Archive Decision

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Canterbury Racing – 4 October 2008 – Race 10

ID: JCA22545

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Canterbury Racing - 4 October 2008

Race Date:
2008/10/04

Race Number:
Race 10

Decision:

Following the running of Race 10, the First Sovereign Trust Rating 70, Stipendiary Steward Mr J. P. Oatham laid an information pursuant to Rule 871(1)(d) alleging Jockey J. D. Laking rode carelessly.



Following the running of Race 10, the First Sovereign Trust Rating 70, Stipendiary Steward Mr J. P. Oatham laid an information pursuant to Rule 871(1)(d) alleging Jockey J. D. Laking rode carelessly.

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Mr Laking had indicated on the information that he admitted this breach of this Rules, and he confirmed this at the hearing.  Mr Laking also acknowledged that he understood the Rule and the charge.

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This incident was illustrated by means of video coverage, and showed that at about the 400 metre mark Mr Laking  (“Mr Gilligan”) had shifted ground outwards when not sufficiently clear, forcing “Toms Oscar” (Mr D. Walsh) onto the heels of the riderless “Transcend” (10).

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Mr Laking agreed that he had made an error in judgement.

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PENALTY:  

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In relation to penalty Mr Oatham advised that Mr Laking has had two suspensions for careless riding in the last 12 months, these being on the 28 March 2008 at Otago (4 days) and on 30 December 2007 at Central Otago (6 days).  Mr Oatham said that the seriousness of this breach was mid-range and that Mr Laking should be given credit for his guilty plea.  Mr Oatham recommended a suspension of between 4 and 6 days.

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Mr Laking agreed that his riding record was “not flash” but had no other submissions to make.

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It was also established that Mr Laking had been suspended on 30 September 2008 at a non-race day hearing.  This suspension was to commence after racing on 5 October 2008, until after the completion of racing on 7 November 2008.

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We adjourned to consider the matter of penalty. We were satisfied that in the circumstances the recommended range for a suspension was appropriate.  We took into account Mr Laking’s two previous relevant convictions and the fact that the breach was assessed as being in the mid-range.  We also took into account Mr Laking’s guilty plea.  Finally we took into account that the suspension would include three Premier days racing.

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DECISION ON PENALTY:  

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On returning to the Enquiry Room we gave the following oral decision on penalty.

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“We have heard submissions on penalty, and Mr Oatham has recommended a 4 – 6 day suspension. This breach was mid-range and Mr Laking has had two previous convictions in the last 12 months.  A suspension must be imposed. We are aware that Mr Laking is suspended from 6 October to 7 November 2008 inclusive for a non-related breach.  A suspension of 5 – 6 days is justified.  However this will include three Premier days at the Canterbury Jockey Club.  Therefore Mr Laking

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will be suspended from the completion of racing on 7 November 2008 to the completion of racing on 21 November 2008 – four South Island riding days.”

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J. M. Phelan

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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: f2a92ce7c65a8f021e696e50860b0cfa


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 04/10/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Canterbury Racing - 4 October 2008 - Race 10


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 10, the First Sovereign Trust Rating 70, Stipendiary Steward Mr J. P. Oatham laid an information pursuant to Rule 871(1)(d) alleging Jockey J. D. Laking rode carelessly.



Following the running of Race 10, the First Sovereign Trust Rating 70, Stipendiary Steward Mr J. P. Oatham laid an information pursuant to Rule 871(1)(d) alleging Jockey J. D. Laking rode carelessly.

--

 

--

Mr Laking had indicated on the information that he admitted this breach of this Rules, and he confirmed this at the hearing.  Mr Laking also acknowledged that he understood the Rule and the charge.

--

 

--

This incident was illustrated by means of video coverage, and showed that at about the 400 metre mark Mr Laking  (“Mr Gilligan”) had shifted ground outwards when not sufficiently clear, forcing “Toms Oscar” (Mr D. Walsh) onto the heels of the riderless “Transcend” (10).

--

 

--

Mr Laking agreed that he had made an error in judgement.

--

 

--

PENALTY:  

--

 

--

In relation to penalty Mr Oatham advised that Mr Laking has had two suspensions for careless riding in the last 12 months, these being on the 28 March 2008 at Otago (4 days) and on 30 December 2007 at Central Otago (6 days).  Mr Oatham said that the seriousness of this breach was mid-range and that Mr Laking should be given credit for his guilty plea.  Mr Oatham recommended a suspension of between 4 and 6 days.

--

 

--

Mr Laking agreed that his riding record was “not flash” but had no other submissions to make.

--

 

--

It was also established that Mr Laking had been suspended on 30 September 2008 at a non-race day hearing.  This suspension was to commence after racing on 5 October 2008, until after the completion of racing on 7 November 2008.

--

 

--

We adjourned to consider the matter of penalty. We were satisfied that in the circumstances the recommended range for a suspension was appropriate.  We took into account Mr Laking’s two previous relevant convictions and the fact that the breach was assessed as being in the mid-range.  We also took into account Mr Laking’s guilty plea.  Finally we took into account that the suspension would include three Premier days racing.

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DECISION ON PENALTY:  

--

 

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On returning to the Enquiry Room we gave the following oral decision on penalty.

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“We have heard submissions on penalty, and Mr Oatham has recommended a 4 – 6 day suspension. This breach was mid-range and Mr Laking has had two previous convictions in the last 12 months.  A suspension must be imposed. We are aware that Mr Laking is suspended from 6 October to 7 November 2008 inclusive for a non-related breach.  A suspension of 5 – 6 days is justified.  However this will include three Premier days at the Canterbury Jockey Club.  Therefore Mr Laking

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will be suspended from the completion of racing on 7 November 2008 to the completion of racing on 21 November 2008 – four South Island riding days.”

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J. M. Phelan

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6d7f1cf63195e98d865270061951d1ab


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b2a6f53e749e98787c04fab54828f438


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/10/2008


meet_title: Canterbury Racing - 4 October 2008


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Canterbury Racing