11 April 2008
Friday

Members of Appeal Panel Present

Racing Stewards: Dato Ong Eng Khuan, D.S.P.N. (Chairman)
Mr.John Alexander Rodgers, P.K.T
Mr.Kevin Thomas Williams (Professional Steward)
Mr.Saw Lip Khai (Honorary Racing Steward)

Panel of Stipendiary Stewards Present
Chief Stipendiary Steward: Mr.David McGillivray

Observer
Deputy Chief Stipendiary Steward: Mr.Soo Lai Kwok

Interpreter Ms.Foon Char Teng

APPEAL BY JOCKEY CHENG KE TEN AGAINST THE ONE (1) YEAR DISQUALIFICATION IMPOSED BY THE STIPENDIARY STEWARDS IN CONNECTION WITH HIS HANDLING OF RACEHORSE “ISLAND STAR” IN RACE 3(R101), 1ST DAY, SATURDAY, 26TH JANUARY 2008 OF THE PENANG TURF CLUB JANUARY MEETING 2008, UNDER MRA RULE 44(8).

At the conclusion of an Inquiry on 28th January 2008, after taking evidence from Trainer Roy Rogers and reviewing the films, the Stipendiary Stewards found Jockey Cheng Ke Ten (KT Cheng) guilty of a charge under MRA Rule 44(8) in that whilst riding “ISLAND STAR” in the above race, he failed to take all reasonable and permissible measures to ensure “ISLAND STAR” was given full opportunity of obtaining the best possible placing. The particulars of the charge were that: -

1. After jumping well from Barrier 4, he immediately took hold of his mount, restrained it, resulting in it throwing its head up and losing ground. Shortly thereafter, he again restrained his mount for no apparent reason, resulting in his mount losing further ground. This was contrary to his instructions and placed his mount in a position where it could not race to its best advantage;

2. From the 800M to the 400M Mark, he made no attempt to improve his position when there were opportunities to do so behind “JERAM WONDER”; and

3. After entering the home straight at approximately the 350M mark until the 150M mark, he fixed his left hand whilst using his whip in the right hand, resulting in his mount being unable to run on.

4. When deciding the on penalty, the Stewards took into account the facts of this case, Jockey KT Cheng’s points of mitigation and his record. After considering the provisions of MRA Rule 44(8)(a), Jockey KT Cheng was disqualified for a period of one (1) year with immediate effect 28th January 2008 and to expire on 27th January 2009,both days inclusive. He was advised of his Right of Appeal (2.55pm).

5. Jockey KT Cheng subsequently exercised his Right of Appeal against the decision of the Stipendiary Stewards, the penalty imposed on him and appealed for a stay of sentence.

6. The Stipendiary Stewards heard the above appeal for a stay of sentence on 15th February 2008 at the Inquiry Room of Selangor Turf Club and his appeal for a stay of sentence was not granted. Subsequently, Jockey KT Cheng exercised his right of appeal against the decision of the Stipendiary Stewards in not granting him a stay of sentence.

7. The Racing Stewards heard the above appeal for a stay of sentence on the 6th March 2008 in the Inquiry Room of Penang Turf Club. After considering the submissions from Jockey KT Cheng and the Chief Stipendiary Steward, the Racing Stewards dismissed the appeal and ordered the deposit of RM 1000.00 to be forfeited.

8. On 11th April 2008, the Racing Stewards heard the appeal for the one year disqualification imposed by the Stipendiary Stewards in connection with his riding of racehorse ‘Island Star’ in Race 3(R101), 1st Day, Saturday, 26th January 2008, of the Penang Turf Club January meeting 2008, under MRA Rule 44(8). After considering submissions from Jockey KT Cheng, his counsel and the Chief Stipendiary Steward, the Racing Stewards dismissed the appeal and the one (1) year disqualification was confirmed to commence with effect from 28th January 2008 and to expire on 27th January 2009, both days inclusive.(since Jockey KT Cheng was not granted a Stay of Sentence). The Racing Stewards also ordered the deposit of RM1000.00 to be forfeited.