Wanganui JC 31 August 2024 – R9 – Jim Chung

Background:

Following the running of Race 9, the ‘St Johns Club 2060’, an Information was lodged alleging a breach of  Rule 638(1)(d). Details are as follows:

‘in that he allowed his mount She’s So Reliable to shift outward in the home straight contacting and hampering Cocktail Lad in the final stages’. 

Rule 638(1)(d) provides:

(1) A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be:

(d) careless.

The Respondent (assisted by Ms Clapperton) confirmed that he understood the Rule and admitted the breach.

Evidence:

Using available film, Stewards identified the incident and horses involved. Upon entering the home straight, the Respondent’s mount was off the fence. Mr Chung then looked to angle out to better ground. On two occasions between this point and close to the finish line, his mount is seen to move out sharply, making contact with COCKTAIL LAD (Ms  K Hercock), throwing that horse off balance. SHE’S SO RELIABLE was first horse past the post. When asked, Mr Chung commented that on the first occasion, he had looked to straighten his mount, however on the second, she was travelling so well that he sought to ride her out.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee found the breach proved.

Submissions for Penalty:

The Respondent’s record remains clear as it relates to any breach of this particular Rule within the 12 month reset period. Stewards commended his record, noting he had had 440 rides within that period.  It was contended that the carelessness sat mid to high range, with the Adjudicative Committee referred to the current NZTR Penalty Guide.  Mr Chung asked that any suspension imposed, be deferred to enable him to satisfy riding commitments at Woodville on 8 September 2024.

Reasons for Penalty:

The incident is clearly identified through film. The Adjudicative Committee was satisfied that the degree of carelessness sat mid to high range, noting also that post race, a Protest 2nd v 1st (COCKTAIL LAD v SHE’S SO RELIABLE) was lodged and upheld. The current NZTR Penalty Guide provides starting points as follows: Mid-range careless – 7 day suspension, High-range careless – 10 day suspension.  A starting point of 8 days was adopted, with a 1 day uplift adopted to reflect the protest and a 1 day reduction applied to reflect record.  An eight day suspension was deemed appropriate. The Respondent’s request for deferment was granted.

Conclusion:

The Respondent’s Licence to ride in races is suspended for 8 National Riding Days, effective from the close of racing on 8 September 2024, up to and including, racing on 22 September 2024.