Marlborough RC 2 May 2010

hearingid: 293812e0e06b2167a96dc1033bb4f538

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Marlborough RC 2 May 2010

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr J Mclaughlin, Mr R Neal - Stipendiary Stewards

Defendant:  Mr J Laking

Information No:  6943

Meeting:  Marlborough Racing Club

Date:  2 May 2010

Venue:  Blenheim

Race:   N/A

Rule No:  610(2)(a)

Judicial Committee:  P Williams, Chairman – P Rosanowski, Committee Member 

Plea:  Admitted

FACTS:

Information 6943 was filed by Stipendiary Steward Mr J McLaughlin against Mr J Laking alleging a breach of rule 610(2)(a).  The information stated that “J Laking (Jockey) rode track work at Riccarton on 28/4/10 without a body protector”.

Rule 610 (2) (a) states “A rider shall, when mounted on a horse, wear….. (a) a properly fastened body protector of a type and standard approved by NZTR, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states it complies with the relevant type and standard approved by NZTR……”

Mr Laking, indicated the breach of the rule was admitted and also that he understood the charge and the rule it was laid under.  As the breach of the rule was admitted the charge was proven.

SUBMISSIONS:

Mr McLaughlin said whilst attending the Riccarton track on the morning of 28 April 2010 he noticed Mr Laking riding off the training track after working a horse.  He noticed that Mr Laking “looked light” - was wearing a grey jacket that he often rides trackwork in but there was no bulk underneath it. He said he asked Mr Laking to come closer to him at which point Mr Laking said that he knew what was being looked at and that the body protector was in his car. Mr McLaughlin then advised Mr Laking he would be charged with a breach of the rules and the hearing would be at the Marlborough races being held that weekend.

Mr Laking said he had no excuses and it was carelessness on his part.  He had come up from Ashburton to ride work and packed all his race day gear for the trip north to Blenheim.  On arriving at the course the horse was ready to be worked and he jumped on and rode it straightaway without first going to his riding gear and putting on his body protector.  On leaving the track Mr McLaughlin had seen him, spoken to him and advised him that he would be charged.

SUBMISSIONS ON PENALTY:

Mr McLaughlin submitted that a fine of between $300 and $400 was an appropriate penalty.  Mr Neal said he had dealt with similar breaches of this rule in the North Island where the most recent breach saw a trainer fined $400.  On two previous occasions in the South Island the fines had been $350.

Mr Laking said this was his first charge under the rule and also that he had received a warning in relation to a similar matter some time ago.

REASONS:

The Committee has considered the submissions put before it and taken into account Mr Laking’s frank admittance of the breach, his honesty in relation to telling the Committee about his previous warning and the fact that this was his first charge under this rule.  It was clearly an error of judgment on his part.  We have also had the benefit of referring to the most recent decisions in relation to charges under this rule posted on the JCA website.  As a senior rider however, you are aware of the rules regarding the wearing of body protectors, especially given NZTR’s regular reminders to all riders of the requirement to wear the required safety equipment at all times, and the and the health and safety of riders and others when they are not worn.

PENALTY:

We are satisfied; in this case, that a fine is an appropriate penalty and Mr Laking is fined the sum of $375.

P Williams                    P Rosanowski

CHAIR                          Committee Member

6943

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Rules: 610(2)(a)

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