Archive Decision

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Canterbury JC 22 September 2018 – R 11 – Chair, Mr S Ching

ID: JCA17101

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
N Bakar-Class B Rider

Other Person:
P Richards-Stable Representative, Mr J McLauglin - Stipendiary Steward

Information Number:
A8194

Hearing Type:
Hearing

New Charge:
Alleged breach of Rule 638(1)(d)-Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 22 September 2018

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2018/09/22

Race Number:
R11

Decision:

As Mr Bakar had admitted the breach, the charge was found proved.

Penalty:

Mr Bakar’s Class B Jockeys licence is suspended from the conclusion of racing on 5 October up to and including 13 October 2018.

Facts:

Following the running of Race 11, the Racecourse Hotel & Motor Lodge Rating 72, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr N Bakar alleging careless riding in that he permitted his mount, WIDE AWAKE, to shift inwards near the 1000m, when not clear of DIRECTOR, ridden by Mr J Laking.

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”

Mr Bakar had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Murray also agreed that he understood the charge and the Rule it was brought under. Mr P Richards assisted Mr Bakar at the hearing.

Mr Davidson, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that nearing the 1000m, WIDE AWAKE, ridden by Mr Bakar, was racing 3 wide on the outside of DIRECTOR, ridden by Mr Laking. He showed on the films that Mr Bakar then opted to direct his mount inwards into a 2 wide position when only barely 1 length clear of Mr Laking and as a result, Mr Laking had to check.

Mr Richards stated that it was obvious Mr Bakar has shifted in when not sufficiently clear. He said it was an error of judgement on his behalf.

Submissions for Penalty:

Mr Davidson stated that Mr Bakar’s record showed a previous breach, his first in a short career, today in Race 2 where he received a 7 National Day suspension for a mid-range breach. Mr Davidson stated that this breach was low-range and it was clearly inexperience which contributed to the breach. Mr Davidson submitted that a term of suspension in keeping with a low range breach be considered in this case.

Mr Richards stated that Mr Bakar’s inexperience was a factor and that he had made a misjudgement. He said that he has only ridden on about 12 occasions to date, with 6 winning rides to date, so thought it was easy.

Reasons for Penalty:

The JCA Penalty Guide for a low-range breach of this rule is a 6 National day suspension. The Committee also assessed this breach as low-range and therefore adopted the 6 National day starting point. The aggravating factor was Mr Bakar’s record which showed a breach only several races previous, which warranted an uplift in penalty, which we set at 1 day. We were however able to afford Mr Bakar a discount for his frank admission of the breach and his relative inexperience, which we set at 1 day. We therefore determined that a 6 National-day suspension was an appropriate penalty in this case.

Deferment was not discussed as this was an extension of a suspension already received at today’s meeting.

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: cc3dd364aa5be58b481f628f88b95875


informantnumber: A8194


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Alleged breach of Rule 638(1)(d)-Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 25/09/2018


hearing_title: Canterbury JC 22 September 2018 - R 11 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 11, the Racecourse Hotel & Motor Lodge Rating 72, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr N Bakar alleging careless riding in that he permitted his mount, WIDE AWAKE, to shift inwards near the 1000m, when not clear of DIRECTOR, ridden by Mr J Laking.

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”

Mr Bakar had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Murray also agreed that he understood the charge and the Rule it was brought under. Mr P Richards assisted Mr Bakar at the hearing.

Mr Davidson, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that nearing the 1000m, WIDE AWAKE, ridden by Mr Bakar, was racing 3 wide on the outside of DIRECTOR, ridden by Mr Laking. He showed on the films that Mr Bakar then opted to direct his mount inwards into a 2 wide position when only barely 1 length clear of Mr Laking and as a result, Mr Laking had to check.

Mr Richards stated that it was obvious Mr Bakar has shifted in when not sufficiently clear. He said it was an error of judgement on his behalf.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Bakar had admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Davidson stated that Mr Bakar’s record showed a previous breach, his first in a short career, today in Race 2 where he received a 7 National Day suspension for a mid-range breach. Mr Davidson stated that this breach was low-range and it was clearly inexperience which contributed to the breach. Mr Davidson submitted that a term of suspension in keeping with a low range breach be considered in this case.

Mr Richards stated that Mr Bakar’s inexperience was a factor and that he had made a misjudgement. He said that he has only ridden on about 12 occasions to date, with 6 winning rides to date, so thought it was easy.


reasonsforpenalty:

The JCA Penalty Guide for a low-range breach of this rule is a 6 National day suspension. The Committee also assessed this breach as low-range and therefore adopted the 6 National day starting point. The aggravating factor was Mr Bakar’s record which showed a breach only several races previous, which warranted an uplift in penalty, which we set at 1 day. We were however able to afford Mr Bakar a discount for his frank admission of the breach and his relative inexperience, which we set at 1 day. We therefore determined that a 6 National-day suspension was an appropriate penalty in this case.

Deferment was not discussed as this was an extension of a suspension already received at today’s meeting.


penalty:

Mr Bakar’s Class B Jockeys licence is suspended from the conclusion of racing on 5 October up to and including 13 October 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: N Bakar-Class B Rider


Otherperson: P Richards-Stable Representative, Mr J McLauglin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9fca838ba3b25f1da037eeee91856c6a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1dc524fef5dec2c43f51d0ec605ef95b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/09/2018


meet_title: Canterbury JC - 22 September 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Canterbury JC