Archive Decision

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Waikato RC 3 May 2014 – R 7

ID: JCA10829

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr A Forbes - Apprentice Jockey

Information Number:
A6570

Hearing Type:
Hearing

New Charge:
Failed to make contracted weight

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 3 May 2014

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2014/05/03

Race Number:
R7

Decision:

As Mr Forbes admitted the breach we find the charge proved.

Penalty:

Accordingly, Mr Forbes is fined the sum of $400.

Facts:

Prior to race 7 Dunstan Feeds 1200, an Information was filed pursuant to Rule 330(3) (c). The Informant, Mr Oatham, alleged that Mr Forbes failed to make the contracted weight for AAJA NACHLE in race 7.

Mr Forbes acknowledged that he understood the nature of the charge, the Rule and he admitted the breach.

In response to a question from the Committee, Mr Forbes stated he did not require any assistance at the hearing.

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

Mr Oatham advised the Committee Mr Forbes was unable to make the carded weight of 56kgs on AAJA NACHLE. Mr Forbes advised the Stewards of his weight discrepancy after race 1. Mr Oatham added Mr Forbes was a considerable margin off from making the weight.

Mr Forbes told the Committee he didn’t have any time this morning to have a sweat. He said his weight was coming down slowly and it is a lot better than it was recently.

In response to a question from the Committee, Mr Forbes said he was 58.2kgs and was confident earlier in the week that he would be able to achieve the contracted weight of 56kgs.

Submissions for Penalty:

Mr Oatham produced Mr Forbes' record which showed 4 previous breaches under this Rule in the last 12 months. He noted Mr Forbes’ most recent breach on April 4 attracted a $300 fine. Mr Oatham recognised Mr Forbes does struggle with his weight and conceded it was harder to shed weight in the winter. He said on this occasion it was fortunate only one horse was involved. Mr Oatham said this is an issue that Mr Forbes needs to get on top off.

Mr Oatham was of the opinion Mr Forbes be given one more opportunity to get his act together and submitted a fine in the range of $300 to $400.

Mr Forbes submitted that he was finding it really hard to get his weight down. Mr Forbes said he was endeavouring to do so by riding ten horses in work each morning and working at the stables in the afternoon. He reiterated that his weight is coming down slowly.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The only mitigating fact is Mr Forbes’ admission of the breach. The aggravating factors are Mr Forbes' very poor record under this Rule in the last 12 months. The connections of AAJA NACHLE were inconvenienced at short notice when Mr Forbes was unable to make the contracted weight. The Committee is concerned Mr Forbes was over 2kgs outside the contracted weight. The Committee referred to similar breaches before imposing penalty.

The Committee advised Mr Forbes that any further breach of this Rule in the near future would most likely result in a suspension.

After taking into account all the above factors we consider an appropriate penalty is 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: 143945a2e60e31ff37566fc41833c9d9


informantnumber: A6570


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to make contracted weight


plea: admitted


penaltyrequired: 1


decisiondate: 28/04/2014


hearing_title: Waikato RC 3 May 2014 - R 7


charge:


facts:

Prior to race 7 Dunstan Feeds 1200, an Information was filed pursuant to Rule 330(3) (c). The Informant, Mr Oatham, alleged that Mr Forbes failed to make the contracted weight for AAJA NACHLE in race 7.

Mr Forbes acknowledged that he understood the nature of the charge, the Rule and he admitted the breach.

In response to a question from the Committee, Mr Forbes stated he did not require any assistance at the hearing.

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

Mr Oatham advised the Committee Mr Forbes was unable to make the carded weight of 56kgs on AAJA NACHLE. Mr Forbes advised the Stewards of his weight discrepancy after race 1. Mr Oatham added Mr Forbes was a considerable margin off from making the weight.

Mr Forbes told the Committee he didn’t have any time this morning to have a sweat. He said his weight was coming down slowly and it is a lot better than it was recently.

In response to a question from the Committee, Mr Forbes said he was 58.2kgs and was confident earlier in the week that he would be able to achieve the contracted weight of 56kgs.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Forbes admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Forbes' record which showed 4 previous breaches under this Rule in the last 12 months. He noted Mr Forbes’ most recent breach on April 4 attracted a $300 fine. Mr Oatham recognised Mr Forbes does struggle with his weight and conceded it was harder to shed weight in the winter. He said on this occasion it was fortunate only one horse was involved. Mr Oatham said this is an issue that Mr Forbes needs to get on top off.

Mr Oatham was of the opinion Mr Forbes be given one more opportunity to get his act together and submitted a fine in the range of $300 to $400.

Mr Forbes submitted that he was finding it really hard to get his weight down. Mr Forbes said he was endeavouring to do so by riding ten horses in work each morning and working at the stables in the afternoon. He reiterated that his weight is coming down slowly.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The only mitigating fact is Mr Forbes’ admission of the breach. The aggravating factors are Mr Forbes' very poor record under this Rule in the last 12 months. The connections of AAJA NACHLE were inconvenienced at short notice when Mr Forbes was unable to make the contracted weight. The Committee is concerned Mr Forbes was over 2kgs outside the contracted weight. The Committee referred to similar breaches before imposing penalty.

The Committee advised Mr Forbes that any further breach of this Rule in the near future would most likely result in a suspension.

After taking into account all the above factors we consider an appropriate penalty is a $400 fine.


penalty:

Accordingly, Mr Forbes is fined the sum of $400.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr A Forbes - Apprentice Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 298b5c2c12032017b4a4556a665d8c18


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: 1ddc5ec72871f95d31185ffb732dac9d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/05/2014


meet_title: Waikato RC - 3 May 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Waikato RC