Archive Decision

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Taranaki TRI 24 September 2016 – R 3 – Chair, Mr P Williams

ID: JCA11439

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr B Hong - Apprentice Jockey

Other Person:
Mr J Wheeler - Licensed Trainer and Mr Hong's employer, Mr B Jones - Stipendiary Steward

Information Number:
A7683

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taranaki RC - 24 September 2016

Meet Chair:
PWilliams

Meet Committee Member 1:
TBird

Race Date:
2016/09/24

Race Number:
R3

Decision:

As Mr Hong admitted the breach the charge is found proved.

Penalty:

Mr Hong is suspended for 3 riding days from the close of racing on Saturday 24 September 2016 to the close of racing on Thursday 6 October 2106 – the 3 days being Waverley (29 September), Hastings (1 October) and Tauherenikau (6 October).

Facts:

Following the running of race 3, the "Harold Tuson Life Member 1300" Information A7683 was filed by Stipendiary Steward Mr N Goodwin under Rule 638(1)(d). The Information stated "BB Hong (Ledbury) allowed his mount to shift in near the 1100m when not clear of "Tigger Tahnee" (D Turner) which was checked losing ground". Mr Hong signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged. Mr Hong was assisted by his employer, licensed trainer Mr J Wheeler.

Rule 638 (1) (d) states "A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless".

Submissions for Decision:

Mr Jones, using the head-on and side-on films of the race shortly after the start identified Mr Hong who had started from barrier 7 on "Ledbury" racing approximately 3-4 horse widths off the rail and towards the rear of the field. He said the films showed Mr Hong shifting across to be closer to the rail and that after approximately 200m whilst continuing to move inwards he took the rightful line of Mr Turner on "Tigger Tahnee" who was racing close to the rail causing that horse to be checked. Mr Jones used the side-on film to show that Mr Hong was barely his own length in front of Mr Turner when Mr Turner was forced to take hold of his horse.

Mr Hong said he was trying to get his horse in a position closer to the rail and looked inside to see if there was enough room for him. He said he thought Mr Turner was not racing as quickly as he obviously was but also that Mr Turner’s horse had overreacted when the incident occurred making it look worse than it was. He conceded, however, that he was not the required distance clear when he ended up in front of Mr Turner.

Mr Wheeler did not disagree with Mr Jones’ interpretation of the film and said Mr Hong had simply misjudged the distance he was in front of Mr Turner when crossing him. He said he thought the severity of the breach was at the low end.

Submissions for Penalty:

Mr Goodwin said Mr Hong had not previously breached the careless riding Rule in his short career as a jockey in New Zealand. He said the Stewards viewed the severity of the breach below mid range and whilst he submitted a period of suspension was an appropriate penalty he did not specify how many days that should be. Mr Goodwin said that the Stewards considered Mr Hong to be a "central districts rider".

Mr Hong said he had just started his career as a jockey (not having ridden prior to coming to New Zealand) and this was his 14th raceday ride. He also asked the Committee to take into account his admittance of the breach and that this was his first charge under the careless riding Rule when considering the penalty to be imposed.

Mr Wheeler had no additional comments to make but said that he was not seeking any deferment of any suspension that might be imposed.

Reasons for Penalty:

The Committee has reviewed films of the incident and taken into account all the submissions made. The interpretation of the films has not been disputed by Mr Hong or Mr Wheeler and they clearly show that shortly after the start Mr Hong commenced to move inwards towards the rail and in doing so caused a check to "Tigger Tahnee" because he was not the required distance clear when ending up in front of that horse. The Committee is not convinced Mr Hong did look to his inside as he was moving across but considers the severity of the breach to be below mid-range.

The Committee believes the interference caused must be reflected in an appropriate penalty which we have decided is a period of suspension. The JCA’s Penalty Guidelines state the starting point for a breach of the careless riding rule is 5 riding days. We do not believe the severity of the breach justifies an increase in the starting point. Having taken into account Mr Hong’s raceday inexperience, his admittance of the breach and also that this is his first breach of this Rule we believe on this occasion a reduction of 2 days from the 5 day starting point is appropriate.

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: 1bb8bd2e4a55a196c23612395f2dbe23


informantnumber: A7683


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 25/09/2016


hearing_title: Taranaki TRI 24 September 2016 - R 3 - Chair, Mr P Williams


charge:


facts:

Following the running of race 3, the "Harold Tuson Life Member 1300" Information A7683 was filed by Stipendiary Steward Mr N Goodwin under Rule 638(1)(d). The Information stated "BB Hong (Ledbury) allowed his mount to shift in near the 1100m when not clear of "Tigger Tahnee" (D Turner) which was checked losing ground". Mr Hong signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged. Mr Hong was assisted by his employer, licensed trainer Mr J Wheeler.

Rule 638 (1) (d) states "A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless".


appealdecision:


isappeal:


submissionsfordecision:

Mr Jones, using the head-on and side-on films of the race shortly after the start identified Mr Hong who had started from barrier 7 on "Ledbury" racing approximately 3-4 horse widths off the rail and towards the rear of the field. He said the films showed Mr Hong shifting across to be closer to the rail and that after approximately 200m whilst continuing to move inwards he took the rightful line of Mr Turner on "Tigger Tahnee" who was racing close to the rail causing that horse to be checked. Mr Jones used the side-on film to show that Mr Hong was barely his own length in front of Mr Turner when Mr Turner was forced to take hold of his horse.

Mr Hong said he was trying to get his horse in a position closer to the rail and looked inside to see if there was enough room for him. He said he thought Mr Turner was not racing as quickly as he obviously was but also that Mr Turner’s horse had overreacted when the incident occurred making it look worse than it was. He conceded, however, that he was not the required distance clear when he ended up in front of Mr Turner.

Mr Wheeler did not disagree with Mr Jones’ interpretation of the film and said Mr Hong had simply misjudged the distance he was in front of Mr Turner when crossing him. He said he thought the severity of the breach was at the low end.


reasonsfordecision:


Decision:

As Mr Hong admitted the breach the charge is found proved.

sumissionsforpenalty:

Mr Goodwin said Mr Hong had not previously breached the careless riding Rule in his short career as a jockey in New Zealand. He said the Stewards viewed the severity of the breach below mid range and whilst he submitted a period of suspension was an appropriate penalty he did not specify how many days that should be. Mr Goodwin said that the Stewards considered Mr Hong to be a "central districts rider".

Mr Hong said he had just started his career as a jockey (not having ridden prior to coming to New Zealand) and this was his 14th raceday ride. He also asked the Committee to take into account his admittance of the breach and that this was his first charge under the careless riding Rule when considering the penalty to be imposed.

Mr Wheeler had no additional comments to make but said that he was not seeking any deferment of any suspension that might be imposed.


reasonsforpenalty:

The Committee has reviewed films of the incident and taken into account all the submissions made. The interpretation of the films has not been disputed by Mr Hong or Mr Wheeler and they clearly show that shortly after the start Mr Hong commenced to move inwards towards the rail and in doing so caused a check to "Tigger Tahnee" because he was not the required distance clear when ending up in front of that horse. The Committee is not convinced Mr Hong did look to his inside as he was moving across but considers the severity of the breach to be below mid-range.

The Committee believes the interference caused must be reflected in an appropriate penalty which we have decided is a period of suspension. The JCA’s Penalty Guidelines state the starting point for a breach of the careless riding rule is 5 riding days. We do not believe the severity of the breach justifies an increase in the starting point. Having taken into account Mr Hong’s raceday inexperience, his admittance of the breach and also that this is his first breach of this Rule we believe on this occasion a reduction of 2 days from the 5 day starting point is appropriate.


penalty:

Mr Hong is suspended for 3 riding days from the close of racing on Saturday 24 September 2016 to the close of racing on Thursday 6 October 2106 – the 3 days being Waverley (29 September), Hastings (1 October) and Tauherenikau (6 October).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr B Hong - Apprentice Jockey


Otherperson: Mr J Wheeler - Licensed Trainer and Mr Hong's employer, Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 68ca1d5d4ccdb5602e6285e2db2dbafa


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


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meetdate: 24/09/2016


meet_title: Taranaki RC - 24 September 2016


meet_expappcomment:


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tracklocation: taranaki-rc


meet_racingtype: thoroughbred-racing


meet_chair: PWilliams


meet_pm1: TBird


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name: Taranaki RC