Non Raceday Inquiry RIU v M Cheung – Decision dated 10 February 2014

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decisiondate: 10/02/2014

hearing_title: Non Raceday Inquiry RIU v M Cheung - Decision dated 10 February 2014

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NON RACEDAY ENQUIRY RIU V M CHEUNG - 9 February 2014

JUDICIAL COMMITTEE DECISION

Informant: Mr A Coles – Stipendiary Steward

Defendant: Mr M Cheung – Licensed Apprentice Rider

Information No: 2795

Meeting: Avondale JC

Date: 13 January 2014 (adjourned until 9 February 2014 and held at Pukekohe Park)

Venue: Avondale Racecourse

Race: 7

Rule No: 638 (1) (d)

Judicial Committee: R Seabrook, Chairman – A Dooley, Committee Member

Plea: Not admitted

Also Present: Mr S Ritchie (Employer, assisting Mr M Cheung), Mr Williamson, Stipendiary Steward

At the commencement of the enquiry Mr Coles filed authorisation from Mr M Godber General Manager of RIU for this committee to hear the charge against Mr M Cheung under rule 638 (1) (d).

CHARGE:

Careless Riding

FACTS:

Following race 7, 13 January 2014, the informant Mr A Coles, alleged that near the 900 metres Mr Cheung allowed his mount RUSTY HEIGHTS to shift in when not clear of TURRET HILL which was severely checked dislodging rider Miss A Collett.

Mr Cheung acknowledged to the committee he understood the nature of the Inquiry, the charge and confirmed he denied the breach. Mr Cheung was assisted at the hearing by his employer Mr S Ritchie.

Rule 638 (1) (d) provides that: a rider shall not ride a horse in a manner which the judicial committee considers to be careless.

SUBMISSION(s):

Mr Williamson demonstrated the video films pointing out RUSTY HEIGHTS (M Cheung) racing in a 3 wide position approximately 100 metres after the start. He also showed the racing positions of JAFFA JILL (B Grylls) and TURRET HILL (A Collett). Mr Williamson said that initially RUSTY HEIGHTS was taken in by MINGS MAN (A Forbes) placing Mr Cheung in restricted room. He also said Miss Grylls allowed her mount to follow Mr Cheung in. Mr Williamson then pointed out on the side on film Mr Cheung looking around before permitting his mount to shift in. He said at no point was Mr Cheung the required distance clear of Miss Collett who was racing on his inside. Mr Williamson said it was of concern to the stewards that Mr Cheung did not make sufficient effort to relieve the pressure on Miss Collett.

Mr Ritchie did not wish to cross examine Mr Williamson.

However, Mr Ritchie went on to tell the hearing that if Mr Cheung had made a mistake he needed to teach him. He believed on this occasion Mr Cheung was a victim of circumstances as Mr Forbes, a senior apprentice, had dictated Mr Cheung’s line. He conceded it was an “ugly incident” when Miss Collett went through the rail but said another factor was the erratic manner in which RUSTY HEIGHTS was racing. Mr Ritchie conceded that Mr Cheung could have reacted to the incident more quickly.

Mr Cheung told the committee he was in an awkward position between Miss Collett and Miss Grylls. He said the trainer had advised him not to go to the inside so he did not go there deliberately.

Miss A Collett was then called by Mr Coles as a witness. She stated that 100 metres after the start she started receiving pressure from Mr Cheung’s mount on her outside. Miss Collett said she called out when Mr Cheung was approximately a neck in front of her. Miss Collett said she was entitled to the line she was on but could see what was going to happen. She added that if Mr Cheung had held his line all would have been fine and the incident would not have happened.

In response to a question from the committee, Mr Cheung confirmed that Miss Collett had called out to him.

Mr Coles, in summing up, said Miss Collett was entitled to be where she was. He stated the incident only happened after Mr Forbes had gone clear and he did not accept that Mr Cheung could not move out and relieve the pressure. He conceded that RUSTY HEIGHTS was not an easy ride but Mr Cheung should have made a much greater effort to relieve the pressure when he had the opportunity to do so.

Mr Ritchie, in summing up, said in his opinion Mr Cheung could not relieve the pressure as Miss Grylls was in his place. He concluded by saying RUSTY HEIGHTS was an awkward horse to ride and was of the opinion a suspension was too harsh for an apprentice.

REASONS FOR DECISION:

The committee carefully considered all the evidence as submitted and reviewed the video films frame by frame several times. The films clearly showed that approximately 100 metres after the start RUSTY HEIGHTS was racing in a 3 wide position and to his outside was MINGS MAN (A Forbes) and JAFFA JILL (B Grylls). At this stage MINGS MAN was on an inward movement which the committee concedes tightened RUSTY HEIGHTS initially. However we do not accept this had any bearing on the incident which resulted in Miss Collett being dislodged. We note at this point Miss Grylls was still in a 5 wide position and not placing any pressure on RUSTY HEIGHTS. As Miss Grylls followed RUSTY HEIGHTS inwards it is clear there is a gap between her mount and Mr Cheung’s mount. At this point Mr Cheung looked in when only ½ length clear of Miss Collett but still racing one off the running rail. He then continues to allow his mount to shift in and directly into the line of Miss Collett which resulted in her being forced through the running rail and being dislodged from her mount.

The committee is satisfied that Miss Grylls did not contribute to the incident and that Mr Cheung was not the required distance clear of Miss Collett when moving in.

DECISION:

Accordingly and for the reasons above, we find the charge proved.

SUBMISSION(s) ON PENALTY:

Mr Coles told the committee that Mr Cheung had been riding for one and a half years. He said Mr Cheung has had 130 race day rides and in that time had incurred 2 charges one of which resulted in a fall incurring a 14 day suspension, this was in 2012. Mr Coles stated that under normal circumstances an incident where a rider is dislodged attracts a 3-4 week suspension. However he said there were a lot of mitigating factors to be taken into account when assessing penalty. He submitted that overall Mr Cheung had a reasonably good record and an appropriate penalty taking into account the mitigating factors would be a suspension of 8-12 days. Mr Coles produced a record of similar breaches covering 7 incidents where riders were dislodged or a fall was involved. Those penalties imposed ranged from 6 days (with mitigating circumstances) up to 3 weeks.

Mr Ritchie told the committee Mr Cheung had committed rides on 12 February 2014 and any proposed suspension could commence after then. Mr Ritchie confirmed Mr Cheung only rode in the North Island.

REASON(s):

The committee carefully considered all penalty submissions before imposing an appropriate penalty. Mitigating factors pertinent to this charge are Mr Cheung’s inexperience as an apprentice rider and his inability to control his mount. The committee did note that RUSTY HEIGHTS was proving difficult for Mr Cheung to control. In aggravation on this occasion Mr Cheung failed to take the required action to relieve the pressure on Miss Collett when he had the opportunity to do so. The consequence of this was Miss Collett being dislodged from her mount. The committee considers this breach to be in the mid to high range but concedes his record in the last 12 months in particular, is reasonably good.

However, the committee is concerned that this is Mr Cheung’s 2nd breach under this rule which has involved a fellow rider being dislodged. We note the prior breach occurred on 27.8.2012 and incurred a 14 day suspension. Today’s breach has been adjusted downwards because of the mitigating factors.

PENALTY:

Accordingly after taking all the above into account and under the provisions of 1106 (2) we impose a suspension on Mr Cheung from riding in races which is to start after racing on 12 February and conclude after racing on 27 February 2014 (10 North Island days).

Richard Seabrook           Adrian Dooley

Chairman                       Committee Member

10 February 2014

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