Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Cambridge JC 30 April 2016 – R 7 – Chair, Mr A Dooley

ID: JCA10494

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr N Hanley - Co Trainer of EL PISTOLA

Information Number:
A6953

Hearing Type:
Hearing

New Charge:
Neglectful in saddling a horse

Rules:
614 (2) and 648(3)- Request for a Ruling

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Cambridge JC - 30 April 2016

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2016/04/30

Race Number:
R7

Decision:

As Mr Hanley admitted the breach the Committee find the charge proved.

Penalty:

Mr Hanley was fined the sum of $400.

Subsequently Mr Oatham filed a further Information No. A6954 with the Committee Requesting a Ruling pursuant to Rule 648(3). Mr Oatham advised that Mr S McKay the rider of EL PISTOLA weighed in 1.75kgs underweight and should accordingly be disqualified.

Rule 648(3) states: If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.

The Committee disqualified EL PISTOLA in accordance with the Rule detailed above.

Facts:

Following the running of race 7, Travis Stakes, an Information was filed pursuant to Rule 614 (2). The Informant, Mr Oatham, alleged that Mr Hanley omitted the lead bag when saddling EL PISTOLA.

Mr Hanley acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 614(2) states: A person must not be neglectful or careless in saddling a horse.

Mr Oatham advised the Committee that Stipendiary Steward Mr Robinson had difficulty identifying the lead bag for EL PISTOLA when carrying out routine checks at the plate inspection area. He said that Mr Robinson asked Mr Hanley if his horse had a lead bag for which he assured Mr Robinson that the horse was saddled with the lead bag. Mr Oatham added that Mr Robinson took Mr Hanley’s word for it.

Mr Hanley conceded that the lead bag had fallen over the wall when he was saddling up. However he was unaware that it hadn’t been placed on the horse until after the race.

Mr Oatham explained that when Mr McKay had weighed in light after the race Mr Robinson then went down to the stables. He located where Mr Hanley had saddled up EL PISTOLA and that’s where the missing lead bag was discovered.

Submissions for Penalty:

Mr Oatham produced Mr Hanley’s record which showed no previous breach under this Rule. He said the new JCA Penalty Guide had a recommended starting point of $500 and referred to 2 recent penalties imposed under this rule which both incurred $300 fines. He said to Mr Hanley’s credit he admitted the breach and had a clear record under this Rule.

In response to a question from the Committee, Mr Oatham stated the Stewards were concerned this breach occurred in a Group 2 race with prizemoney of $100,000. He noted that prizemoney was payed back to 9th place but advised that EL PISTOLA finished in 14th place. Mr Oatham submitted a penalty between $300 and $500 would be appropriate.

Mr Hanley submitted that it was a “dumb mistake” on his part and he would have to accept a monetary penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted a $500 fine as the starting point as per the JCA Penalty Guidelines. The mitigating factors were Mr Hanley’s admission of the breach and his clear record in relation to this Rule for which he has been given discount. However, this has to be balanced against the consequences of Mr Hanley’s actions and with this breach occurring in a Group 2 race worth $100,000 an uplift was warranted in line with Rule 902 (2) (a) . We verified the 2 decisions Mr Oatham referred to and note that neither breach occurred in a Group 2 race. It was fortunate for all concerned that EL PISTOLA finished in 14th place and there was no prizemoney involved.

The Committee was satisfied that the incident was a genuine mistake on Mr Hanley’s part.

After taking into account all the above factors the Committee considers an appropriate penalty was a $400 fine.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 06c5a80cab5be20136fb91370c80e999


informantnumber: A6953


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Neglectful in saddling a horse


plea: admitted


penaltyrequired: 1


decisiondate: 02/05/2016


hearing_title: Cambridge JC 30 April 2016 - R 7 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 7, Travis Stakes, an Information was filed pursuant to Rule 614 (2). The Informant, Mr Oatham, alleged that Mr Hanley omitted the lead bag when saddling EL PISTOLA.

Mr Hanley acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 614(2) states: A person must not be neglectful or careless in saddling a horse.

Mr Oatham advised the Committee that Stipendiary Steward Mr Robinson had difficulty identifying the lead bag for EL PISTOLA when carrying out routine checks at the plate inspection area. He said that Mr Robinson asked Mr Hanley if his horse had a lead bag for which he assured Mr Robinson that the horse was saddled with the lead bag. Mr Oatham added that Mr Robinson took Mr Hanley’s word for it.

Mr Hanley conceded that the lead bag had fallen over the wall when he was saddling up. However he was unaware that it hadn’t been placed on the horse until after the race.

Mr Oatham explained that when Mr McKay had weighed in light after the race Mr Robinson then went down to the stables. He located where Mr Hanley had saddled up EL PISTOLA and that’s where the missing lead bag was discovered.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hanley admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Hanley’s record which showed no previous breach under this Rule. He said the new JCA Penalty Guide had a recommended starting point of $500 and referred to 2 recent penalties imposed under this rule which both incurred $300 fines. He said to Mr Hanley’s credit he admitted the breach and had a clear record under this Rule.

In response to a question from the Committee, Mr Oatham stated the Stewards were concerned this breach occurred in a Group 2 race with prizemoney of $100,000. He noted that prizemoney was payed back to 9th place but advised that EL PISTOLA finished in 14th place. Mr Oatham submitted a penalty between $300 and $500 would be appropriate.

Mr Hanley submitted that it was a “dumb mistake” on his part and he would have to accept a monetary penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee have adopted a $500 fine as the starting point as per the JCA Penalty Guidelines. The mitigating factors were Mr Hanley’s admission of the breach and his clear record in relation to this Rule for which he has been given discount. However, this has to be balanced against the consequences of Mr Hanley’s actions and with this breach occurring in a Group 2 race worth $100,000 an uplift was warranted in line with Rule 902 (2) (a) . We verified the 2 decisions Mr Oatham referred to and note that neither breach occurred in a Group 2 race. It was fortunate for all concerned that EL PISTOLA finished in 14th place and there was no prizemoney involved.

The Committee was satisfied that the incident was a genuine mistake on Mr Hanley’s part.

After taking into account all the above factors the Committee considers an appropriate penalty was a $400 fine.


penalty:

Mr Hanley was fined the sum of $400.

Subsequently Mr Oatham filed a further Information No. A6954 with the Committee Requesting a Ruling pursuant to Rule 648(3). Mr Oatham advised that Mr S McKay the rider of EL PISTOLA weighed in 1.75kgs underweight and should accordingly be disqualified.

Rule 648(3) states: If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.

The Committee disqualified EL PISTOLA in accordance with the Rule detailed above.


hearing_type: Hearing


Rules: 614 (2) and 648(3)- Request for a Ruling


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr N Hanley - Co Trainer of EL PISTOLA


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 79b38046706358c4a93c2ac067cd7297


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fd33fb4d2785a259b76bf066dcc63e63


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/04/2016


meet_title: Cambridge JC - 30 April 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cambridge-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Cambridge JC