said Mr Kwo was a reasonably busy rider who had not been charged with careless riding or any other breach of the rules in the last 12 months. Such a record was to his credit. Stewards considered this breach to be at the low end in terms of severity. They took into account BLAIR FLIGHT’s greenness and the fact it had not run in very far due to the horses racing close together prior to the incident.
The JCA Penalty Guide provides for a starting point of a suspension of 6 national riding days for a careless riding breach held to be at the low end. Mr Davidson advanced no aggravating factors and said Mr Kwo should be given credit for his excellent record and admission of the breach.
Mr Kwo said he hoped any suspension would not be for too many days.
Mr Walsh said if the starting point of 6 national riding days was accepted, Mr Kwo should receive a one day discount for his admission and another one day discount for his excellent riding record. He believed this would be appropriate for what, in his view, was a low-end breach.
Mr Kwo did not wish to seek a deferment. He does however, have rides declared at the Riverton meeting on Wednesday 2 May 2018.
Reasons for Penalty:
We find that a starting point of a suspension 6 national riding days is appropriate for what we consider to be a low-end example of careless riding. This is in line with the JCA Penalty Guide. We take into account BLAIR FLIGHT’s inexperience and the degree of inward movement leading to the interference. We also note Mr Kwo’s attempt to take corrective action after the crowding had occurred. This was too little, too late. As Mr Davidson pointed out, the damage had already been done.
There are no aggravating factors to warrant an increase of the starting point. In our view, Mr Kwo should be given credit for his excellent riding record and admission of the breach. We credit him with one day discounts on penalty for each of these considerations. This leaves us with a suspension of 4 national riding days, set to begin after Mr Kwo fulfils his declared riding engagements at the Riverton meeting on 2 May 2018.
Penalty:
Mr Kwo is suspended for 4 national riding days from the conclusion of racing on 2 May 2018 up to and including 6 May 2018.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 638(1)(d)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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