Ashburton RC 4 July 2018 – R 3 – Chair, Mr S Ching
ID: JCA11356
Code:
Thoroughbred
Meet Title:
Ashburton RC - 4 July 2018
Meet Chair:
SChing
Race Date:
2018/07/04
Race Number:
R3
Decision:
As Mr Laking had admitted the breach, the charge was found proved.
Penalty:
Mr Laking’s Class A Jockey's licence is suspended from the conclusion of racing today 4 July up to and including 25 July 2018. Of note the meetings at Wanganui 5 July, Te Aroha on 6 July and Marton/Waikato 7 July, were not relevant to the penalty, as riders for these meetings were already declared.
Facts:
Following the running of Race 3, the Barneswood Farm Rating 65, an Information was filed by Stipendiary Steward, Mr D Wadley, against Class A Rider, Mr J Laking, alleging careless riding in that he permitted his mount OLAF to shift inwards when not sufficiently clear crowding BARLAY CREEK onto FUGAWI near the 1800m.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Laking had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Laking also agreed that he understood the charge and the Rule it was brought under.
Mr Wadley, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that nearing the 1800m, OLAF, ridden by Mr Laking, who had drawn wide and racing wide on the track. Mr McLaughlin pointed out Mr Laking shifting in when looking for cover, with BARCLAY CREEK, ridden by Mr Kwo and FUGAWI, ridden by Mr Gundowry, on his inside. He stated that Mr Laking continued on with his inward movement when only ¾ of a length clear of Mr Kwo crowding BARCLAY CREEK onto FUGAWI and as a result BARCLAY CREEK had to check out its rightful line.
Mr Laking stated that he had been wide early and was looking for a spot to shift into. He said that his mount had stepped inwards slightly but conceded that he was not clear of Mr Kwo and Mr Gundowry.
Submissions for Penalty:
Mr Wadley stated that Mr Laking had a very good record which showed only 1 breach of this rule over the previous 12 months being on 15 February 2018 at Riccarton where he received a 7 National day suspension. He submitted that the breach was above mid-range and that with the JCA Penalty Guide providing an 8 National day starting point for a mid-range breach, would leave it up to the Committee to determine an appropriate penalty.
Mr Laking opted to make no submissions on penalty.
Deferment was not discussed as there were no relevant meetings to consider over the next seven days.
Reasons for Penalty:
The JCA Penalty Guide for a mid-range breach of this rule is an 8 National day suspension. The Committee, agreed with the Stewards and assessed this breach as above mid-range, therefore determining that a 9-day starting point was appropriate. There were no aggravating factors to consider, so no uplift in penalty was warranted. We were however, able to afford Mr Laking a combined discount for his frank admission of the breach and his good record, which we set at 1 day. We therefore determined that an 8 National-day suspension was an appropriate penalty in this case.
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: 17d98c7e1d93e7cfc8073d66cd7f1266
informantnumber: A8175
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 638(1)(d)-Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 06/07/2018
hearing_title: Ashburton RC 4 July 2018 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Barneswood Farm Rating 65, an Information was filed by Stipendiary Steward, Mr D Wadley, against Class A Rider, Mr J Laking, alleging careless riding in that he permitted his mount OLAF to shift inwards when not sufficiently clear crowding BARLAY CREEK onto FUGAWI near the 1800m.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Laking had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Laking also agreed that he understood the charge and the Rule it was brought under.
Mr Wadley, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that nearing the 1800m, OLAF, ridden by Mr Laking, who had drawn wide and racing wide on the track. Mr McLaughlin pointed out Mr Laking shifting in when looking for cover, with BARCLAY CREEK, ridden by Mr Kwo and FUGAWI, ridden by Mr Gundowry, on his inside. He stated that Mr Laking continued on with his inward movement when only ¾ of a length clear of Mr Kwo crowding BARCLAY CREEK onto FUGAWI and as a result BARCLAY CREEK had to check out its rightful line.
Mr Laking stated that he had been wide early and was looking for a spot to shift into. He said that his mount had stepped inwards slightly but conceded that he was not clear of Mr Kwo and Mr Gundowry.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Laking had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Wadley stated that Mr Laking had a very good record which showed only 1 breach of this rule over the previous 12 months being on 15 February 2018 at Riccarton where he received a 7 National day suspension. He submitted that the breach was above mid-range and that with the JCA Penalty Guide providing an 8 National day starting point for a mid-range breach, would leave it up to the Committee to determine an appropriate penalty.
Mr Laking opted to make no submissions on penalty.
Deferment was not discussed as there were no relevant meetings to consider over the next seven days.
reasonsforpenalty:
The JCA Penalty Guide for a mid-range breach of this rule is an 8 National day suspension. The Committee, agreed with the Stewards and assessed this breach as above mid-range, therefore determining that a 9-day starting point was appropriate. There were no aggravating factors to consider, so no uplift in penalty was warranted. We were however, able to afford Mr Laking a combined discount for his frank admission of the breach and his good record, which we set at 1 day. We therefore determined that an 8 National-day suspension was an appropriate penalty in this case.
penalty:
Mr Laking’s Class A Jockey's licence is suspended from the conclusion of racing today 4 July up to and including 25 July 2018. Of note the meetings at Wanganui 5 July, Te Aroha on 6 July and Marton/Waikato 7 July, were not relevant to the penalty, as riders for these meetings were already declared.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: D Wadley- Stipendiary Steward
JockeysandTrainer: J Laking-Class A Rider
Otherperson: Mr J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 29f9b775fb3f71f4020e33a145eb277d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c71d6d91f98ce1bc9283bf0189e3b909
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/07/2018
meet_title: Ashburton RC - 4 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Ashburton RC