Non Raceday Inquiry – Written Decision dated 25 March 2023 – Jason Laking

BACKGROUND:

Information No. A16760 has been filed by Chief Stipendiary Steward, John Oatham, against Class A Jockey, Jason Laking, alleging that, as the Rider of MEHZEBEEN in Race 8, Al Basti Equiworld Dubai New Zealand Oaks (Group 1), he struck his mount seven times prior to the 100 metres.

An Authority to Charge authorising the filing of the Information was issued by the Chief Executive of the RIB.

The Information was served on the Respondent at the meeting of Hororata RC held at Riccarton Park, Christchurch on 25 March 2023 and was heard at that meeting.

The Respondent had endorsed the Information “I do admit a breach of the rule”. Mr Oatham told the Adjudicative Committee that the Respondent had asked that his attendance at the hearing be excused. He is currently under suspension and on this raceday is working as a Starter’s Assistant.

Rule 638(3) provides:

(g)     Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), a Rider must not:

 (i)   strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins.

EVIDENCE:

Chief Stipendiary Steward, John Oatham, showed a video replay of the race from about the 1000 metres. He pointed out that, at that stage, MEHZEBEEN, ridden by the Respondent was racing second-to-last in the 17–horse field and did not appear to be travelling overly well, he said. The Respondent commenced his whip use (one strike) a long way from home, prior to the 800 metres. There was a second strike and then a third strike, before the field straightened up, near the 450 metres, he said. From that point, the Respondent used his whip on a further four occasions to the 100 metres – 7 strikes in total.

DECISION:

The breach is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham said that the Respondent has a clear record under the Rule. The race was a Group 1 for a total stake of $450,000. The Respondent’s share of the stake was $4,162.50 and the Penalty Guide starting point for penalty was, therefore, 50% per cent of that amount.

REASONS FOR PENALTY:

The RIB Thoroughbred Racing Penalty Guide (February 2023) suggests a starting point for penalty for a first breach, involving two additional strikes, of a fine of $250. However, it goes on to provide that “in all breaches of the Whip Rules in any Black-Type Race, the starting point for a fine will be an amount equal to 50% of the Jockey’s share of the stake earned by their mount or the starting point on the whip penalty table, whichever is greater”. The race was a Group 1.

The Respondent’s mount finished in 2nd placing in the race, earning a stake of $83,250. The Respondent’s share of the stake is $4,162.50. The appropriate penalty is, therefore, a fine of 50% of that amount – $2,081.25, say, $2,000.

CONCLUSION:

The Respondent, Class A Jockey, Jason Laking, is fined $2,000.