Archive Decision

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Canterbury JC – 9 August 2008 – Race 9

ID: JCA22434

Hearing Type:
Old Hearing

Rules:
850.1.4

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Canterbury JC - 9 August 2008

Race Date:
2008/08/09

Race Number:
Race 9

Decision:

Information 7430 alleging a breach of the Rules of Racing, Rule 850(1)(4) in that J Laking weighed out for his engagement in Race 9 (Intestaine) with a safety vest that is not approved for racing as it has been modified.



As a result of Mr Laking having been detected with an unsatisfactory vest when he was preparing to weigh out for Race 9 at the Canterbury Jockey Club’s Grand National meeting, he was charged with a breach of Rule 850(1)(4).   The charge recorded that he weighed out for Race 9 in a safety vest that was not approved for racing as it had been modified.   Mr Laking pleaded guilty to the charge, which was therefore deemed to be proved.

--

The offending vest was produced to the hearing and it was demonstrated that two panels of protective padding had been removed.   Mr George considered the matter to be serious as it compromised the rider’s personal safety which he said was paramount.     Mr George did tell the hearing that Mr Laking was advantaged by .25kg with the offending vest but the emphasis on this charge was on safety.

--

Mr Laking told us that it was an old vest which he wears for track work on a private property.   He said that the panels dug into him so he took them out.

--

PENALTY DECISION

--

With regard to penalty Mr George called for a suspension of between three and five weeks.   In response to a question from the Committee as to the range of a fine, if that was to be the sentencing option, Mr George felt that the range of the fine should be somewhere between $1500 and $3000.   Mr Laking told the hearing that he could not afford a fine.

--

We note that Mr Laking has not been charged pursuant to this Rule before.

--

On balance, we think that we have to impose a suspension to bring home to not only Mr Laking, but also to other jockeys that the racing industry will not tolerate jockeys placing their own safety at risk.   It can also be seen as an attempt to gain an advantage on weight, although there is no serious suggestion that Mr Laking was endeavouring to obtain an advantage in this instance.

--

Mr Laking explained to the hearing that he had an engagement to ride at the Oamaru Jockey Club’s meeting on Friday 15th August, and accordingly we will allow a deferment of the period of suspension.

--

We agree that a suspension should be imposed.   We set this period of suspension at four weeks commencing at the conclusion of racing on Friday 15 August until the conclusion of racing on Friday 12 September 2008.

--

 

--

KG Hales

--

Chairman

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: cbdfcbe4c1622ae669b8186403968f41


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 09/08/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Canterbury JC - 9 August 2008 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Information 7430 alleging a breach of the Rules of Racing, Rule 850(1)(4) in that J Laking weighed out for his engagement in Race 9 (Intestaine) with a safety vest that is not approved for racing as it has been modified.



As a result of Mr Laking having been detected with an unsatisfactory vest when he was preparing to weigh out for Race 9 at the Canterbury Jockey Club’s Grand National meeting, he was charged with a breach of Rule 850(1)(4).   The charge recorded that he weighed out for Race 9 in a safety vest that was not approved for racing as it had been modified.   Mr Laking pleaded guilty to the charge, which was therefore deemed to be proved.

--

The offending vest was produced to the hearing and it was demonstrated that two panels of protective padding had been removed.   Mr George considered the matter to be serious as it compromised the rider’s personal safety which he said was paramount.     Mr George did tell the hearing that Mr Laking was advantaged by .25kg with the offending vest but the emphasis on this charge was on safety.

--

Mr Laking told us that it was an old vest which he wears for track work on a private property.   He said that the panels dug into him so he took them out.

--

PENALTY DECISION

--

With regard to penalty Mr George called for a suspension of between three and five weeks.   In response to a question from the Committee as to the range of a fine, if that was to be the sentencing option, Mr George felt that the range of the fine should be somewhere between $1500 and $3000.   Mr Laking told the hearing that he could not afford a fine.

--

We note that Mr Laking has not been charged pursuant to this Rule before.

--

On balance, we think that we have to impose a suspension to bring home to not only Mr Laking, but also to other jockeys that the racing industry will not tolerate jockeys placing their own safety at risk.   It can also be seen as an attempt to gain an advantage on weight, although there is no serious suggestion that Mr Laking was endeavouring to obtain an advantage in this instance.

--

Mr Laking explained to the hearing that he had an engagement to ride at the Oamaru Jockey Club’s meeting on Friday 15th August, and accordingly we will allow a deferment of the period of suspension.

--

We agree that a suspension should be imposed.   We set this period of suspension at four weeks commencing at the conclusion of racing on Friday 15 August until the conclusion of racing on Friday 12 September 2008.

--

 

--

KG Hales

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 850.1.4


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: faeeadcfe8566290400804a0bf8b309b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


submittochair:


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waitingforpublication: 0


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meet_emailed2: 0


meetdate: 09/08/2008


meet_title: Canterbury JC - 9 August 2008


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meet_racingtype: thoroughbred-racing


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name: Canterbury JC