Beaumont RC 22 March 2021 – R 3 (heard 27 March 2021 at Riccarton) – Chair, Mr P Knowles

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startdate: 22/03/2021

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hearing_title: Beaumont RC 22 March 2021 - R 3 (heard 27 March 2021 at Riccarton) - Chair, Mr P Knowles

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr M Davidson - Stipendiary Steward

Respondent: Mr K Kwo - Class B Rider

Information No: A11780

Meeting: Beaumont Racing Club

Date: 22 March 2021 (heard 27 March 2021 at Riccarton)

Venue: Wingatui

Race: 3

Rule No: 683(1)(d) – Careless Riding

Judicial Committee: Mr P Knowles, Chair – Mr D Anderson, Member

Also Present: -Mr D Walsh – Southern Jockey Mentor assisting Mr Kwo

Mr J Oatham, Chief Stipendiary Steward

Plea: Admitted

FACTS:

Mr Kwo was charged with r 638(1)(d) – careless riding - by the Stewards following Race 3 at the Beaumont RC meeting held at Wingatui on 22 March 2021. Following Race 5 at that meeting there was major district power failure which led to the abandonment of the meeting, before a hearing into the breach of the Rule by Mr Kwo. A hearing was convened and opened but Mr Moseley, representing Mr Kwo, sought an adjournment due to the poor quality of videos available of the incident. The Committee agreed and an adjournment was granted.

A new hearing was convened prior to the start of the Hororata RC meeting at Riccarton on 27 March 2021, where Mr Kwo appeared assisted by Mr Walsh. The Stewards alleged that “Mr Kwo allowed his mount AGAINST ALL ODDS to shift in near the 1300 metres dictating ARROWTOWN inwards onto RAISE YA CARDS who was checked and lost ground”.

Mr Kwo admitted the breach.

Mr Oatham, with the use of the video replays, stated that Mr Kwo’s mount AGAINST ALL ODDS drew [3] at the barrier, RAISE YA CARDS [1] and ARROWTOWN [6]. When the field started to settle AGAINST ALL ODDS was about three horse widths out from the rail and shifting inwards behind the leaders. Mr Campbell (RASIE YA CARDS) improved inside ARROWTOWN (Mr Chowdhoory). He said as Mr Kwo shifted his mount inwards, he was not fully clear of ARROWTOWN which was forced inwards onto RAISE YA CARDS. Mr Campbell was forced to check RAISE YA CARDS losing several lengths.

Mr Walsh stated that RAISE YA CARDS missed the jump, and that Mr Campbell improved his position in the gap at the junction. This was a contributing factor in this incident, and he doesn’t promote it as a good tactic. However, Mr Kwo had not kept clear when shifting inwards.

Mr Kwo stated he had looked to his inside but did not see Mr Campbell. He had assumed there was only one horse on his inside.

DECISION:

Mr Kwo admitted the charge and it is found proved.

PENALTY SUBMISSIONS:

Mr Davidson stated that Mr Kwo had an excellent record with only one breach of this Rule in two years, which resulted in a suspension in December 2019. He had 261 rides since then. Mr Kwo had admitted the charge and had a good record. Stewards viewed the incident at the mid-range level and sought a starting point of A 5-day suspension and a fine of $500.

Mr Walsh stated Mr Kwo wanted a 7-day deferment to allow him to ride at Riverton over the Easter period. He viewed the incident at the low end of the scale and said there were contributing factors to it. He believed the incident did not warrant a 5-day suspension and $500 fine. He submitted a 3-day suspension was ample. He had an excellent record and had admitted the charge.

PENALTY REASONS:

After considering the submissions the Committee believed a suspension and fine at the lower end of the scale is appropriate. Mr Kwo is also granted a 7-day deferment.

DECISION:

Mr Kwo is suspended from the completion of racing on 3 April up to and including 8 April (3-day suspension) and fined $250.

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hearing_type: Old Hearing

Rules: 638(1)(d)

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