Auckland RC - 19 June 2010 - R 5

RACEDAY JUDICIAL COMMITTEE DECISION

INFORMANT:  Mr J Oatham Stipendiary Steward

DEFENDANT:  Mr A Ng

INFORMATION No: 369

MEETING: Auckland Racing Club

DATE: 19 June 2010

VENUE: Ellerslie

RACE: 5

RULE No: 638(1)(d)

JUDICIAL COMMITTEE: Mr A Dooley, Chairman Mr G Tankard, Committee Member  Britt Stephen-Smith, Observer.

PLEA: Admitted

Also present: Mr L. Noble, Trainer represented Mr Ng at the hearing.

CHARGES:

Following race 5 an Information was filed pursuant to Rule 638(1)(d). The informant, Stipendiary Steward Mr J Oatham alleged that near the 1000 metres Mr A Ng (MY LIPS ARE SEALED) allowed his mount to shift in when not clear, dictating JUST A WHISPER (T Thornton) in, who crowded, then checked FAALCON (N Collett).  Mr Ng admitted the breach.

FACTS:

Mr Williamson demonstrated the video films and showed at 1000 metres Mr Ng  when racing in a 3 wide position allowed his mount MY LIPS ARE SEALED to shift in when only a bare length clear. This resulted in crowding to JUST A WHIPSER and FAALCON who both had to be checked off heels.

SUBMISSIONS(s)

Mr Noble who spoke on behalf of Mr Ng said  that it was a quick run into the first bend and Mr Ng was looking at the horse in front of him and did not allow enough room on his inner when shifting in.

SUBMISSIONS(s) ON PENALTY

Mr Oatham said Mr Ng had 1 previous breach in the last 12 months. He said that Mr Ng had a good record and believed the interference was at the lower end and submitted a suspension at the bottom end.

Mr Noble when invited to make submissions on penalty said Mr Ng had commitments up to and including 26 June 2010. He acknowledged that Mr Ng rides only in the North Island.

REASON(s):

The Committee carefully considered all evidence and submissions as presented. The mitigating factor is Mr Ng admission of the breach. However this has to be balanced against the interference suffered by 2 runners on his inner. The Committee believes Mr Ng has a very good record and accepts the interference was at the lower end.

PENALTY:

After taking all the above factors into account we impose a suspension on Mr Ng from race riding to start after racing on 26 June 2010 and to conclude after racing on 3 July 2010. (4 days)

Adrian Dooley                    Ginger Tankard

Chairman                           Committee Member

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