Westland RC 12 January 2012 – R 2 (heard at Greymouth on 14 January 2012)
ID: JCA22453
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Westland RC - 12 January 2012
Meet Chair:
KHales
Meet Committee Member 1:
JMillar
Race Date:
2012/01/12
Race Number:
R2
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: M Davidson – Stipendiary Steward
Defendant: CK Lui – Apprentice Jockey
Information No: A5864
Venue: Westland Racing Club
Date: 12 January 2012 (heard at Greymouth on 14 January 2012)
Judicial Committee: K Hales, Chairman – R McKenzie, Committee Member
Plea: Admitted
Also Present: Mr A Carston – Licensed Trainer assisting Mr Lui
Charge:
Alleged that CK Lui (Needastar) allowed his mount to shift in when not clear crowding Sea King (K Scallan) onto Hundred Pipers (T Moseley) who was crowded and checked passing the 1200 metres.
Facts:
At the beginning of the hearing, Stipendiary Steward, M Davidson explained that video coverage of the incident was not available. However, Mr Lui assisted by Licensed Trainer, A Carston, confirmed that the video coverage had been viewed by them at the meeting on Thursday 12th January and that the plea had been recorded after seeing the coverage.
Mr Davidson said that Mr Lui was having his first ride at the Hokitika Racecourse, which is a right handed track. The first turn out of the home straight is quite sharp and horses are often "thrown wide" when rounding the turn. Mr Lui encountered this, but after rounding the turn he corrected his line back towards the running rail. What he did not appreciate when doing this was that Ms Scallan on Sea King had improved on his inside. Mr Moseley on Hundred Pipers was in a trailing position behind Sea King. As a consequence of Mr Lui returning his mount over to the running rail, he caused crowding to Ms Scallan's mount which at that point, was approximately a half length ahead of Hundred Pipers, which was checked. Mr Mosely's mount received quite a severe check.
Mr Carston and Mr Lui confirmed that Mr Davidson had given a fair and accurate description of the incident which gave rise to the charge.
Mr Carston, on behalf of Mr Lui said that riders who are experienced in riding at Hokitika would not have improved up in the manner that Ms Scallan did, because experienced riders would know of the likelihood of a horse which is "thrown wide" by the turn, returning across to the rails position. Mr Davidson agreed with that and said that Ms Scallan was also inexperienced with the Hokitika track. It was her second ride on the course, her first ride having been Race 1.
Mr Lui was obviously not his own length and another length clear of Sea King when he moved back to a rails position which action constitutes careless riding. Obviously he had not looked to see what was happening on his inside.
Decision:
As Mr Lui has admitted the charge it is therefore deemed to be proved.
Submissions on Penalty:
Mr Davidson submitted that a suspension of 3-4 days should be imposed. He said that Mr Lui had incurred a suspension of 3 days for careless riding, at Waikato in October 2011. He further said that in his opinion, that even though the check to Mr Moseley looked quite bad, that he rated Mr Lui's carelessness in the lower to mid-range bracket. He submitted that credit should be given for his admission of the charge at an early stage.
Mr Carston told the hearing that Mr Lui has been riding in New Zealand for 10 months and that he is rated highly by the Sargent Stable (his employer). He has had some degree of success in the short time that he has been riding in New Zealand.
Reasons:
A starting point for the suspension is that of 5 days which would be an appropriate penalty in this instance. Mr Lui is an apprentice jockey, and even though there are mitigating circumstances, the fact is that there was quite a severe check to Mr Moseley's mount, whose safety was compromised as a result. That may be seen as justifying an uplift in penalty but we will not do so in this instance as we give Mr Lui credit for his early admission of the charge, and the fact that he was not accustomed to the vagaries of the Hokitika track. They are the mitigating features and as a consequence, we are able to give a discount of 2 days on our starting point, thus making the suspension that of 3 days.
Penalty:
Mr Lui is suspended from race riding for 3 days. He has not applied for a deferment of the coming into effect of the period of suspension. He is returning to the North Island. The period of suspension comes into effect immediately, and encompasses meetings at Whangarei, New Plymouth and Matamata on 18th, 19th and 20th January 2012 respectively.
JCA Decision Fields (raw)
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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: d18b4000c606b88a264c211ec9d1e44e
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 12/01/2012
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Westland RC 12 January 2012 - R 2 (heard at Greymouth on 14 January 2012)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: M Davidson – Stipendiary Steward
Defendant: CK Lui – Apprentice Jockey
Information No: A5864
Venue: Westland Racing Club
Date: 12 January 2012 (heard at Greymouth on 14 January 2012)
Judicial Committee: K Hales, Chairman – R McKenzie, Committee Member
Plea: Admitted
Also Present: Mr A Carston – Licensed Trainer assisting Mr Lui
Charge:
Alleged that CK Lui (Needastar) allowed his mount to shift in when not clear crowding Sea King (K Scallan) onto Hundred Pipers (T Moseley) who was crowded and checked passing the 1200 metres.
Facts:
At the beginning of the hearing, Stipendiary Steward, M Davidson explained that video coverage of the incident was not available. However, Mr Lui assisted by Licensed Trainer, A Carston, confirmed that the video coverage had been viewed by them at the meeting on Thursday 12th January and that the plea had been recorded after seeing the coverage.
Mr Davidson said that Mr Lui was having his first ride at the Hokitika Racecourse, which is a right handed track. The first turn out of the home straight is quite sharp and horses are often "thrown wide" when rounding the turn. Mr Lui encountered this, but after rounding the turn he corrected his line back towards the running rail. What he did not appreciate when doing this was that Ms Scallan on Sea King had improved on his inside. Mr Moseley on Hundred Pipers was in a trailing position behind Sea King. As a consequence of Mr Lui returning his mount over to the running rail, he caused crowding to Ms Scallan's mount which at that point, was approximately a half length ahead of Hundred Pipers, which was checked. Mr Mosely's mount received quite a severe check.
Mr Carston and Mr Lui confirmed that Mr Davidson had given a fair and accurate description of the incident which gave rise to the charge.
Mr Carston, on behalf of Mr Lui said that riders who are experienced in riding at Hokitika would not have improved up in the manner that Ms Scallan did, because experienced riders would know of the likelihood of a horse which is "thrown wide" by the turn, returning across to the rails position. Mr Davidson agreed with that and said that Ms Scallan was also inexperienced with the Hokitika track. It was her second ride on the course, her first ride having been Race 1.
Mr Lui was obviously not his own length and another length clear of Sea King when he moved back to a rails position which action constitutes careless riding. Obviously he had not looked to see what was happening on his inside.
Decision:
As Mr Lui has admitted the charge it is therefore deemed to be proved.
Submissions on Penalty:
Mr Davidson submitted that a suspension of 3-4 days should be imposed. He said that Mr Lui had incurred a suspension of 3 days for careless riding, at Waikato in October 2011. He further said that in his opinion, that even though the check to Mr Moseley looked quite bad, that he rated Mr Lui's carelessness in the lower to mid-range bracket. He submitted that credit should be given for his admission of the charge at an early stage.
Mr Carston told the hearing that Mr Lui has been riding in New Zealand for 10 months and that he is rated highly by the Sargent Stable (his employer). He has had some degree of success in the short time that he has been riding in New Zealand.
Reasons:
A starting point for the suspension is that of 5 days which would be an appropriate penalty in this instance. Mr Lui is an apprentice jockey, and even though there are mitigating circumstances, the fact is that there was quite a severe check to Mr Moseley's mount, whose safety was compromised as a result. That may be seen as justifying an uplift in penalty but we will not do so in this instance as we give Mr Lui credit for his early admission of the charge, and the fact that he was not accustomed to the vagaries of the Hokitika track. They are the mitigating features and as a consequence, we are able to give a discount of 2 days on our starting point, thus making the suspension that of 3 days.
Penalty:
Mr Lui is suspended from race riding for 3 days. He has not applied for a deferment of the coming into effect of the period of suspension. He is returning to the North Island. The period of suspension comes into effect immediately, and encompasses meetings at Whangarei, New Plymouth and Matamata on 18th, 19th and 20th January 2012 respectively.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 638 (1)(d)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6da4b3ada58a8645b5023f0896e1a8c7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3ded6c820066344df37ec629f20118dd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/01/2012
meet_title: Westland RC - 12 January 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westland-rc
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: JMillar
meet_pm2: none
name: Westland RC