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Ashburton RC 18 September 2020 - R 9 - Chair, Mr S Ching

Created on 21 September 2020

Rules:
638(3)(b)(ii)
Committee:
SChing (chair)
Name(s):
Mr J Laking - Licensed Jockey (Class A)
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr M Davidson – Stipendiary Steward
Information Number
A11889
Plea:
Admitted
Charge:
Excessive use of the Whip
Evidence:

Following the running of Race 9, the Richie McCrea Painting & Decorating 2200, an Information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Jockey (Class A), Mr J Laking, alleging that, as the rider of OREPUKI LAD in the race, he struck his mount excessively prior to the 100m.

Mr Laking was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the Rule he was being charged with.

Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive

The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.

Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Laking riding OREPUKI LAD, positioned in contention approaching the 300m. He said that Mr Laking drew the whip and used it on 9 occasions, with at least 2 consecutive strikes. Mr Oatham added that the first 3 strikes were back hand flicks.

Mr Laking did not dispute the number of strikes.

Decision:

Mr Laking having admitted the breach; the charge was found proved.

Submission For Penalty:

Mr Davidson told the Committee that Mr Laking’s record showed two prior breaches being 14 January at Westland - $300 fine and Canterbury Racing on 21 March 2020 - 6-day suspension in a Group 3 race. He said that the JCA Penalty Guide provides a starting point of a 6-day suspension for a 3rd or subsequent breach of this Rule. Mr Davidson added that there were no aggravating factors and submitted that a suspension as per the Penalty Guide be considered as penalty.

Mr Laking elected to make no submissions in regard to penalty apart from requesting a deferment until after the meeting at Invercargill on 25 September.

Reasons For Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6-day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule. We determined that there were no aggravating factors to consider and therefore ruled that a 6 National Day suspension was appropriate as penalty.

Penalty:

Mr Laking’s application for a deferment until 25 September is granted.

Accordingly, Mr Laking is suspended from the conclusion of racing 25 September up to and including 7 October 2020.

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