Marlborough RC 26 April 2019 – R 7 & 8 – Chair, Mr R McKenzie
ID: JCA12000
Code:
Thoroughbred
Meet Title:
Marlborough RC - 26 April 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2019/04/26
Race Number:
R7
Decision:
Miss Moki having admitted the breach, the charge was found proved.
Penalty:
Miss Moki is fined the sum of $200.
Facts:
Information No. A11451 was filed by Stipendiary Steward, Mr M R Davidson, against Licensed Apprentice Jockey (Class B), Miss Z W Moki, alleging a breach of Rule 330 (3) (a) that Miss Moki “broke riding engagements in Races 7 & 8 without reasonable cause”.
Miss Moki was not present at the race meeting but was represented at the hearing by Mr D M Walsh, Apprentice Jockey Mentor. Mr Walsh had signed the Statement by the Respondent on the information form on behalf of Miss Moki indicating that the breach was admitted. Mr Walsh explained to the hearing that he had contacted Miss Moki by telephone and explained the charge to her. He advised that Miss Moki fully understood the charge and instructed Mr Walsh to accept service of the information and admit the breach on her behalf.
Rule 330 provides as follows:
(3) A Rider shall not:
(a) wilfully or without reasonable cause break a riding engagement.
Mr Davidson said that he had received a call from the National Racing Bureau at about 5.00pm on the previous day, 25 April, advising that they wished to change two riders, as Miss Moki was not attending the meeting. He subsequently spoke with Miss Moki by telephone. She told Mr Davidson that she had expected to secure four or five rides, but had been let down by a trainer and ended up with only two rides – HARD BUT FAIR in Race 7 and SMOKE HOUSE BAY in Race 8. This was less than 24 hours before the race meeting, Mr Davidson said. Mr Davidson said that he told Miss Moki that he would not force her to attend the meeting but that she would likely face a charge of breaking the two engagements. Miss Moki was replaced on both horses by suitable riders, Mr Davidson said.
Mr Walsh confirmed what Mr Davidson had told the Committee. Miss Moki had told Mr Walsh that the air fares were expensive and it was not economic for her to attend the meeting.
Submissions for Penalty:
Mr Davidson said that Miss Moki has an earlier breach under this Rule – on 7 January 2019 at Otaki-Maori RC. However, on that occasion, she was late arriving on course and missed one ride. She was fined the sum of $150.
Mr Davidson referred the Committee to a similar recent case in which a rider (D L Turner) had telephoned the connections of two horses he had been engaged to ride the next day to advise he would not be riding. Mr Turner was fined the sum of $200 and Stewards considered that a fine of that amount would be appropriate in this case. The only aggravating factor in the present case was that the notification was too late for the changes to be made and publicised.
Mr Walsh submitted that Mr Turner is a senior rider with weight issues, which may have explained his breaking the engagements. Miss Moki is an apprentice and has to meet any fine herself. He asked the Committee to consider Miss Moki’s position as an apprentice jockey.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point of a $200 fine for a first breach of the Rule. The Committee did not take into account the previous breach, as the circumstances of that breach were somewhat different. The lateness of the notification was an aggravating factor warranting an uplift of $50 to that starting point. However, Miss Moki is entitled to a discount for her record, which we deem to be clear, and her admission of the breach. The Committee fixes that discount at $50.
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: 2f43fd9694ffca2a1b0011f6f10e477b
informantnumber: A11451
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breaking Riding Engagements
plea: admitted
penaltyrequired: 1
decisiondate: 30/04/2019
hearing_title: Marlborough RC 26 April 2019 - R 7 & 8 - Chair, Mr R McKenzie
charge:
facts:
Information No. A11451 was filed by Stipendiary Steward, Mr M R Davidson, against Licensed Apprentice Jockey (Class B), Miss Z W Moki, alleging a breach of Rule 330 (3) (a) that Miss Moki “broke riding engagements in Races 7 & 8 without reasonable cause”.
Miss Moki was not present at the race meeting but was represented at the hearing by Mr D M Walsh, Apprentice Jockey Mentor. Mr Walsh had signed the Statement by the Respondent on the information form on behalf of Miss Moki indicating that the breach was admitted. Mr Walsh explained to the hearing that he had contacted Miss Moki by telephone and explained the charge to her. He advised that Miss Moki fully understood the charge and instructed Mr Walsh to accept service of the information and admit the breach on her behalf.
Rule 330 provides as follows:
(3) A Rider shall not:
(a) wilfully or without reasonable cause break a riding engagement.
Mr Davidson said that he had received a call from the National Racing Bureau at about 5.00pm on the previous day, 25 April, advising that they wished to change two riders, as Miss Moki was not attending the meeting. He subsequently spoke with Miss Moki by telephone. She told Mr Davidson that she had expected to secure four or five rides, but had been let down by a trainer and ended up with only two rides – HARD BUT FAIR in Race 7 and SMOKE HOUSE BAY in Race 8. This was less than 24 hours before the race meeting, Mr Davidson said. Mr Davidson said that he told Miss Moki that he would not force her to attend the meeting but that she would likely face a charge of breaking the two engagements. Miss Moki was replaced on both horses by suitable riders, Mr Davidson said.
Mr Walsh confirmed what Mr Davidson had told the Committee. Miss Moki had told Mr Walsh that the air fares were expensive and it was not economic for her to attend the meeting.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Moki having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Davidson said that Miss Moki has an earlier breach under this Rule – on 7 January 2019 at Otaki-Maori RC. However, on that occasion, she was late arriving on course and missed one ride. She was fined the sum of $150.
Mr Davidson referred the Committee to a similar recent case in which a rider (D L Turner) had telephoned the connections of two horses he had been engaged to ride the next day to advise he would not be riding. Mr Turner was fined the sum of $200 and Stewards considered that a fine of that amount would be appropriate in this case. The only aggravating factor in the present case was that the notification was too late for the changes to be made and publicised.
Mr Walsh submitted that Mr Turner is a senior rider with weight issues, which may have explained his breaking the engagements. Miss Moki is an apprentice and has to meet any fine herself. He asked the Committee to consider Miss Moki’s position as an apprentice jockey.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide starting point of a $200 fine for a first breach of the Rule. The Committee did not take into account the previous breach, as the circumstances of that breach were somewhat different. The lateness of the notification was an aggravating factor warranting an uplift of $50 to that starting point. However, Miss Moki is entitled to a discount for her record, which we deem to be clear, and her admission of the breach. The Committee fixes that discount at $50.
penalty:
Miss Moki is fined the sum of $200.
hearing_type: Hearing
Rules: 330(3)(a)
Informant: M R Davidson, Stipendiary Steward
JockeysandTrainer: Z W Moki, Licensed Apprentice Jockey (Class B)
Otherperson: D M Walsh, Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 5746a67dc9ef94fb92c15b3b66412cbd
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: 465536bfa64605308ed72dd38d532f66
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/04/2019
meet_title: Marlborough RC - 26 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-rc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Marlborough RC