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Canterbury R 9 October 2018 - R 4 - Chair, Mr S Ching

Created on 18 October 2018

Rules:
638(1)(d)
Committee:
SChing (chair)
DAnderson
Name(s):
Mr J Laking - Class A Rider
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A7736
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 4, the Inglewood Stud Guineas Trial, an Information was filed by Stipendiary Steward, Mr M Williamson, against Class A Rider, Mr J Laking, alleging careless riding in that he permitted his mount OUR FLYING ACE to shift inwards shortly after the start causing SABRAGE, ridden by Miss J Fawcett, to be shifted inwards hampering EMILY MARGARET, ridden by Mrs L Allpress, and severely checking DEVILS STAIRCASE, ridden by Mr K Mudhoo.

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

Mr Williamson, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that shortly after the start OUR FLYING ACE, ridden by Mr Laking, was racing with SABRAGE, ridden by Miss Fawcett, EMILY MARGARET, ridden by Miss Allpress and DEVILS STAIRCASE, ridden by Mr Mudhoo, racing on his inside. Mr McLaughlin pointed out Mr Laking shifting in, when not clear, putting pressure on SABRAGE who in turn put pressure on EMILY MARGARET and in turn, crowding DEVILS STAIRCASE who ran out of room and was severely checked.

Mr McLaughlin showed on the lateral films that Mr Laking was only a bare length ahead of SABRAGE, not the required clearance, when shifting in and across the running line of SABRAGE.

Mr Laking stated that he had made it uncomfortable for the runners inside him as he came across. He added he did not touch them but conceded that he has intimidated them inwards. He said he wasn’t intending to cause interference to get his horse in. He added that he has caused a bit of drama and SABRAGE did not help the situation by running away from him.

Mr McLaughlin added that DEVILS STAIRCASE was racing greenly and reacted accordingly when placed in tight quarters.

Decision:

As Mr Laking had admitted the breach, the charge was found proved.

Submission For Penalty:

Mr Williamson stated that Mr Laking’s record showed 3 suspensions over the previous 12 months being at Riccarton 15 February 2018 where he received 7 National days, Ashburton on 4 July, 8 days and Riccarton 22 September, a 6 day suspension. Mr Williamson stated that overall Mr Laking’s record could be regarded as neither a good record or bad record. He submitted that his record could be considered as neutral. He stated that the breach was high-range and submitted that a penalty in line with a high range breach be considered as penalty.

Deferment was discussed with Mr Laking, who requested a deferment until after Timaru on 12 October, where he had commitments.

Reasons For Penalty:

The JCA Penalty Guide starting point for a high-range breach of this rule is a 10 National day suspension. The Committee, agreed with the Stewards and assessed this breach as high-range, determining that a 10-day starting point was appropriate. The aggravating factor to consider was Mr Laking’s penalty record which showed 3 breaches over the previous 12 months, one being only 2 weeks prior, which we determined warranted an uplift in penalty. This uplift we set at 1 day. We were however able to afford Mr Laking a discount for his frank admission of the breach which we set at 1 day. We therefore determined that a 10 National-day suspension was an appropriate penalty in this case.

Mr Lakings request for a deferment until after racing at Timaru on 12 October was granted.

Penalty:

Mr Laking’s Class A Jockey's licence is suspended from the conclusion of racing 12 October up to and including 25 October 2018.

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