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Canterbury R 2 April 2016 - R 9 - Chair, Mr S Ching

Created on 04 April 2016

Rules:
638(1)(d)
Committee:
SChing (chair)
DAnderson
Name(s):
M Chui-Licensed Class A Rider
Mr N Ydgren - Stipendiary Steward
Informant
J Oatham- Senior Stipendiary Steward
Information Number
A6949
Plea:
Admitted
Charge:
Alleged breach of Rule 638(1)(d)-Careless riding
Evidence:

Following the running of Race 9, the Pat Reardon Family Benchmark 65, an Information was filed by Senior Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr M Chui, the rider of QUEEN SERENE, alleging careless riding near the 400m, in that he shifted outwards when not sufficiently clear causing interference to WHERE’S STEVIE, ridden by Mr L Callaway and FUGAWI, ridden by Miss S Wynne.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Mr Chui had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Chui also agreed that he understood the charge and the Rule it was brought under.

Mr Oatham, with the assistance of Stipendiary Steward Mr N Ydgren, gave evidence and used video coverage to show that approaching the 400m Mr Chui, riding QUEEN SERENE, was in a 3 to 4 wide position and looking to improve with WHERE’S STEVIE, ridden by L Callaway and FUGAWI, ridden by S Wynne on his outside. A partial gap presented itself on the outside of the runner immediately ahead of Mr Chui and he opted to improve into it. Mr Oatham stated that Mr Chui successfully improved through the marginal run but when continuing to ride his horse forward continued to shift outwards at least a horse width dictating WHERE’S STEVIE out into the running line of FUGAWI who had to check. He stated that OPIHI RANGER, ridden by Miss R Black, was also hampered in this incident. Mr Oatham added that Mr Callaway had given evidence at the investigation into the incident that his mount, WHERE’S STEVIE, was a big horse that got unbalanced easily and possibly made the situation worse. He also stated that Mr Chui was making some effort to keep his runner on a true line but that effort was not sufficient enough to stop his mount shifting ground outwards.

Mr Chui stated that he shifted out a little bit more than expected when taking the gap and when he made slight contact with WHERE’S STEVIE his horse wanted to lay out even more resulting in dictating Mr Callaway out further than expected. He also said Mr Callaway’s mount has made the situation worse as his horse has become unbalanced and shifted out further than probably needed into the rightful running line of FUGAWI. He conceded that he had not kept a true line and had allowed his horse to shift out at least a horse width causing the resultant interference.

Decision:

As Mr Chui had admitted this breach of the Rules it was found to be proved.

Submission For Penalty:

Mr Oatham stated that Mr Chui had admitted the breach at the first opportunity. He said Mr Chui’s record was clear showing no breaches of this rule over the previous 12 months. He submitted that the level of carelessness was low-range with the consequences of that carelessness being at a higher level with FUGAWI being checked and OPIHI RANGER being hampered. Mr Oatham stated that Mr Chui was a South Island based rider and taking the JCA Penalty Guide starting point of 3 days’ suspension for a breach of this rule submitted that a 2-day suspension be considered as penalty in this case.

Mr Chui made no submissions in regard to penalty.

The matter of deferment was discussed with Mr Chui opting to take any penalty as soon as possible.

Reasons For Penalty:

In determining penalty, the Committee took into consideration Mr Chui’s ready admission of the breach, the level of carelessness, which we assessed as low with the consequences being higher, although with some mitigation. We also took into account Mr Chui’s good penalty record. In adopting the JCA Penalty Guide starting point of 3 days for a South Island rider the Committee was able to afford Mr Chui a discount of 1 day for his good record and admission of the breach. We therefore determined that a 2-day suspension was an appropriate penalty in this case.

Penalty:

We therefore determined that Mr Chui’s Class A Jockey's licence be suspended from the conclusion of racing today, 2 April up to and including 9 April 2016. This suspension encompasses the days racing at Timaru on 7 April and Riverton on 9 April 2016.

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