Waikato RC 4 March 2023 – R7 – Jason Laking

Evidence:

Prior to the running of Race 7, the Informant, Chief Stipendiary Steward Mr Oatham filed an Information pursuant to Rule 330(3)(c) alleging that Jockey Mr J Laking failed to make the contracted weight for ELEGANT LADY.

Mr Laking was present at the hearing and confirmed his admission of the breach and advised he is familiar with the nature of the charge. The Information was endorsed to that effect.

Rule 330(3)(c) provides: “A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.

Mr Oatham advised that prior to the race in question, Mr M Walker advised Stewards that Mr Laking was unable to make the contracted weight for ELEGANT LADY of 56.5kg and would have to be replaced. Mr Oatham said that a Rider did not have to gain permission to ride a horse at 1/2kg over its carded weight but the connections could choose to replace the Rider if they wished.

Mr Laking said that he knew the morning of the races, he might struggle to make the weight and advised the connections accordingly. He said connections waited until he was on course before making the decision to replace him.

Decision:

As Mr Laking  admitted the breach, the Adjudicative Committee found the charge proved.

Submission For Penalty:

Mr Oatham said that this is Mr Laking’s third breach of the Rule within the 120-day reset period.  He advised that the first two breaches were dealt with by way of Minor Infringement Notice (MIN) and attracted fines in accordance with the MIN Schedule of $200 and $200 respectively, as at the time they were both 2nd breaches. He proposed a fine of $200-$300 would be appropriate.

Mr Laking had nothing further to add.

Reasons For Penalty:

In circumstances where Stewards elect to proceed by way of filing an Information, the determination of penalty is fact dependant.

The Adjudicative Committee considered the submissions and for consistency, took some guidance from previous penalties for similar breaches. A third breach is generally dealt with by way of a fine.

Having given consideration to the circumstances and submissions provided by all parties, the Adjudicative Committee determined that a $300 fine was an appropriate penalty.

Conclusion:

Mr Laking is fined $300.