Ashburton RC 30 October 2022 – R4 – Jason Laking

SUMMARY OF FACTS:

Following the running of Race 4, an Information was filed by Stipendiary Steward, Mr M Davidson, against Mr Jason Laking, alleging careless riding, in that he permitted his mount, THATS CHARMING, to shift inwards when not sufficiently clear, crowding, BETTY SPAGHETTI, which was checked near the 1100 metre mark.

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

“(1) A Rider shall not ride a horse in a manner which the Adjudicative 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 acknowledged that he understood the charge and the Rule it was brought under.

SUBMISSIONS:

Mr Davidson, with the assistance of Mr Oatham, used the race films to show that shortly after the start Mr Laking began to angle in his mount when not clear of Mr Chowdhoory’s mount, BETTY SPAGHETTI, which was checked as a result. Mr Oatham said Mr Laking would have been a bare length clear.

Mr Laking said he went to come in to follow the horse from the Pitman stables, however, he came in too quick.

DECISION:

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

SUBMISSIONS ON PENALTY:

Mr Davidson submitted that Mr Laking is a leading Senior Rider with a good record which is reflected by his record being clear under this Rule for the last 7 months. Mr Laking had two prior breaches within the last 12 months; the first on 17 November 2021 at Southland where 6 days was imposed for a mid range breach and 19 March 2022 where 9 days and a $300 fine was imposed on a low range breach in a Group 1 race.

In reference to the Penalty Guide, Mr Davidson submitted a starting point should be adopted to reflect that this was a low range breach and he should be given credit for his frank admission and good record.

Mr Laking requested a deferment of penalty until after 5 November 2022.

REASON FOR PENALTY:

It is agreed that this breach is low range, accordingly, the starting point adopted is a 5 day suspension. The mitigating factors are Mr Laking’s frank admission and his good record.

A 4 day suspension is the appropriate penalty in this case.

Mr Laking’s application for a deferment of penalty until after racing at Riccarton on 5 November 2022 was granted.

CONCLUSION:

Mr Laking is suspended for 4 days from the end of racing on 5 November 2022 up to and including 11 November 2022.