Non-Raceday Inquiry – J Laking 30 Sept 08

hearingid: dfaf790d4cef7f645b6e507473c70e33

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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decisiondate: no date provided

hearing_title: Non-Raceday Inquiry - J Laking 30 Sept 08

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BEFORE A JUDICIAL COMMITTEE

HELD AT CHRISTCHURCH

                                                                                                BETWEEN      C J GEORGE, Chief Stipendiary

 Steward for New Zealand                     Thoroughbred Racing

                                      Informant

AND                 JASON D LAKING of

                            Ashburton, Licensed Jockey

                                                               Defendant

Date of Hearing:                   30 September 2008

Venue:                                      Riccarton Racecourse, Riccarton Park, Christchurch.

Judicial Committee:             R G McKenzie (Chairman)

                                                    J M Phelan

Present:                                    C J George (the Informant)

                                                    J D Laking (the Defendant)

                                                    Mr J Tannahill (Counsel for Mr Laking)

                                                    R D Scott (Hearing Clerk)

Date of Decision:                 09 October 2008

BEFORE A JUDICIAL COMMITTEE

HELD AT CHRISTCHURCH

                                                                                                BETWEEN      C J GEORGE, Chief Stipendiary

 Steward for New Zealand                     Thoroughbred Racing

                                      Informant

AND                 JASON D LAKING of

                            Ashburton, Licensed Jockey

                                                               Defendant

Date of Hearing:                   30 September 2008

Venue:                                      Riccarton Racecourse, Riccarton Park, Christchurch.

Judicial Committee:             R G McKenzie (Chairman)

                                                    J M Phelan

Present:                                    C J George (the Informant)

                                                    J D Laking (the Defendant)

                                                    Mr J Tannahill (Counsel for Mr Laking)

                                                    R D Scott (Hearing Clerk)

Date of Decision:                  09 October 2008           

DECISION AND REASONS OF JUDICIAL COMMITTEE

Information No. 6809 alleges as follows:

“That, being a licensed jockey, at an inquiry being conducted by the Stipendiary Stewards, at the racemeeting conducted by the Canterbury Jockey Club on 9 August 2008, [Mr Laking] wilfully gave false evidence, namely that [he] had loaned [his] safety vest to Apprentice Jockey Ryan Bishop for his use on the said date when [he] in fact did not do so and that [he is] in breach of Rule 1001 (1) (k) of the Rules of Racing, and [he is] therefore liable to a penalty or penalties that may be imposed against [him] pursuant to Rule 1003 of the said Rules”.

Rule 1001 (1) (k) provides as follows:

Every person commits a serious racing offence within the meaning of these Rules who, in New Zealand or any other country:

(k)       wilfully supplies any false or misleading information, or makes any false or misleading declaration or statement, respecting any matter connected with racing or otherwise under these Rules to a Judicial Committee, an Appeals Tribunal, the Board of Thoroughbred Racing, the Stewards or Committee of a Club, a Stipendiary Steward, A Racecourse Inspector or any other Body, tribunal or person . . .

Mr Laking admitted the alleged breach of the Rule which was found proved accordingly.

THE FACTS:

1.         On 9 August 2008 at a meeting of Canterbury Jockey Club at Riccarton, Mr Laking was spoken to by the Stipendiary Stewards, prior to weighing out for his ride on INTESTAINE in Race 9, regarding his vest. Upon inspecting the vest, it was discovered that it had been modified by the removal of panels.

2.         The Stewards then instigated an investigation as to why Mr Laking had weighed out with that vest. During the course of that investigation, Mr Laking gave evidence that was later found to be false. Mr George had earlier produced a transcript of that hearing which was accepted by Mr Tannahill, on Mr Laking’s behalf, as being accurate.

3.         Mr George referred to the transcript. The essence of the false or misleading statement was that Mr Laking had stated that Apprentice Jockey, Ryan Bishop, was using his vest as he, Mr Bishop, had left his at home. Mr Laking claimed that the vest he was wearing was his “old vest and it’s for trackwork only”. He had only worn it for the purposes of weighing out, he said.

4.         When questioned by Mr George, Mr Bishop said that the vest he was wearing was his ex-partner’s and it was the vest he had been wearing all day. Mr Bishop confirmed that he did not get the vest from Mr Laking.

5.         Mr Laking then admitted that the non-approved vest was the only one he owned and that he had been wearing it on raceday for about 3 weeks. The missing panels had been missing “for years”, he said.

6.         Mr Laking was charged with a breach of Rule 850 (1) & (4) and was suspended for a period of 4 weeks by the Judicial Committee.

7.         Mr Laking was subsequently charged with wilfully supplying false or misleading information to the Stipendiary Stewards in breach of Rule 1001 (1) (k).

PENALTY SUBMISSIONS BY THE INFORMANT:

Mr George said that the Stewards viewed this matter as being very serious. Irrespective of what the investigation was about, jockeys have an obligation to supply evidence that is not false or misleading. Mr George said that the raceday inquiry took about 15 minutes. In the initial stages, Mr Laking decided to “give nothing but false evidence to the Stewards to try to mislead them in their investigations”. Any time a jockey is questioned, he is required to give the right information and not try to mislead the Stewards by supplying false information.

Mr George referred to two similar recent cases – Cameron (December 2007) and Callaway. In the former, the defendant was suspended for 2 months for supplying false information to Stewards. In the latter case, the defendant received a suspension of 4 weeks and a fine of $700 for a similar offence.

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hearing_type: Old Hearing

Rules: 1001.1.k, 850.1, 1001.2

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