Canterbury R 21 April 2018 – R 2 – Chair, Mr S Ching
ID: JCA15344
Code:
Thoroughbred
Meet Title:
Canterbury JC - 21 April 2018
Meet Chair:
SChing
Meet Committee Member 1:
ASmith
Race Date:
2018/04/21
Race Number:
R2
Decision:
As Mr Laking had admitted this breach of the Rules it was found to be proved.
Penalty:
Accordingly, Mr Laking’s Class A licence is suspended from the conclusion of racing 24 April up to and including 8 May 2018.
Facts:
Prior to the running of Race 2, the Gavelhouse.com Two-Year-Old, an Information was filed by Stipendiary Steward, Mr M Davidson against Licensed Class A Jockey Mr J Laking, alleging a breach of Rule 649(1)(a) in that he weighed out without irons for DEVIOUS in Race 2 at 11.15am.
Rule 649(1)(a) reads as follows:
(1) A Rider must not:
(a) do or permit any wrongful act or omission with respect to weight or weighing;
Mr Laking had indicated on the Information that the breach was admitted, and this was confirmed at the hearing. Mr Laking also confirmed he understood the Rule he was being charged with.
Mr Davidson gave evidence that Mr Laking was engaged to ride DEVIOUS in Race 2 and Stipendiary Steward, Mr N McIntyre was present when Mr Laking weighed out. Mr McIntyre checked Mr Lakings gear following weigh out and discovered that the irons were missing on the saddle. Mr Davidson stated Stewards are always dubious of the intent of a rider who attempts to weigh out with gear missing. He said that Mr Laking had signed off on the weigh sheet after weighing out which showed intent. Mr Laking eventually re weighed with irons at .25 over the carded weight.
Mr Laking said that his actions were just stupidity. He admitted weighing out without irons as he was concerned that he was going to struggle to make the weigh set for DEVIOUS if he had all his gear. As it turned out, he said, he still made the weight with the irons and had not needed to try and weigh without the irons.
Submissions for Penalty:
Mr Davidson stated that this was a serious matter and submitted that a suspension was an appropriate penalty. He said Mr Laking had advised the Stewards that he was not in a position to pay a fine and would prefer a suspension. Mr Davidson stated that previous breaches of this rule had varied monetary ($200 to $1000) and suspension (up to 4 weeks- being a jumps rider) penalties imposed. Mr Davidson submitted that after taking all factors into consideration including the intent by Mr Laking to weigh out without irons, that a 7 to 8 National Day suspension be imposed as penalty in this case.
Mr Laking confirmed to the Committee that he was not in a position to pay a fine and would prefer a suspension. Mr Laking also requested a deferment of penalty until after racing at Otago on 24 April as he had confirmed rides there.
Reasons for Penalty:
The JCA Penalty Guide does not provide a starting point for a breach of this rule but refers that penalty be fact dependant. In determining penalty, we have taken into consideration all factors, the aggravating being the intent by Mr Laking to deceive, with the mitigating factors being Mr Laking’s frank admission of the breach and his complete and open honesty with regard to this incident. The Committee researched previous penalties for a breach of this rule with varied results as Mr Davidson had alluded to, with a large range of penalties imposed. After consideration, this Committee determined that a period of suspension was an appropriate penalty in this case. This period we set at 2 weeks.
Mr Laking’s request for a deferment until after racing at Otago on 24 April is granted.
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: 8745f6f00ba8d740e08b717148607a6b
informantnumber: A7728
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Weighed out without irons
plea: admitted
penaltyrequired: 1
decisiondate: 24/04/2018
hearing_title: Canterbury R 21 April 2018 - R 2 - Chair, Mr S Ching
charge:
facts:
Prior to the running of Race 2, the Gavelhouse.com Two-Year-Old, an Information was filed by Stipendiary Steward, Mr M Davidson against Licensed Class A Jockey Mr J Laking, alleging a breach of Rule 649(1)(a) in that he weighed out without irons for DEVIOUS in Race 2 at 11.15am.
Rule 649(1)(a) reads as follows:
(1) A Rider must not:
(a) do or permit any wrongful act or omission with respect to weight or weighing;
Mr Laking had indicated on the Information that the breach was admitted, and this was confirmed at the hearing. Mr Laking also confirmed he understood the Rule he was being charged with.
Mr Davidson gave evidence that Mr Laking was engaged to ride DEVIOUS in Race 2 and Stipendiary Steward, Mr N McIntyre was present when Mr Laking weighed out. Mr McIntyre checked Mr Lakings gear following weigh out and discovered that the irons were missing on the saddle. Mr Davidson stated Stewards are always dubious of the intent of a rider who attempts to weigh out with gear missing. He said that Mr Laking had signed off on the weigh sheet after weighing out which showed intent. Mr Laking eventually re weighed with irons at .25 over the carded weight.
Mr Laking said that his actions were just stupidity. He admitted weighing out without irons as he was concerned that he was going to struggle to make the weigh set for DEVIOUS if he had all his gear. As it turned out, he said, he still made the weight with the irons and had not needed to try and weigh without the irons.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Laking had admitted this breach of the Rules it was found to be proved.
sumissionsforpenalty:
Mr Davidson stated that this was a serious matter and submitted that a suspension was an appropriate penalty. He said Mr Laking had advised the Stewards that he was not in a position to pay a fine and would prefer a suspension. Mr Davidson stated that previous breaches of this rule had varied monetary ($200 to $1000) and suspension (up to 4 weeks- being a jumps rider) penalties imposed. Mr Davidson submitted that after taking all factors into consideration including the intent by Mr Laking to weigh out without irons, that a 7 to 8 National Day suspension be imposed as penalty in this case.
Mr Laking confirmed to the Committee that he was not in a position to pay a fine and would prefer a suspension. Mr Laking also requested a deferment of penalty until after racing at Otago on 24 April as he had confirmed rides there.
reasonsforpenalty:
The JCA Penalty Guide does not provide a starting point for a breach of this rule but refers that penalty be fact dependant. In determining penalty, we have taken into consideration all factors, the aggravating being the intent by Mr Laking to deceive, with the mitigating factors being Mr Laking’s frank admission of the breach and his complete and open honesty with regard to this incident. The Committee researched previous penalties for a breach of this rule with varied results as Mr Davidson had alluded to, with a large range of penalties imposed. After consideration, this Committee determined that a period of suspension was an appropriate penalty in this case. This period we set at 2 weeks.
Mr Laking’s request for a deferment until after racing at Otago on 24 April is granted.
penalty:
Accordingly, Mr Laking’s Class A licence is suspended from the conclusion of racing 24 April up to and including 8 May 2018.
hearing_type: Hearing
Rules: 649(1)(a)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: J Laking-Licensed Class A Jockey, Mr J Laking - Licensed Class A Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 48561cf8f5bbc082a608a1d1e6993021
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8402813a5f88c15baf0f743723c20d18
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/04/2018
meet_title: Canterbury JC - 21 April 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: ASmith
meet_pm2: none
name: Canterbury JC