Otago RC – 3 December 2006 –

hearingid: 24bedd02e425674ce9c781436ba4b7b5

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hearing_racingtype: thoroughbred-racing

startdate: 03/12/2006

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hearing_title: Otago RC - 3 December 2006 -

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Mr Laking you?ve admitted a breach of Rules 858(1)(b) and 520(4)(c) in that you attempted to weigh out for GRACE PARK without stirrup leathers or stirrup irons on the scales and failed to make the contracted weight for GRACE PARK

Mr Laking you?ve admitted a breach of Rules 858(1)(b) and 520(4)(c) in that you attempted to weigh out for GRACE PARK without stirrup leathers or stirrup irons on the scales and failed to make the contracted weight for GRACE PARK. We thus find the charges proved.

Mr Ching has said that you have an ongoing problem with weight and was surprised you were riding GRACE PARK at 54.5 kg in the 1^st. He thus carefully watched you weigh out and lifted up the 2 pads to see no stirrup leathers and no irons.

In reference to your record with respect to weight issues, Mr Ching noted you had been fined at Otago recently and had been suspended in a previous season. The Chairman is well aware of these occasions as he was also Chairman of those Committees.

We have been unable to locate any precedents with respect to a breach of these rules in comparable circumstances. Mr Ching has helpfully assisted us to locate the penalty that was imposed on Mr J Bullard on 3 September last. That was a fine of $400 for a breach of rule 520(4)(c) only. We believe the matter related to 5 rides. We approach our assessment of penalty by having regard to the seriousness of your actions. This was a deliberate attempt to avoid losing the ride on GRACE PARK because you thought you would be unable to make the weight despite the 1/2 kg margin. Your failure to add stirrup leathers and irons would have saved you an estimated 1/4 to 1/2 kg. On this occasion all the difference you needed to make the weight.

As Mr Ching has said, this was an attempt to cheat the system and was to the detriment of the public, the punter, the connections and ultimately yourself.

In mitigation is your constant battle with your weight, your professional attitude in the Judicial Room, your ready admission of the breaches and your clear remorse. At some point, however, the message has to get through, accept rides only at higher weights, despite the fact this may cost you winning opportunities. On the other side of the coin, it will keep you out of the Judicial Room! We adopt a starting point of 6 days and give you a discount for the mitigating features we have identified. You are suspended from riding at the conclusion of racing today up to and including 22 December 2006. This period of 3 weeks is in effect 4 South Island racing days.

While there are 2 breaches of the Rules we have had regard to the totality of your actions and impose the 4 day suspension in respect of the breach of rule 858(1)(b) and give you a formal warning, which is to remain on your record, for the breach of 520(4)(c).

G Hall Chairman

G Acklin Member

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hearing_type: Old Hearing

Rules: 520.4.c, 858.1.b

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