Ashburton RC 30 October 2022 – R4 – Kin Kwo

SUMMARY OF FACTS:

Following the running of Race 4, an Information was filed by Stipendiary Steward, Mr M Davidson, against Mr Kin Kwo, alleging careless riding, in that he permitted his mount, AN MORRIGHAN, to shift inwards when not sufficiently clear of NAKAMOTO which was checked near the 375 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 Kwo had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Kwo 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 Mr Kwo approaching the 375 metre mark. Mr Kwo was running outside Mr Montes de Oca’s mount, NAKAMOTO. Mr Oatham outlined that Mr Kwo allowed his mount to shift inwards checking NAKAMOTO. Mr Oatham said that Mr Kwo was a bare length ahead of Mr Montes de Oca when he shifted in.

Mr Kwo said, by way of mitigation, his horse was running greenly. Mr Kwo said that he had tried his best to keep the horse straight but it was shifting in and out.

DECISION:

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

SUBMISSIONS ON PENALTY:

Mr Davidson submitted that this breach was low range. Mr Davidson accepted that the horse was racing greenly and Mr Kwo had tried to straighten his mount.  Mr Davidson stated his record was reasonable with only two relevant breaches of this Rule:

6 April 2022 at Ashburton where 5 days was imposed for a low range breach

29 July 2022 at Riccarton where 6 days was imposed for a mid range breach

Mr Davidson stated that Mr Kwo’s record, admission of the breach and the way his horse was racing were mitigating factors.

Mr Kwo requested a deferment of penalty until after 9 November 2022 at Riccarton.

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 the way Mr Kwo’s mount was running, his reasonable record and his admission of the breach.

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

Mr Kwo’s application for a deferment of penalty until after racing at Riccarton on 9 November 2022 was granted.

CONCLUSION:

Mr Kwo is suspended for 4 National riding days from the end of racing on 9 November 2022 up to and including 15 November 2022.