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Waikato RC 18 May 2013 – R 8

ID: JCA16281

Applicant:
Mr R Neal - Co Chief Stipendiary Steward

Respondent(s):
Ms K Chiong - Apprentice Rider of ARNOLD

Other Person:
Mr M Williamson - Stipendiary Steward, Mr G Richardson - Trainer assisting Ms Chiong

Information Number:
3490

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 18 May 2013

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2013/05/18

Race Number:
R8

Decision:

As Ms Chiong admitted the breach we find the charge proved.

Penalty:

We note that Ms Chiong's prior suspension today commences after racing on 25th May and concludes after racing on 1st June 2013 as per Rule 1106(2).

Accordingly, we impose a suspension on Ms Chiong which will commence after racing on 1st June and conclude after racing on the 15th June 2013 (8 days).

The penalty did not include any South Island meetings as Mr Richardson on behalf of Ms Chiong confirmed that she did not intend riding at any upcoming South Island meetings.

Charge:

Following race 8, PGG Wrightson Grain Premier, an information was filed pursuant to Rule 638(1)(d). The Informant, Mr Neal, alleged that passing the 350 metres Ms Chiong permitted her mount ARNOLD to shift in when not clear of RUBY LIPS which was checked.

Mr Richardson acknowledged that Ms Chiong understood the nature of the charge and the Rule.

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

Facts:

Mr Williamson demonstrated the incident by using all the available films. He pointed out to the Committee that near the 300 metres Ms Chiong allowed her mount Arnold to shift out and make contact with Tango Terrific. Ms Chiong then straightened her mount and pulls the whip on Arnold which shifts in abruptly severely crowding Ruby Lips which loses momentum. On each occasion he said Ms Chiong was only a bare length clear.

Mr Richardson told the Committee that he viewed the level of carelessness as serious. He said Ms Chiong made a mistake when not balancing her mount up prior to using her whip again.

Ms Chiong had nothing further to add.

Submissions for Penalty:

Mr Neal produced Ms Chiong's record which now showed 2 previous breaches under this rule in the last 12 months. He submitted the level of carelessness is at the highest end. He said the Stewards have real concern that Ms Chiong permitted her mount to shift when not clear on 2 occasions in the final straight. He said the second time when Ms Chiong went for the whip is of concern as Ruby Lips was severely checked when Arnold shifted in abruptly. He submitted the Committee is well versed in the quantum of an appropriate penalty and reiterated the breach is at the top end.

Mr Richardson submitted that Ms Chiong is a very determined rider however, her lack of experience showed today. He admitted Ms Chiong made an error of judgement by not balancing up her mount prior to using the whip and acknowledged this is a serious breach. He further submitted there was no intent on Ms Chiong's part.

Mr Richardson confirmed that Ms Chiong only rode in the North Island.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Ms Chiong's admission of the breach, her good record prior to today this being her second charge in the race and she is an inexperienced apprentice rider. The aggravating fact is Ms Chiong was a bare length clear when shifting in and severely checking Ruby Lips. We believe Ms Chiong made a bad error of judgement when using the whip on Arnold because she did not have control of her mount which resulted in him shifting in abruptly.

We assess the level of carelessness is at the high end.

We referred to the JCA listing of penalties to determine a fair and consistent penalty for this type of breach.

After taking into account all the above factors we independently assess an appropriate penalty is 8 days suspension.

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: d3fc6409edb7d9b76f9feed028394f3e


informantnumber: 3490


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 07/05/2013


hearing_title: Waikato RC 18 May 2013 - R 8


charge:

Following race 8, PGG Wrightson Grain Premier, an information was filed pursuant to Rule 638(1)(d). The Informant, Mr Neal, alleged that passing the 350 metres Ms Chiong permitted her mount ARNOLD to shift in when not clear of RUBY LIPS which was checked.

Mr Richardson acknowledged that Ms Chiong understood the nature of the charge and the Rule.

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


facts:

Mr Williamson demonstrated the incident by using all the available films. He pointed out to the Committee that near the 300 metres Ms Chiong allowed her mount Arnold to shift out and make contact with Tango Terrific. Ms Chiong then straightened her mount and pulls the whip on Arnold which shifts in abruptly severely crowding Ruby Lips which loses momentum. On each occasion he said Ms Chiong was only a bare length clear.

Mr Richardson told the Committee that he viewed the level of carelessness as serious. He said Ms Chiong made a mistake when not balancing her mount up prior to using her whip again.

Ms Chiong had nothing further to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Chiong admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Neal produced Ms Chiong's record which now showed 2 previous breaches under this rule in the last 12 months. He submitted the level of carelessness is at the highest end. He said the Stewards have real concern that Ms Chiong permitted her mount to shift when not clear on 2 occasions in the final straight. He said the second time when Ms Chiong went for the whip is of concern as Ruby Lips was severely checked when Arnold shifted in abruptly. He submitted the Committee is well versed in the quantum of an appropriate penalty and reiterated the breach is at the top end.

Mr Richardson submitted that Ms Chiong is a very determined rider however, her lack of experience showed today. He admitted Ms Chiong made an error of judgement by not balancing up her mount prior to using the whip and acknowledged this is a serious breach. He further submitted there was no intent on Ms Chiong's part.

Mr Richardson confirmed that Ms Chiong only rode in the North Island.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Ms Chiong's admission of the breach, her good record prior to today this being her second charge in the race and she is an inexperienced apprentice rider. The aggravating fact is Ms Chiong was a bare length clear when shifting in and severely checking Ruby Lips. We believe Ms Chiong made a bad error of judgement when using the whip on Arnold because she did not have control of her mount which resulted in him shifting in abruptly.

We assess the level of carelessness is at the high end.

We referred to the JCA listing of penalties to determine a fair and consistent penalty for this type of breach.

After taking into account all the above factors we independently assess an appropriate penalty is 8 days suspension.


penalty:

We note that Ms Chiong's prior suspension today commences after racing on 25th May and concludes after racing on 1st June 2013 as per Rule 1106(2).

Accordingly, we impose a suspension on Ms Chiong which will commence after racing on 1st June and conclude after racing on the 15th June 2013 (8 days).

The penalty did not include any South Island meetings as Mr Richardson on behalf of Ms Chiong confirmed that she did not intend riding at any upcoming South Island meetings.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr R Neal - Co Chief Stipendiary Steward


JockeysandTrainer: Ms K Chiong - Apprentice Rider of ARNOLD


Otherperson: Mr M Williamson - Stipendiary Steward, Mr G Richardson - Trainer assisting Ms Chiong


PersonPresent:


Respondent:


StipendSteward:


raceid: fd76296b96a018e10899e30e28775594


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4f25d535d41044cc038796a9e2a471f9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/05/2013


meet_title: Waikato RC - 18 May 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Waikato RC