Taranaki TRI 22 December 2014 – R 6 (request for a ruling)
ID: JCA11003
Code:
Thoroughbred
Meet Title:
Taranaki RC - 22 December 2014
Meet Chair:
NMcCutcheon
Race Date:
2014/12/22
Race Number:
R 6
Decision:
As a consequence the Committee determined that the connections of SECONDS OUT had reasonable cause to replace Mr Turner and accordingly his request for a riding fee and percentage of any prize money won was declined.
Facts:
The information alleged that Dylan Turner claimed that he was engaged to ride SECONDS OUT and seeks a riding fee and any percentage that the horse may earn.
Rule 330(2)reads:
Any dispute with reference to the engagement or engagements of a rider to ride at a particular race meeting or race meetings shall be determined by a judicial committee at the request of a stipendiary steward or any of the parties to the dispute.
Rule 330(4) reads:
An owner or lessee (as the case may be) or trainer or stable foreman, and every agent of an owner or lessee (as the case may be) or trainer or stable foreman, who has engaged a rider to ride in a race shall not, without reasonable cause, break such engagement.
Mr Turner and Mr Marks acknowledged that they understood the rule and the matter at hand.
Submissions for Decision:
Mr Turner said that he had been engaged to ride SECONDS OUT on nomination day, and that on Saturday morning the 20th of December he had been asked to ride SECONDS OUT in trackwork at approximately 7.30am. However he said to Mr Marks that he had to go and have a sweat and could not ride the horse. Mr Turner added that Mr Marks was not happy with this and said that if he did not ride the horse work he would not be riding it on Monday (raceday). He said that later in the day, when looking at the fields for Taranaki, he saw that he had been replaced.
Mr Bourke said that he was not at the track on the Saturday morning but did receive a telephone call from Mr Marks and was advised of the situation. He said he then immediately tried to contact Dylan but was unable to do so as Dylan did not have his mobile with him. He was then advised by another person that Dylan had left the track.
Miss B Davies, a part-owner of SECONDS OUT, said that Dylan had been engaged to ride the horse in the said race on the condition that he rode it work without charge for the week leading up to the race. She added that after Dylan refused to ride it work that Mr Marks became upset and that the decision was made to have him replaced. Miss Davies added that Dylan only rode the horse on the Monday and Tuesday and as a consequence did not honour the contract.
In answer to a question from the Judicial Committee Mr Turner acknowledged that part of the verbal contract was for him to ride the horse trackwork free of charge for the week leading up to raceday and that he had broken the contract by only riding the horse on the Monday and Tuesday during the week prior to raceday.
When invited to comment, Mr Marks reiterated some of the points made by Miss Davies.
Reasons for Decision:
It was clear that a verbal contract was made for Mr Turner to ride SECONDS OUT at New Plymouth on 22 December 2014 and that part of that contract was for Mr Turner to ride the horse free of charge in trackwork for the week leading up to raceday.
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: 0a6209059379913d921d3370ad55c024
informantnumber: A6790
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 13/12/2014
hearing_title: Taranaki TRI 22 December 2014 - R 6 (request for a ruling)
charge:
facts:
The information alleged that Dylan Turner claimed that he was engaged to ride SECONDS OUT and seeks a riding fee and any percentage that the horse may earn.
Rule 330(2)reads:
Any dispute with reference to the engagement or engagements of a rider to ride at a particular race meeting or race meetings shall be determined by a judicial committee at the request of a stipendiary steward or any of the parties to the dispute.
Rule 330(4) reads:
An owner or lessee (as the case may be) or trainer or stable foreman, and every agent of an owner or lessee (as the case may be) or trainer or stable foreman, who has engaged a rider to ride in a race shall not, without reasonable cause, break such engagement.
Mr Turner and Mr Marks acknowledged that they understood the rule and the matter at hand.
appealdecision:
isappeal:
submissionsfordecision:
Mr Turner said that he had been engaged to ride SECONDS OUT on nomination day, and that on Saturday morning the 20th of December he had been asked to ride SECONDS OUT in trackwork at approximately 7.30am. However he said to Mr Marks that he had to go and have a sweat and could not ride the horse. Mr Turner added that Mr Marks was not happy with this and said that if he did not ride the horse work he would not be riding it on Monday (raceday). He said that later in the day, when looking at the fields for Taranaki, he saw that he had been replaced.
Mr Bourke said that he was not at the track on the Saturday morning but did receive a telephone call from Mr Marks and was advised of the situation. He said he then immediately tried to contact Dylan but was unable to do so as Dylan did not have his mobile with him. He was then advised by another person that Dylan had left the track.
Miss B Davies, a part-owner of SECONDS OUT, said that Dylan had been engaged to ride the horse in the said race on the condition that he rode it work without charge for the week leading up to the race. She added that after Dylan refused to ride it work that Mr Marks became upset and that the decision was made to have him replaced. Miss Davies added that Dylan only rode the horse on the Monday and Tuesday and as a consequence did not honour the contract.
In answer to a question from the Judicial Committee Mr Turner acknowledged that part of the verbal contract was for him to ride the horse trackwork free of charge for the week leading up to raceday and that he had broken the contract by only riding the horse on the Monday and Tuesday during the week prior to raceday.
When invited to comment, Mr Marks reiterated some of the points made by Miss Davies.
reasonsfordecision:
It was clear that a verbal contract was made for Mr Turner to ride SECONDS OUT at New Plymouth on 22 December 2014 and that part of that contract was for Mr Turner to ride the horse free of charge in trackwork for the week leading up to raceday.
Decision:
As a consequence the Committee determined that the connections of SECONDS OUT had reasonable cause to replace Mr Turner and accordingly his request for a riding fee and percentage of any prize money won was declined.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 330(2)(4)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: Mr I Marks - Licensed Trainer, Mr P Bourke - assisting Mr Turner, Mr N Goodwin - StipendiarySteward, Mr J Oatham - Stipendiary Steward, Miss B Davies - Part owner of SECONDS OUT
Respondent:
StipendSteward: Mr D Turner - Licensed Apprentice Jockey
raceid: bde2d62c16f6cdeb72c77f6ab0521073
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9371342c918536c429db3dcb0e28b174
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/12/2014
meet_title: Taranaki RC - 22 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: none
meet_pm2: none
name: Taranaki RC