Auckland RC 9 March 2013 – R 4
ID: JCA12027
Code:
Thoroughbred
Meet Title:
Auckland RC - 9 March 2013
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2013/03/09
Race Number:
R4
Decision:
As Mr Dee admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a $300 fine and rule that Mr Dee is to forfeit his losing riding fee.
Charge:
Following race 4, an information was filed pursuant to Rule 618(1) (b). The informant, Mr Oatham alleged that SUPACALIFRAGLISTIC ridden by Mr Dee claimed the incorrect allowance when claiming four kilograms when his actual allowance is three kilograms.
Mr Oatham read the rule and Mr Dee and Mr Shailer acknowledged that they understood the rule and the charge.
Facts:
Mr Oatham advised the Committee that this was a charge with complicated circumstances. Mr Dee only picked up the ride this morning because the carded rider, Ms Leighton, had an accident at the training track. This meant that the weight which Mr Dee was to carry was only manually entered on the weigh out sheets. His mount had a carded weight of 58kg and Mr Dee was eligible to claim 3kgs. This meant that following the race Mr Dee should have weighed in at 56kg allowing for the 1kg body protector. However, when weighing in after the race it was discovered by the Clerk of Scales, Mr R Sanders, that Mr Dee had in fact weighed in at 54.5kgs which means he was 1.5kg's below the proper weight.
Mr Oatham told the Committee that Mr R Sanders had thought that Mr Dee was a 4kg claimer. Accordingly, he instructed Mr Dee to remove some lead to achieve a weight of 55kgs. However, he concluded by stating under the rules it was the responsibility of a rider or their employer to be the correct weight.
Mr Dee told the Committee that his last ride yesterday was at 57kgs. He presented himself at the scales today with the same gear. He was then instructed by Mr Sanders to take lead out to achieve 55kgs. He summed up by saying he then handed the saddle straight to the trainer.
In response to a question from the Committee, Mr Dee said he followed the instruction of Mr Sanders and had not checked the race book to verify his correct weight. In answer to a further question from the Committee, Mr Dee confirmed he did not discuss with Mr Sanders that he was a 3kg claimer.
Mr Shailer said that Mr Dee followed the instructions of Mr Sanders who he said “had got it wrong”. Mr Shailer added that Mr Sanders had been weighing out for a number of years where as Mr Dee had only been riding for 6 months. He further added that he could understand why Mr Dee would have followed the instructions of an experienced Clerk of Scales.
Submissions for Penalty:
Mr Oatham submitted that Mr Dee had a clear record under this rule. He said it was every rider’s responsibility to be aware of their correct weighing in and weighing out obligations. He said on this occasion it was fortunate the horse did not run in the money. He submitted he had some sympathy for Mr Dee's situation because he was told by an authority to take the lead out.
Mr Oatham referred to 2 past breaches of this rule, one attracting a fine of $200 and the other a fine of $300 which occurred approximately 10 years ago. He submitted Mr Dee should forfeit his riding fee and an appropriate penalty would be a fine of $300 to $500.
Mr Shailer submitted that Mr Dee was not booked for the ride until race day and being a shy young apprentice he would not question the Clerk of Scales instruction. However, he conceded Mr Dee had enough time to check his weight prior to weighing out. He believed with the mitigating factors there was cause for leniency when imposing penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Dee's admission of the breach, his clear record under this rule, Mr Sanders had instructed Mr Dee to remove 1kg of lead, Mr Dee picked up the ride late on race morning and he is an inexperienced apprentice rider. However, this has to be balanced against the significant aggravating fact that Mr Dee failed in his obligations to be aware of his correct weight. Taking into account all the above and placing emphasis on the mitigating factors we independently assess an appropriate penalty is a $300 fine.
It is important to note SUPACALIFRAGLISTIC finished 7th prior to being disqualified from the race.
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: 306663d4e8ab56b4f202bb32b781b208
informantnumber: A2816
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 10/03/2013
hearing_title: Auckland RC 9 March 2013 - R 4
charge:
Following race 4, an information was filed pursuant to Rule 618(1) (b). The informant, Mr Oatham alleged that SUPACALIFRAGLISTIC ridden by Mr Dee claimed the incorrect allowance when claiming four kilograms when his actual allowance is three kilograms.
Mr Oatham read the rule and Mr Dee and Mr Shailer acknowledged that they understood the rule and the charge.
facts:
Mr Oatham advised the Committee that this was a charge with complicated circumstances. Mr Dee only picked up the ride this morning because the carded rider, Ms Leighton, had an accident at the training track. This meant that the weight which Mr Dee was to carry was only manually entered on the weigh out sheets. His mount had a carded weight of 58kg and Mr Dee was eligible to claim 3kgs. This meant that following the race Mr Dee should have weighed in at 56kg allowing for the 1kg body protector. However, when weighing in after the race it was discovered by the Clerk of Scales, Mr R Sanders, that Mr Dee had in fact weighed in at 54.5kgs which means he was 1.5kg's below the proper weight.
Mr Oatham told the Committee that Mr R Sanders had thought that Mr Dee was a 4kg claimer. Accordingly, he instructed Mr Dee to remove some lead to achieve a weight of 55kgs. However, he concluded by stating under the rules it was the responsibility of a rider or their employer to be the correct weight.
Mr Dee told the Committee that his last ride yesterday was at 57kgs. He presented himself at the scales today with the same gear. He was then instructed by Mr Sanders to take lead out to achieve 55kgs. He summed up by saying he then handed the saddle straight to the trainer.
In response to a question from the Committee, Mr Dee said he followed the instruction of Mr Sanders and had not checked the race book to verify his correct weight. In answer to a further question from the Committee, Mr Dee confirmed he did not discuss with Mr Sanders that he was a 3kg claimer.
Mr Shailer said that Mr Dee followed the instructions of Mr Sanders who he said “had got it wrong”. Mr Shailer added that Mr Sanders had been weighing out for a number of years where as Mr Dee had only been riding for 6 months. He further added that he could understand why Mr Dee would have followed the instructions of an experienced Clerk of Scales.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dee admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham submitted that Mr Dee had a clear record under this rule. He said it was every rider’s responsibility to be aware of their correct weighing in and weighing out obligations. He said on this occasion it was fortunate the horse did not run in the money. He submitted he had some sympathy for Mr Dee's situation because he was told by an authority to take the lead out.
Mr Oatham referred to 2 past breaches of this rule, one attracting a fine of $200 and the other a fine of $300 which occurred approximately 10 years ago. He submitted Mr Dee should forfeit his riding fee and an appropriate penalty would be a fine of $300 to $500.
Mr Shailer submitted that Mr Dee was not booked for the ride until race day and being a shy young apprentice he would not question the Clerk of Scales instruction. However, he conceded Mr Dee had enough time to check his weight prior to weighing out. He believed with the mitigating factors there was cause for leniency when imposing penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Dee's admission of the breach, his clear record under this rule, Mr Sanders had instructed Mr Dee to remove 1kg of lead, Mr Dee picked up the ride late on race morning and he is an inexperienced apprentice rider. However, this has to be balanced against the significant aggravating fact that Mr Dee failed in his obligations to be aware of his correct weight. Taking into account all the above and placing emphasis on the mitigating factors we independently assess an appropriate penalty is a $300 fine.
It is important to note SUPACALIFRAGLISTIC finished 7th prior to being disqualified from the race.
penalty:
Accordingly, we impose a $300 fine and rule that Mr Dee is to forfeit his losing riding fee.
hearing_type: Hearing
Rules: 618 (1) (b)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr M Dee - Apprentice Rider, Mr P Shailer - Trainer assisting Mr Dee
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ca1e658517f78b67cd786038ce0a9121
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 386b5e892c2a89cff6b97ad22a01a8dd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/03/2013
meet_title: Auckland RC - 9 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Auckland RC