Hororata RC – 1 April 2006 –

hearingid: 45f238c3df9f10190866914d9b685042

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hearing_racingtype: thoroughbred-racing

startdate: 01/04/2006

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hearing_title: Hororata RC - 1 April 2006 -

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Decision:

Hearing of information number 6271 filed under Rule 871(1)(d) by Mr SC Ching alleging that JD Laking, the rider of "Coup Wellington", allowed his mount to move inwards when not sufficiently clear causing "Themadmarchhare" to be checked.

Hearing of information number 6271 filed under Rule 871(1)(d) by Mr SC Ching alleging that JD Laking, the rider of "Coup Wellington", allowed his mount to move inwards when not sufficiently clear causing "Themadmarchhare" to be checked. This incident happened with approximately 200 metres from the winning post.

DECISION:

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• Following the protest hearing into Race 8, Mr Ching charged Mr JD Laking with careless riding (Rule 871(1)(d).

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• For the purposes of the hearing, both Mr Laking and Mr Ching agreed that we could adopt the evidence heard in the protest hearing for the purposes of this charge.

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• Mr Laking admitted the charge.

Mr Ching submitted that he was of the view that the carelessness was in the medium range, and even though Mr Laking had a clear record insofar as careless riding charges are concerned, over the last twelve months, that a suspension was nevertheless called for.

Mr Laking told the committee that a suspension would cause him some hardship, because he had just finished a three week suspension for being overweight, and he felt that he would get a weight problem again, if he was suspended. He wanted a fine to be imposed.

In determining penalty, we considered the mitigating factors to be Mr Laking's early guilty plea and the contribution (albeit minor) to the interference by "Condore". The aggravating features are the consequences of the interference - namely the relegation of the placings and the compromise to Ms Young's safety.

We are sympathetic to Mr Laking's submission but the reality is that because of the consequence of his careless riding, that a suspension must be imposed. We consider that an appropriate penalty is three days suspension or the equivalent thereof.

In this case we set the penalty as follows:

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• There will be one week's suspension which commences as of the conclusion of racing on 1^st April 2006 and concludes at the conclusion of racing on Saturday 8^th April 2006. This is the equivalent of a two day suspension for a South Island rider.

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• In addition there will be a fine of $500 imposed.

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hearing_type: Old Hearing

Rules: 871.1.d

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