Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Taranaki TR 18 November 2011 – R 5

ID: JCA14235

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr D Lui - Apprentice Jockey

Other Person:
Mr A Sharrock - Trainer representing Mr Lui

Information Number:
3063

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taranaki RC - 18 November 2011

Meet Chair:
ISmith

Meet Committee Member 1:
TUtikere

Race Date:
2011/11/18

Race Number:
R 5

Decision:

As Mr Lui admitted the breach, the committee finds the charge proved.

Penalty:

Mr D Lui is suspended from the close of racing on Sunday 20 November and up to the close of racing on Saturday 26 November (3 days).

Charge:

In that near the 200 metres, Apprentice D Lui permitted his mount MRS MAC to shift in when not clear of GLAIZEM which was checked.
Mr Lui confirmed he did admit the breach and understood the rule.

Facts:

Mr Goodwin, in using the head and side on films, explained to the committee that when turning for home, Mr Lui was travelling against the rail with GLAIZEM (ridden by Mr S Doyle) immediately behind him. Shortly after they turn for home, Mr Lui, who is in a nice position, moves off the rails, which leaves an opportunity and a clear line for Mr Doyle to move into, which he does, and moves up to the hind quarters of Mr Lui’s mount, where he is entitled to be. At this point, Mr Lui, whilst riding with vigour, moves back into the line of Mr Doyle, forcing Mr Doyle to check his mount.

Submissions for Penalty:

Mr Goodwin said that Mr Lui has one previous charge under this rule (on 20 October 2011) and a suspension of 4 days. Mr Doyle has received a sharp check over several strides when improving. The Stewards seek a penalty by way of a suspension of four days.
Mr Sharrock stated that Mr Lui has only had one previous charge and felt that four days was too harsh a penalty for this interference.

When questioned by the committee on his future riding engagements, Mr Lui confirmed that his employer, Mr J Sargent, had been contacted and if a suspension was to be imposed, it could begin after Saturday 19 November.

In setting the days for a suspension, the committee noted that Sunday 20 November riders had been declared and that D Lui is not riding at that meet. After further consultation with D Lui, N Goodwin, and the Sargent stable representative on course (as Mr Sargent could not be contacted), it was confirmed that D Lui could start a suspension after Sunday 20 November.

Reasons for Penalty:

In reaching a penalty, the committee have adopted as a starting point, a suspension of five days, with mitigating factors being Mr Lui’s admission of the breach and his good riding record of only one previous charge under this rule, and where only one horse was involved. Aggravating factors were that D Lui, after moving out, continued to ride with vigour when taking the rightful line of S Doyle’s mount. The committee grade this offence in the mid to low range.

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: abc5b2d7a54095578200b3d9850cf1bf


informantnumber: 3063


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 14/11/2011


hearing_title: Taranaki TR 18 November 2011 - R 5


charge:

In that near the 200 metres, Apprentice D Lui permitted his mount MRS MAC to shift in when not clear of GLAIZEM which was checked.
Mr Lui confirmed he did admit the breach and understood the rule.


facts:

Mr Goodwin, in using the head and side on films, explained to the committee that when turning for home, Mr Lui was travelling against the rail with GLAIZEM (ridden by Mr S Doyle) immediately behind him. Shortly after they turn for home, Mr Lui, who is in a nice position, moves off the rails, which leaves an opportunity and a clear line for Mr Doyle to move into, which he does, and moves up to the hind quarters of Mr Lui’s mount, where he is entitled to be. At this point, Mr Lui, whilst riding with vigour, moves back into the line of Mr Doyle, forcing Mr Doyle to check his mount.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Lui admitted the breach, the committee finds the charge proved.


sumissionsforpenalty:

Mr Goodwin said that Mr Lui has one previous charge under this rule (on 20 October 2011) and a suspension of 4 days. Mr Doyle has received a sharp check over several strides when improving. The Stewards seek a penalty by way of a suspension of four days.
Mr Sharrock stated that Mr Lui has only had one previous charge and felt that four days was too harsh a penalty for this interference.

When questioned by the committee on his future riding engagements, Mr Lui confirmed that his employer, Mr J Sargent, had been contacted and if a suspension was to be imposed, it could begin after Saturday 19 November.

In setting the days for a suspension, the committee noted that Sunday 20 November riders had been declared and that D Lui is not riding at that meet. After further consultation with D Lui, N Goodwin, and the Sargent stable representative on course (as Mr Sargent could not be contacted), it was confirmed that D Lui could start a suspension after Sunday 20 November.


reasonsforpenalty:

In reaching a penalty, the committee have adopted as a starting point, a suspension of five days, with mitigating factors being Mr Lui’s admission of the breach and his good riding record of only one previous charge under this rule, and where only one horse was involved. Aggravating factors were that D Lui, after moving out, continued to ride with vigour when taking the rightful line of S Doyle’s mount. The committee grade this offence in the mid to low range.


penalty:

Mr D Lui is suspended from the close of racing on Sunday 20 November and up to the close of racing on Saturday 26 November (3 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr D Lui - Apprentice Jockey


Otherperson: Mr A Sharrock - Trainer representing Mr Lui


PersonPresent:


Respondent:


StipendSteward:


raceid: eb3fc514eea1d66a8f45cf149dd36bf1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ab91bf5540478f688b7bd557ee15c585


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/11/2011


meet_title: Taranaki RC - 18 November 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taranaki-rc


meet_racingtype: thoroughbred-racing


meet_chair: ISmith


meet_pm1: TUtikere


meet_pm2: none


name: Taranaki RC