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Ashburton RC 1 August 2020 - R 2 - Chair, Mr S Ching



638(1)(d)

In light of the email received from the Board of the JCA on 11 August stating that an extension of the Post Covid allowance on penalty, had been approved for the months of August and September 2020, a revision of the penalty imposed to K Asano, on a careless riding charge, was warranted.

On 1 August 2020, at the Ashburton Racing Clubs meeting, the Committee imposed a 5 National Day suspension for an admitted careless riding charge on Apprentice rider, Mr K Asano. The starting point for the low level breach was set at 6 National days with a 1 day discount for Mr Asano’s admission of the breach. At that time the Covid allowance, that was available to be considered in July, was unavailable for mitigation.

There is the ability to recall a decision in limited circumstances, these include, where since a hearing there has been an amendment to a relevant stature or regulation.

Due to the introduction of the extension of the Covid penalty allowance into August and September, this Committee deemed a recall of the penalty imposed on Mr Asano, warranted.

Taking the Post Covid allowance into consideration as a mitigating factor, we determined that a further discount of 2 National days was considered applicable to Mr Asano’s penalty. We therefore determined that a 3 National day suspension was an appropriate penalty in this case.

Mr Asano’s period of suspension will now be from the conclusion of racing 8 August 2020 up and including 15 August 2020 (3-Riding Days).

 

S Ching

Chair

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