Manawatu RC 13 November 2020 – R 2 – Mr N McCutcheon
ID: JCA11057
Meet Title:
Manawatu RC - 13 November 2020
Meet Chair:
NMcCutcheon
Race Date:
2020/11/13
Race Number:
R 2
Decision:
Due to the breach being admitted the charge was found proved.
Penalty:
Mr Elliot was Fined $500.
Facts:
Following the running of Race 2 (Bramco Granite & Marble/Feilding Flooring Xtra 3yo), Information A14108 was filed with the Judicial Committee. It was alleged that Mr Elliot weighed out to ride MEGLIO DI FALCREST without leathers and irons.
Rule 649(1)(a) states- A Rider must not: do or permit any wrongful act or omission with respect to weight or weighing.
Mr Elliot said that he understood the Rule, the charge that had been preferred and that he admitted the breach.
Mr Williamson said that Mr Elliot weighed out for MEGLIO DI FALCREST at 55.5kg and after weighing out his gear was inspected by the Clerk of the Scales Mr Baron, who observed that the saddle did not have leathers and irons attached. Mr Elliot re-weighed with all of the gear and was .5kg overweight.
Mr Baron confirmed to the Committee as to what had taken place at the scales.
In answer to a question from the Committee Mr Elliiot said that he left the gear off in an attempt to make the weight.
Submissions for Penalty:
Mr Williamson said that Mr Elliot had a number of weight offences but that this was the first time he had breached Rule 649(1)(a). He added that it was a serious charge and submitted that a fine be imposed, as a suspension would not help Mr Elliot’s weight problems. He added that Mr Elliot did not attempt to deny what he had done and admitted the breach immediately on being questioned by the Stewards.
Mr Elliot said that it was a silly thing to do and that he should have waited a little longer before weighing out, as he then went to the toilet and would have made the weight.
Reasons for Penalty:
There is not a JCA starting point for a breach of Rule 649(1)(a) accordingly it is fact dependent.
The Committee in determining a suitable penalty took into account the admission of the breach, Mr Elliot’s record, his frankness with the Stewards together with the relative seriousness of the breach. The sanction imposed should be sufficient to not only penalise the Respondent but also be a deterrent to others.
JCA Decision Fields (raw)
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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: 11be33b147707c691ec3bf8ed47dfa1e
informantnumber: A14106
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Weighed out without leathers and irons
plea: admitted
penaltyrequired: 1
decisiondate: 17/11/2020
hearing_title: Manawatu RC 13 November 2020 - R 2 - Mr N McCutcheon
charge:
facts:
Following the running of Race 2 (Bramco Granite & Marble/Feilding Flooring Xtra 3yo), Information A14108 was filed with the Judicial Committee. It was alleged that Mr Elliot weighed out to ride MEGLIO DI FALCREST without leathers and irons.
Rule 649(1)(a) states- A Rider must not: do or permit any wrongful act or omission with respect to weight or weighing.
Mr Elliot said that he understood the Rule, the charge that had been preferred and that he admitted the breach.
Mr Williamson said that Mr Elliot weighed out for MEGLIO DI FALCREST at 55.5kg and after weighing out his gear was inspected by the Clerk of the Scales Mr Baron, who observed that the saddle did not have leathers and irons attached. Mr Elliot re-weighed with all of the gear and was .5kg overweight.
Mr Baron confirmed to the Committee as to what had taken place at the scales.
In answer to a question from the Committee Mr Elliiot said that he left the gear off in an attempt to make the weight.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Due to the breach being admitted the charge was found proved.
sumissionsforpenalty:
Mr Williamson said that Mr Elliot had a number of weight offences but that this was the first time he had breached Rule 649(1)(a). He added that it was a serious charge and submitted that a fine be imposed, as a suspension would not help Mr Elliot’s weight problems. He added that Mr Elliot did not attempt to deny what he had done and admitted the breach immediately on being questioned by the Stewards.
Mr Elliot said that it was a silly thing to do and that he should have waited a little longer before weighing out, as he then went to the toilet and would have made the weight.
reasonsforpenalty:
There is not a JCA starting point for a breach of Rule 649(1)(a) accordingly it is fact dependent.
The Committee in determining a suitable penalty took into account the admission of the breach, Mr Elliot’s record, his frankness with the Stewards together with the relative seriousness of the breach. The sanction imposed should be sufficient to not only penalise the Respondent but also be a deterrent to others.
penalty:
Mr Elliot was Fined $500.
hearing_type: Hearing
Rules: 649(1)(a)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr R Elliot - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 51cb18a1cc13ba414cc2c0e5e3639ab0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f414d1f62901a0919432eb97b2ea5675
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/11/2020
meet_title: Manawatu RC - 13 November 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-rc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: none
meet_pm2: none
name: Manawatu RC