Canterbury JC – 2 October 2010 – R 6

hearingid: 2bfe0c4d6f0a683f2816f93e9b66c377

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hearing_racingtype: thoroughbred-racing

startdate: 02/10/2010

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hearing_title: Canterbury JC - 2 October 2010 - R 6

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr M Williamson, Stipendiary Steward

Defendant:  J Laking, Licensed Jockey

Information No:  241

Meeting:  Canterbury Jockey Club

Date:  2 October 2010

Venue:  Canterbury Park

Race:  6

Rule No:  638(1)(d)

Judicial Committee:  KG Hales, Chairman - J Millar, Committee Member

Plea:  Admitted

FACTS:

At the conclusion of Race 6, an information was filed by Stipendiary Steward,

Mr M Williamson, alleging a breach of Rule 638(1)(d) (careless riding).  He alleged:

“J Laking (“Arctic Ace”) permitted his mount to shift inwards forcing “Crystal Duke” (K Williams) down on to “Royal Flight” (M Misbah), who had to check.  This happened near the 1100 metres mark. 

Rule 638(1)(d) reads as follows:

“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d)        careless.”

Video coverage of the incident was presented by Mr M Davidson, Stipendiary Steward, using views from the head on/side on and the camera at the home turn.  This video coverage showed that Mr Laking, who was racing in a three wide position moving down on to “Crystal Duke” ridden by Ms K Williams, when he was barely three quarters of a length clear of Ms Williams.

Ms Williams was, as a consequence, forced on to the line of “Royal Flight” and its rider, Mr M Misbah, had to check his mount, and the consequences of his check were that the two horses behind, namely “Coup Callum” and “The Meista” had to take evasive action by swinging to the outside. 

Mr Laking was given the opportunity to comment on the incident.  He did not take issue with the allegations made.  He felt that Ms Williams’ mount, “Crystal Duke”, may have been over-racing and he also said that once the check had occurred, that he moved back on to his line to avoid further incident.

In response to a question from the chair, Mr Williamson said that the consequences of Mr Laking’s carelessness, in that several horses were affected, were entirely attributable to the actions of Mr Laking.

SUBMISSIONS ON PENALTY:

Mr Williamson considered that the degree of carelessness on Mr Laking’s part was in the medium to high range.  “Royal Flight” was the race favourite, and it received a significant check.  There was also the resulting interference with the other horses behind “Royal Flight”.

He did, however, say that Mr Laking has a good record in that he has only received one suspension in the last twelve months, and that was a four day suspension at a meeting at Riccarton on 27 February 2010. 

Because the carelessness was in the medium to high range, he submitted that a suspension of a minimum of four South Island days was warranted.

In response, Mr Laking felt that his degree of carelessness was not as bad as medium to high, but said that he did not blame anybody else for his actions, and the consequences thereof.

In response to a question from the chair, Mr Laking said that he has the occasional ride in the North Island, although agreed that he did not have any invitations to ride at meetings in the near future.

Mr Williamson then sought to make further submissions on the question of penalty.  He said that if Mr Laking was to be regarded as a national rider, then he would be seeking a minimum suspension of three weeks.

Mr Laking was asked if he wished to make an application for a deferment of the coming into effect of any period of suspension, but he confirmed to the hearing that there were no South Island meetings within the relevant seven day period.

PENALTY DECISION:

We delivered the following penalty decision on Race Day:

“Mr Williamson has classified the degree of Mr Laking’s carelessness as being in the medium to high range.  Mr Laking did not agree with that submission, but against that, regard must be had to the effect of Mr Laking’s carelessness.  The race favourite “Royal Flight” received a significant check and other horses were seriously inconvenienced.  Thus, we agree that the degree of carelessness was medium to high. 

Mr Laking has a good record, having received only one suspension in the last twelve months, namely four days on 27 February 2010.  We acknowledged that he is a busy South Island rider, who has the occasional ride in the North Island.  He has admitted the charge and does not seek to blame others. 

Mr Williamson submitted that a minimum suspension of four South Island riding days should be imposed.  He further submitted that if Mr Laking was to be regarded as a national rider, then a three week suspension should be imposed. 

Mr Laking does not have any invitations of riding engagements in the North Island in the near future.  Thus, for the purposes of imposing penalty, we regard Mr Laking as being a South Island rider. 

Mr Laking confirmed that he did not wish to take advantage of a deferment of penalty. 

Having regard to the degree of carelessness, and the impact on a number of horses in the field, we consider that the starting point for penalty is a suspension of six South Island days.  Such a suspension would be well warranted.

However, we are able to afford a discount on penalty to take into account:

·           Mr Laking’s early admission of the charge.

·           His honest demeanour in the hearing.

·           The fact that he did not attempt to minimise his carelessness by blaming others.

·           His good record.

Mr Laking is suspended from the conclusion of racing on Sunday 3 October 2010 until the conclusion of racing on Friday 22 October 2010.  That encompasses four South Island days at Gore (10^th), Dunedin (15^th), Ashburton (17^th) and Wyndham (22^nd).

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hearing_type: Old Hearing

Rules: 638(1)(d)

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