Archive Decision

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R Te Aroha 9 August 2015 – R 4 – Chair, Mr A Dooley

ID: JCA10601

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr M McNelis - Class B Rider

Information Number:
A4572

Hearing Type:
Hearing

New Charge:
Failed to make required weight

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 9 August 2015

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2015/08/09

Race Number:
R4

Decision:

As Mr McNelis admitted that breach the charge is proved.

Penalty:

Accordingly, we impose a fine of $225.

Facts:

Following the running of race 4, Faulkner Drainage 1000, an Information was filed pursuant to Rule 330 (3)(c). The Informant, Mr Jones, alleged that Mr M McNelis failed to make the required weight for BLACKLISTED.

Mr McNelis acknowledged that he understood the nature of the charge, and confirmed his admission of the breach. Mr McNelis advised the Committee that he did not require the services of Mr N Harris to assist him at the hearing.

Rule 330 (3)(c) states: “A rider shall not fail to ride a horse at the weight at which it is handicapped to race”.

Mr Jones advised the Committee that Mr McNelis was unable to make the required weight by 1kg. He added that Mr McNelis claimed only 2.5kgs on BLACKLISTED.

Mr McNelis told the Committee that he has been struggling with his weight and recently adjusted his riding weight to 55kgs. He said he had travelled up from Palmerston North today and he failed to allow enough time to sweat.

Submissions for Penalty:

Mr Jones produced Mr McNelis' record which showed 2 previous breaches under this rule in the last 12 months, the most recent on 1/6/15 which incurred a $200 fine. He said Mr McNelis had outlined the reasons as why he failed to make the required weight and noted it was his only ride for the day. He submitted a fine in the vicinity of his most recent would be suffice.

Mr McNelis submitted that it was his responsibility to allow sufficient time to prepare for his rides.

Reasons for Penalty:

The Committee carefully considered the evidence and submissions presented. The mitigating fact is Mr McNelis' admission of the breach. This has to be balanced against the fact this is Mr McNelis' third breach of this rule and a small increase in penalty is appropriate.

We referred to similar penalties under this rule which showed $225 was the consistent penalty imposed.

Having taken all the circumstances into account Committee is of the view this matter can be dealt with by way of 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: 0dba3a6e8805098651ddf0a924ee993c


informantnumber: A4572


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to make required weight


plea: admitted


penaltyrequired: 1


decisiondate: 09/08/2015


hearing_title: R Te Aroha 9 August 2015 - R 4 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 4, Faulkner Drainage 1000, an Information was filed pursuant to Rule 330 (3)(c). The Informant, Mr Jones, alleged that Mr M McNelis failed to make the required weight for BLACKLISTED.

Mr McNelis acknowledged that he understood the nature of the charge, and confirmed his admission of the breach. Mr McNelis advised the Committee that he did not require the services of Mr N Harris to assist him at the hearing.

Rule 330 (3)(c) states: “A rider shall not fail to ride a horse at the weight at which it is handicapped to race”.

Mr Jones advised the Committee that Mr McNelis was unable to make the required weight by 1kg. He added that Mr McNelis claimed only 2.5kgs on BLACKLISTED.

Mr McNelis told the Committee that he has been struggling with his weight and recently adjusted his riding weight to 55kgs. He said he had travelled up from Palmerston North today and he failed to allow enough time to sweat.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McNelis admitted that breach the charge is proved.


sumissionsforpenalty:

Mr Jones produced Mr McNelis' record which showed 2 previous breaches under this rule in the last 12 months, the most recent on 1/6/15 which incurred a $200 fine. He said Mr McNelis had outlined the reasons as why he failed to make the required weight and noted it was his only ride for the day. He submitted a fine in the vicinity of his most recent would be suffice.

Mr McNelis submitted that it was his responsibility to allow sufficient time to prepare for his rides.


reasonsforpenalty:

The Committee carefully considered the evidence and submissions presented. The mitigating fact is Mr McNelis' admission of the breach. This has to be balanced against the fact this is Mr McNelis' third breach of this rule and a small increase in penalty is appropriate.

We referred to similar penalties under this rule which showed $225 was the consistent penalty imposed.

Having taken all the circumstances into account Committee is of the view this matter can be dealt with by way of fine.


penalty:

Accordingly, we impose a fine of $225.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr M McNelis - Class B Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 599abe7e356dcd05533102a0a75d14a2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 45eaf5606938bcacf678ed0121015e60


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/08/2015


meet_title: Racing Te Aroha - 9 August 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Racing Te Aroha