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Canterbury Racing – 27 February 2005 –

ID: JCA22203

Hearing Type:
Old Hearing

Rules:
520.4.c

Hearing Type (Code):
thoroughbred-racing

Decision: --

Stipendiary Steward Mr S. C. Ching has laid an information pursuant to Rule 520(4)(c) alleging Jockey J. D. Laking failed to make the contracted weight on Beau Reve (Race 2), After Six (Race 7), Coup Dunedin (Race 8) and The Danzig Trilogy (Race 9) and was replaced as the jockey in all four races.



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DECISION AND REASONS:

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Stipendiary Steward Mr S. C. Ching has laid an information pursuant to Rule 520(4)(c) alleging Jockey J. D. Laking failed to make the contracted weight on Beau Reve (Race 2), After Six (Race 7), Coup Dunedin (Race 8) and The Danzig Trilogy (Race 9) and was replaced as the jockey in all four races.

--

Rule 520(4)(c) reads as follows.

--

"(4) Every Rider commits a breach of these Rules who:

--
    ------
      --
    1. ?..
      2. --
    2. ?..
      3. --
    3. wilfully or without reasonable cause permits himself to be engaged to ride a horse when he knows or ought to know that he will not be able to ride the horse at the weight which it is handicapped to carry or such other weight at which he agrees to ride the horse."
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--

Mr Laking agreed that he understood the rule and the charge. He had indicated on the information that he admitted the breach of this rule, and he confirmed this at the hearing.

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Stipendiary Steward Mr S. C. Ching gave evidence that Mr Laking had approached him early in the day to advise that he could not make the carded weight on the horses he had been engaged to ride. The best Mr Laking could manage was 56.75 kilograms which was .75 or 1.25 kilograms over the carded weight for the horses concerned. Mr Ching also advised that Mr Laking had opted to stand down for all four rides rather than ride them overweight.

--

Mr Laking said that he had been having difficulty recently in keeping his weight down, but thought that he may have been able to ride today at the correct weight. Mr Laking had earlier asked Mr Ching if Mr M. R. Pitman (Licensed Trainer) could speak on his behalf, and this was agreed to.

------

Mr Pitman said that he understood Mr Laking was having some personal

--

problems that were affecting him. In order to help Mr Pitman was going to employ Mr Laking to ride track work for him to try and solve the problem. Mr Pitman also said that there was a serious shortage of experienced riders in the South Island and that it would be in the interests of all concerned if Mr Laking's weight problems could be rectified. By working together it was hoped that this problem might be corrected.

--

Penalty: In relation to penalty Mr Ching advised that Mr Laking had a very good record so far as riding was concerned. Mr Laking had been honest about what had happened and it was his decision to give up the four rides today.

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On the other hand Mr Laking had been convicted of the same breach of the Rules on 28 December 2004 when he was fined $250-00. It was Mr Ching's recommendation that in all the circumstances a period of suspension was an appropriate penalty.

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Mr Laking said that he was keen to find a solution to his problem and would work with Mr Pitman to try and do this. He also said that he hoped he could ride again at the West Coast meetings on 11 and 13 March 2005.

--

We adjourned to consider the question of penalty.

--

In coming to our decision we have taken into account the prompt guilty plea by Mr Laking and his good record. We also acknowledge that Mr Laking has already taken steps to try and deal with his problem. We are satisfied that a period of suspension is necessary in this case as this breach follows closely a similar one two months ago. We also believe that if a fine was imposed, and Mr Laking was able to continue riding, the results could be that he would find himself in a similar situation quite soon.

--

Mr Laking will be suspended from race riding from the conclusion of racing today until after the conclusion of racing on 13 March 2005, which is effectively a 3 day suspension. This will, we hope, give Mr Laking the time and the opportunity to deal with the problem he has.

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Decision Date: 27/02/2005

Publish Date: 27/02/2005

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: d935e9a7f0c882365a492d3ee1708646

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 27/02/2005

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Canterbury Racing - 27 February 2005 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

--

Stipendiary Steward Mr S. C. Ching has laid an information pursuant to Rule 520(4)(c) alleging Jockey J. D. Laking failed to make the contracted weight on Beau Reve (Race 2), After Six (Race 7), Coup Dunedin (Race 8) and The Danzig Trilogy (Race 9) and was replaced as the jockey in all four races.



----------
--

DECISION AND REASONS:

--

Stipendiary Steward Mr S. C. Ching has laid an information pursuant to Rule 520(4)(c) alleging Jockey J. D. Laking failed to make the contracted weight on Beau Reve (Race 2), After Six (Race 7), Coup Dunedin (Race 8) and The Danzig Trilogy (Race 9) and was replaced as the jockey in all four races.

--

Rule 520(4)(c) reads as follows.

--

"(4) Every Rider commits a breach of these Rules who:

--
    ------
    --
  1. ?..
    2. --
  2. ?..
    3. --
  3. wilfully or without reasonable cause permits himself to be engaged to ride a horse when he knows or ought to know that he will not be able to ride the horse at the weight which it is handicapped to carry or such other weight at which he agrees to ride the horse."
----------

--

Mr Laking agreed that he understood the rule and the charge. He had indicated on the information that he admitted the breach of this rule, and he confirmed this at the hearing.

--

Stipendiary Steward Mr S. C. Ching gave evidence that Mr Laking had approached him early in the day to advise that he could not make the carded weight on the horses he had been engaged to ride. The best Mr Laking could manage was 56.75 kilograms which was .75 or 1.25 kilograms over the carded weight for the horses concerned. Mr Ching also advised that Mr Laking had opted to stand down for all four rides rather than ride them overweight.

--

Mr Laking said that he had been having difficulty recently in keeping his weight down, but thought that he may have been able to ride today at the correct weight. Mr Laking had earlier asked Mr Ching if Mr M. R. Pitman (Licensed Trainer) could speak on his behalf, and this was agreed to.

------

Mr Pitman said that he understood Mr Laking was having some personal

--

problems that were affecting him. In order to help Mr Pitman was going to employ Mr Laking to ride track work for him to try and solve the problem. Mr Pitman also said that there was a serious shortage of experienced riders in the South Island and that it would be in the interests of all concerned if Mr Laking's weight problems could be rectified. By working together it was hoped that this problem might be corrected.

--

Penalty:

 In relation to penalty Mr Ching advised that Mr Laking had a very good record so far as riding was concerned. Mr Laking had been honest about what had happened and it was his decision to give up the four rides today.--

On the other hand Mr Laking had been convicted of the same breach of the Rules on 28 December 2004 when he was fined $250-00. It was Mr Ching's recommendation that in all the circumstances a period of suspension was an appropriate penalty.

--

Mr Laking said that he was keen to find a solution to his problem and would work with Mr Pitman to try and do this. He also said that he hoped he could ride again at the West Coast meetings on 11 and 13 March 2005.

--

We adjourned to consider the question of penalty.

--

In coming to our decision we have taken into account the prompt guilty plea by Mr Laking and his good record. We also acknowledge that Mr Laking has already taken steps to try and deal with his problem. We are satisfied that a period of suspension is necessary in this case as this breach follows closely a similar one two months ago. We also believe that if a fine was imposed, and Mr Laking was able to continue riding, the results could be that he would find himself in a similar situation quite soon.

--

Mr Laking will be suspended from race riding from the conclusion of racing today until after the conclusion of racing on 13 March 2005, which is effectively a 3 day suspension. This will, we hope, give Mr Laking the time and the opportunity to deal with the problem he has.

--

 

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--

 

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Rules: 520.4.c

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