Waikato RC 14 December 2013 – R 7
ID: JCA11310
Code:
Thoroughbred
Meet Title:
Waikato RC - 14 December 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2013/12/14
Race Number:
R7
Decision:
As Mr Adams admitted the breach we find the charge proved.
Penalty:
Accordingly, Mr Adams is fined $450.
Facts:
An Information was filed pursuant to Rule 330(3) (b) in race 7, THE WAIKATO TIMES GOLD CUP, GROUP 3. The Informant, Mr Oatham, alleged that Mr Adams permitted himself to be engaged for two horses being BONINSKY and BELLAZEEL.
Mr Adams acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
This charge arises from a Request for a Ruling concerning a disputed riding engagement heard and resolved on December 11 at Ellerslie. The hearing centred on whether or not Mr Adams had a prior engagement for BONINSKY in the Waikato Times Gold Cup before accepting the ride on BELLAZEEL in the same race. During the hearing submissions were presented on behalf of the connections of BONINSKY, BELLAZEEL and both Mr M Dillon and Mr G Harvey who were instrumental in engaging Mr Adams for both horses.
The Committee determined the weight of evidence was in favour of Mr Adams having a firm prior engagement to ride BONINSKY.
At the commencement of this hearing both Mr Oatham and Mr Adams acknowledged the facts as summarised above were accepted and not in dispute.
Submissions for Penalty:
Mr Oatham submitted that Mr Adams was aware of both engagements. He said that the breach was aggravated by the status of the race (Group 3), stake money ($100,000) and the inconvenience to the connections of both horses. He submitted that the Stewards were seeking a fine as an appropriate penalty and referred to previous breaches which incurred fines between $100 and $500.
Mr Oatham drew the Committee’s attention to a breach involving jockey C in 2005 which occurred in a Group 1 race and incurred a fine of $1,250. Mr Oatham advised that Mr Adams has no previous breaches of this Rule (In New Zealand or Australia). In this case the Stewards seek a fine of $500.
Mr Adams submitted that the dual engagement “was a stuff up, unplanned and an accident”. He said the incident is something he will be mindful of in the future and he added he had a “lot on his mind” at the time.
In response to a question from the Committee, Mr Adams said he intended to remain in New Zealand for the next 4 to 6 weeks and was not in a position to pay a large fine.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Adams' admission of the breach and his clear record in relation to this Rule. The aggravating factors are the status of the race being a Group 3 carrying a stake of $100,000 and the requirement for the connections of BELLAZEEL to engage a replacement suitable lightweight jockey at short notice. The Committee is of the view that this was avoidable given the circumstances surrounding this case.
We have taken into account the penalty guide for Judicial Committees which provides a starting point for a breach of this Rule at $300. We have also referred to previous penalties handed out for similar breaches and noted they are relatively rare and are fact dependent. The Committee has noted 10 previous breaches over a 2 year period have incurred fines between $100 and $500. In reference to the Steward's submission concerning Ms C (2005) we note that breach occurred in a Group 1 race in which the disputed engagement was the subject of considerable media interest which was viewed as potentially detrimental to racing. This breach does not have the same profile.
After taking into account all the above factors we consider an appropriate penalty is a $450 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: 1c2c6f9e5a9d2e041f0850c0aa65330f
informantnumber: A2927
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Engaged for two horses
plea: admitted
penaltyrequired: 1
decisiondate: 30/11/2013
hearing_title: Waikato RC 14 December 2013 - R 7
charge:
facts:
An Information was filed pursuant to Rule 330(3) (b) in race 7, THE WAIKATO TIMES GOLD CUP, GROUP 3. The Informant, Mr Oatham, alleged that Mr Adams permitted himself to be engaged for two horses being BONINSKY and BELLAZEEL.
Mr Adams acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
This charge arises from a Request for a Ruling concerning a disputed riding engagement heard and resolved on December 11 at Ellerslie. The hearing centred on whether or not Mr Adams had a prior engagement for BONINSKY in the Waikato Times Gold Cup before accepting the ride on BELLAZEEL in the same race. During the hearing submissions were presented on behalf of the connections of BONINSKY, BELLAZEEL and both Mr M Dillon and Mr G Harvey who were instrumental in engaging Mr Adams for both horses.
The Committee determined the weight of evidence was in favour of Mr Adams having a firm prior engagement to ride BONINSKY.
At the commencement of this hearing both Mr Oatham and Mr Adams acknowledged the facts as summarised above were accepted and not in dispute.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Adams admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham submitted that Mr Adams was aware of both engagements. He said that the breach was aggravated by the status of the race (Group 3), stake money ($100,000) and the inconvenience to the connections of both horses. He submitted that the Stewards were seeking a fine as an appropriate penalty and referred to previous breaches which incurred fines between $100 and $500.
Mr Oatham drew the Committee’s attention to a breach involving jockey C in 2005 which occurred in a Group 1 race and incurred a fine of $1,250. Mr Oatham advised that Mr Adams has no previous breaches of this Rule (In New Zealand or Australia). In this case the Stewards seek a fine of $500.
Mr Adams submitted that the dual engagement “was a stuff up, unplanned and an accident”. He said the incident is something he will be mindful of in the future and he added he had a “lot on his mind” at the time.
In response to a question from the Committee, Mr Adams said he intended to remain in New Zealand for the next 4 to 6 weeks and was not in a position to pay a large fine.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Adams' admission of the breach and his clear record in relation to this Rule. The aggravating factors are the status of the race being a Group 3 carrying a stake of $100,000 and the requirement for the connections of BELLAZEEL to engage a replacement suitable lightweight jockey at short notice. The Committee is of the view that this was avoidable given the circumstances surrounding this case.
We have taken into account the penalty guide for Judicial Committees which provides a starting point for a breach of this Rule at $300. We have also referred to previous penalties handed out for similar breaches and noted they are relatively rare and are fact dependent. The Committee has noted 10 previous breaches over a 2 year period have incurred fines between $100 and $500. In reference to the Steward's submission concerning Ms C (2005) we note that breach occurred in a Group 1 race in which the disputed engagement was the subject of considerable media interest which was viewed as potentially detrimental to racing. This breach does not have the same profile.
After taking into account all the above factors we consider an appropriate penalty is a $450 fine.
penalty:
Accordingly, Mr Adams is fined $450.
hearing_type: Hearing
Rules: 330(3)(b)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr J Adams - Licensed Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9419f81ed135a7202cacbd5b9c97ce43
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: 7b7b732e8f56f672eecd651393754622
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/12/2013
meet_title: Waikato RC - 14 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Waikato RC