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Taranaki TR 18 November 2011 - R 5

Created on 22 November 2011

Rules:
638(1)(d)
Committee:
ISmith (chair)
TUtikere
Name(s):
Mr D Lui - Apprentice Jockey
Mr A Sharrock - Trainer representing Mr Lui
Informant
Mr N Goodwin - Stipendiary Steward
Information Number
3063
Plea:
Admitted
Charge:

In that near the 200 metres, Apprentice D Lui permitted his mount MRS MAC to shift in when not clear of GLAIZEM which was checked.
Mr Lui confirmed he did admit the breach and understood the rule.

Evidence:

Mr Goodwin, in using the head and side on films, explained to the committee that when turning for home, Mr Lui was travelling against the rail with GLAIZEM (ridden by Mr S Doyle) immediately behind him. Shortly after they turn for home, Mr Lui, who is in a nice position, moves off the rails, which leaves an opportunity and a clear line for Mr Doyle to move into, which he does, and moves up to the hind quarters of Mr Lui’s mount, where he is entitled to be. At this point, Mr Lui, whilst riding with vigour, moves back into the line of Mr Doyle, forcing Mr Doyle to check his mount.

Decision:

As Mr Lui admitted the breach, the committee finds the charge proved.

Submission For Penalty:

Mr Goodwin said that Mr Lui has one previous charge under this rule (on 20 October 2011) and a suspension of 4 days. Mr Doyle has received a sharp check over several strides when improving. The Stewards seek a penalty by way of a suspension of four days.
Mr Sharrock stated that Mr Lui has only had one previous charge and felt that four days was too harsh a penalty for this interference.

When questioned by the committee on his future riding engagements, Mr Lui confirmed that his employer, Mr J Sargent, had been contacted and if a suspension was to be imposed, it could begin after Saturday 19 November.

In setting the days for a suspension, the committee noted that Sunday 20 November riders had been declared and that D Lui is not riding at that meet. After further consultation with D Lui, N Goodwin, and the Sargent stable representative on course (as Mr Sargent could not be contacted), it was confirmed that D Lui could start a suspension after Sunday 20 November.

Reasons For Penalty:

In reaching a penalty, the committee have adopted as a starting point, a suspension of five days, with mitigating factors being Mr Lui’s admission of the breach and his good riding record of only one previous charge under this rule, and where only one horse was involved. Aggravating factors were that D Lui, after moving out, continued to ride with vigour when taking the rightful line of S Doyle’s mount. The committee grade this offence in the mid to low range.

Penalty:

Mr D Lui is suspended from the close of racing on Sunday 20 November and up to the close of racing on Saturday 26 November (3 days).

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