Archive Decision

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Otago RC 2 February 2019 – R 8 – Chair, Prof G Hall

ID: JCA17036

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr J Laking - Licensed Class A Jockey

Other Person:
Mr J McLaughlin - Stipendiary Steward

Information Number:
A9069

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 2 February 2019

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2019/02/02

Race Number:
R 8

Decision:

As Mr Laking has admitted the breach it found to be proved.

Penalty:

After a one-day discount for admission of the breach, the penalty is a 13-day suspension. He is suspended from 4 February to 23 February 2019, inclusive.

Facts:

Mr Davidson alleged that Mr Laking (KOLONEL KEV) in race 8, the WHITE ROBE LODGE WEIGH FOR AGE 1600m, permitted his mount to shift inwards near the 1200 metres causing BOOTS ‘N’ ALL (J Lowry) to be dictated inwards on to TOMMY TUCKER (D Prastiyou) which clipped a heel and blundered.

Mr McLaughlin, Stipendiary Steward, demonstrated on the films that Mr Laking came across from a wide gate and placed pressure on BOOTS ‘N’ ALL, which in turn placed pressure on TOMMY TUCKER, which clipped a heel and blundered badly.

Mr Laking explained he had been watching the horse in front and was aiming to be inside of that. He had got to a position 2 off the fence sooner than he had intended. He acknowledged there had been yelling. When he realised that he was placing pressure on BOOTS ‘N’ ALL and TOMMY TUCKER it was too late, as the damage had been done.

Submissions for Penalty:

Mr Davidson produced the respondent’s record which evidenced 4 previous breaches of the careless riding rule. These were 15 February 2018, 4 July, 22 September and 9 October 2018. He added that Mr Laking had taken time off from riding over Xmas. He said Mr Laking was a regular South Island rider and, in his opinion, this record could be regarded as neutral.

Mr Davidson said it was a Group 3 Listed Race and the breach was high end. The horse TOMMY TUCKER had clipped a heel and the outcome could have been much worse.

Mr Laking said he accepted Mr Davidson’s assessment of the breach.

Reasons for Penalty:

Mr Laking has shifted inwards shortly after the start when not clear of the horses to his inside. He has placed pressure on two horses, and one has blundered badly. We accept the Informant’s submission that the breach is high end, and indeed Mr Laking does not dispute this. This is to his credit. He has been frank in his assessment of his ride.

We take a 10-day starting point as in the Penalty Guide, and uplift this by 3 days for the status of the race and the fact that a horse blundered badly as a consequence of his actions. We also believe Mr Laking’s record warrants a one-day uplift. We do not overlook the fact he is a fairly busy South Island rider and has had no breach for 4 months, but this is a fifth breach in the past 12 months, and we note he had a break from riding around Xmas.

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: c5232ad521ee5ccd7f081412737a7578


informantnumber: A9069


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 07/02/2019


hearing_title: Otago RC 2 February 2019 - R 8 - Chair, Prof G Hall


charge:


facts:

Mr Davidson alleged that Mr Laking (KOLONEL KEV) in race 8, the WHITE ROBE LODGE WEIGH FOR AGE 1600m, permitted his mount to shift inwards near the 1200 metres causing BOOTS ‘N’ ALL (J Lowry) to be dictated inwards on to TOMMY TUCKER (D Prastiyou) which clipped a heel and blundered.

Mr McLaughlin, Stipendiary Steward, demonstrated on the films that Mr Laking came across from a wide gate and placed pressure on BOOTS ‘N’ ALL, which in turn placed pressure on TOMMY TUCKER, which clipped a heel and blundered badly.

Mr Laking explained he had been watching the horse in front and was aiming to be inside of that. He had got to a position 2 off the fence sooner than he had intended. He acknowledged there had been yelling. When he realised that he was placing pressure on BOOTS ‘N’ ALL and TOMMY TUCKER it was too late, as the damage had been done.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Laking has admitted the breach it found to be proved.


sumissionsforpenalty:

Mr Davidson produced the respondent’s record which evidenced 4 previous breaches of the careless riding rule. These were 15 February 2018, 4 July, 22 September and 9 October 2018. He added that Mr Laking had taken time off from riding over Xmas. He said Mr Laking was a regular South Island rider and, in his opinion, this record could be regarded as neutral.

Mr Davidson said it was a Group 3 Listed Race and the breach was high end. The horse TOMMY TUCKER had clipped a heel and the outcome could have been much worse.

Mr Laking said he accepted Mr Davidson’s assessment of the breach.


reasonsforpenalty:

Mr Laking has shifted inwards shortly after the start when not clear of the horses to his inside. He has placed pressure on two horses, and one has blundered badly. We accept the Informant’s submission that the breach is high end, and indeed Mr Laking does not dispute this. This is to his credit. He has been frank in his assessment of his ride.

We take a 10-day starting point as in the Penalty Guide, and uplift this by 3 days for the status of the race and the fact that a horse blundered badly as a consequence of his actions. We also believe Mr Laking’s record warrants a one-day uplift. We do not overlook the fact he is a fairly busy South Island rider and has had no breach for 4 months, but this is a fifth breach in the past 12 months, and we note he had a break from riding around Xmas.


penalty:

After a one-day discount for admission of the breach, the penalty is a 13-day suspension. He is suspended from 4 February to 23 February 2019, inclusive.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr J Laking - Licensed Class A Jockey


Otherperson: Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9492e32f5031e09501a594a0dda3c56b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a6fbc15d92500b0c224bb7528e740ad4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/02/2019


meet_title: Otago RC - 2 February 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Otago RC