Archive Decision

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Manawatu RC 13 November 2020 – R 2 – Mr N McCutcheon

ID: JCA11057

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr R Elliot - Licensed Jockey

Information Number:
A14106

Hearing Type:
Hearing

New Charge:
Weighed out without leathers and irons

Rules:
649(1)(a)

Plea:
admitted

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)

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: 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