Whakatane RC 27 August 2012 – R 3
ID: JCA13272
Code:
Thoroughbred
Meet Title:
Whakatane RC - 27 August 2012
Meet Chair:
ADooley
Meet Committee Member 1:
GTankard
Race Date:
2012/08/27
Race Number:
R 3
Decision:
As Mr Cheung admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a suspension on Mr Cheung which will commence after racing on 27th August 2012 and conclude after racing on 19th September 2012 (14 days).
Charge:
Following race 3, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham alleged that Mr Cheung permitted his mount SOIRETTE to shift outwards when not sufficiently clear of ROAD TO NOWHERE which clipped a heel and blundered near the 150 metres dislodging rider Mr R Norvall.
Mr Oatham read the rule and Mr Cheung acknowledged that he understood it.
Facts:
Mr Robinson demonstrated the incident by using all the available films. He pointed out to the committee that approaching the 150 metre mark Mr Cheung had permitted his mount to shift out 4 horse widths. In doing so he continued to ride his mount forward with the whip which resulted in Mr Norvall’s mount clipping a heel and dislodging him. The side on film showed that Mr Cheung was less than 1 length clear when the interference took place.
Mr O'Neil speaking on behalf of Mr Cheung conceded that his apprentice had drifted out quite considerably in the straight which led to the fall.
Submissions for Penalty:
Mr Oatham produced Mr Cheung's record which showed he had a clear record from a total of 15 rides to date. He said Mr Cheung was an inexperienced rider and rated the level of carelessness in the high range. He submitted that because a fall occurred from Mr Cheung's carelessness a penalty in the region of 1 month was warranted.
Mr O'Neil submitted that Mr Cheung was still learning to ride and it is hard for him to get rides. He asked the committee to be lenient. He requested for Mr Cheung's proposed suspension to start immediately as he had no commitments in the next 7 days.
In response to a question from the committee Mr O'Neil acknowledged that Mr Cheung would ride all over the North Island if the opportunity arose.
When asked by the committee Mr Oatham accepted that Mr Cheung can be classified as a North Island rider.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Cheung's admission of the breach, his inexperience and his good record in a short career to date. However, the significant aggravating factor is that a fall occurred because Mr Cheung had moved out at least 5 horse widths in the final straight when not the required distance clear. The committee assess the level of carelessness as high range. We explained to Mr Cheung without the consequences of a fall this charge would normally attract a 5 day suspension.
The committee referred to the JCA listing of penalties to search for similar breaches in the interest of fairness and consistency towards Mr Cheung. These records showed us that a similar incident occurred at Taupo in September 2011which resulted in an apprentice rider being suspended for 14 days. A further similar breach at Avondale in June 2010 resulted in an apprentice rider receiving a 3 week suspension.
We accept that Mr Cheung can be classified as a North Island rider.
After taking all the above factors into account the committee believes there is no reason to deviate from the previous penalties imposed and believe an appropriate penalty is a suspension of 14 days.
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: 5ad0bb57029640d792e1d1ffbe7ab1e0
informantnumber: A4537
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/08/2012
hearing_title: Whakatane RC 27 August 2012 - R 3
charge:
Following race 3, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Oatham alleged that Mr Cheung permitted his mount SOIRETTE to shift outwards when not sufficiently clear of ROAD TO NOWHERE which clipped a heel and blundered near the 150 metres dislodging rider Mr R Norvall.
Mr Oatham read the rule and Mr Cheung acknowledged that he understood it.
facts:
Mr Robinson demonstrated the incident by using all the available films. He pointed out to the committee that approaching the 150 metre mark Mr Cheung had permitted his mount to shift out 4 horse widths. In doing so he continued to ride his mount forward with the whip which resulted in Mr Norvall’s mount clipping a heel and dislodging him. The side on film showed that Mr Cheung was less than 1 length clear when the interference took place.
Mr O'Neil speaking on behalf of Mr Cheung conceded that his apprentice had drifted out quite considerably in the straight which led to the fall.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cheung admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Cheung's record which showed he had a clear record from a total of 15 rides to date. He said Mr Cheung was an inexperienced rider and rated the level of carelessness in the high range. He submitted that because a fall occurred from Mr Cheung's carelessness a penalty in the region of 1 month was warranted.
Mr O'Neil submitted that Mr Cheung was still learning to ride and it is hard for him to get rides. He asked the committee to be lenient. He requested for Mr Cheung's proposed suspension to start immediately as he had no commitments in the next 7 days.
In response to a question from the committee Mr O'Neil acknowledged that Mr Cheung would ride all over the North Island if the opportunity arose.
When asked by the committee Mr Oatham accepted that Mr Cheung can be classified as a North Island rider.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Cheung's admission of the breach, his inexperience and his good record in a short career to date. However, the significant aggravating factor is that a fall occurred because Mr Cheung had moved out at least 5 horse widths in the final straight when not the required distance clear. The committee assess the level of carelessness as high range. We explained to Mr Cheung without the consequences of a fall this charge would normally attract a 5 day suspension.
The committee referred to the JCA listing of penalties to search for similar breaches in the interest of fairness and consistency towards Mr Cheung. These records showed us that a similar incident occurred at Taupo in September 2011which resulted in an apprentice rider being suspended for 14 days. A further similar breach at Avondale in June 2010 resulted in an apprentice rider receiving a 3 week suspension.
We accept that Mr Cheung can be classified as a North Island rider.
After taking all the above factors into account the committee believes there is no reason to deviate from the previous penalties imposed and believe an appropriate penalty is a suspension of 14 days.
penalty:
Accordingly, we impose a suspension on Mr Cheung which will commence after racing on 27th August 2012 and conclude after racing on 19th September 2012 (14 days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr M Cheung - Licensed Apprentice Rider
Otherperson: Mr W Robinson - Stipendiary Steward, Mr R O'Neil - Stable Foreman assisting Mr Cheung
PersonPresent:
Respondent:
StipendSteward:
raceid: 1e5672729f9eb0d68a4f6c4c55c2e32e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5afca0759a3e9d45cf3f6cfc629fbf7a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/08/2012
meet_title: Whakatane RC - 27 August 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whakatane-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GTankard
meet_pm2: none
name: Whakatane RC