Archive Decision

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Auckland RC 27 October 2012 – R 10

ID: JCA12356

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr G Opie - Trainer of ZARAZEN

Information Number:
2987

Hearing Type:
Hearing

Rules:
614 (2)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 27 October 2012

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2012/10/27

Race Number:
R10

Decision:

As the breach was admitted we find the charge proved.

Penalty:

It was pointed out to Mr Opie that the JCA penalty guide suggests a starting point for a breach of this rule should be $750. However because of the mitigating factors above and to be consistent with previous breaches of this rule the committee determines an appropriate penalty is one of $500. The committee explained to Mr Opie that the quantum of this penalty reflects the serious consequences that could arise from a breach of this rule.

Charge:

Incorrect gear 

Facts:

Following race 10 an information was filed pursuant to rule 614 (2).  Mr Williamson alleged that Mr G Opie presented the horse ZARAZEN to race without its lead bag in place.

Submissions for Decision:

Mr Williamson explained to the committee that when Mr Opie presented his horse ZARAZEN at the inspection area, it was discovered by the Assistant Stipendiary Steward, Mr B Jones, that the lead bag was missing.  Mr Jones immediately instructed Mr Opie to return to the saddling enclosure and resaddle his horse correctly.

Mr Opie, in admitting the breach, said his jockey Miss M Wenn was late in weighing out.  He said as he was about to saddle up the horses were being called and in his haste he inadvertently left the lead bag on the side of the stall.  He added that 2 people were saddling the horse which added to the confusion.

Submissions for Penalty:

Mr Williamson submitted that recent breaches of this rule had incurred fines of $500 and he could see no reason why this penalty today should be any different.

Mr Opie asked the committee to take into account that his jockey was late in weighing out which contributed to the incident.

Reasons for Penalty:

The committee carefully considered all evidence and submissions.  While we have some sympathy that Mr Opie's jockey may have played a part in the error the final responsibility of presenting his horse correctly lies solely with the trainer.  In mitigation Mr Opie admitted the breach, cooperated fully with the stewards and this was his first breach of this rule. 

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: 5231387e7e0171592b3f82c9394af560


informantnumber: 2987


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 04/10/2012


hearing_title: Auckland RC 27 October 2012 - R 10


charge:

Incorrect gear 


facts:

Following race 10 an information was filed pursuant to rule 614 (2).  Mr Williamson alleged that Mr G Opie presented the horse ZARAZEN to race without its lead bag in place.


appealdecision:


isappeal:


submissionsfordecision:

Mr Williamson explained to the committee that when Mr Opie presented his horse ZARAZEN at the inspection area, it was discovered by the Assistant Stipendiary Steward, Mr B Jones, that the lead bag was missing.  Mr Jones immediately instructed Mr Opie to return to the saddling enclosure and resaddle his horse correctly.

Mr Opie, in admitting the breach, said his jockey Miss M Wenn was late in weighing out.  He said as he was about to saddle up the horses were being called and in his haste he inadvertently left the lead bag on the side of the stall.  He added that 2 people were saddling the horse which added to the confusion.


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Williamson submitted that recent breaches of this rule had incurred fines of $500 and he could see no reason why this penalty today should be any different.

Mr Opie asked the committee to take into account that his jockey was late in weighing out which contributed to the incident.


reasonsforpenalty:

The committee carefully considered all evidence and submissions.  While we have some sympathy that Mr Opie's jockey may have played a part in the error the final responsibility of presenting his horse correctly lies solely with the trainer.  In mitigation Mr Opie admitted the breach, cooperated fully with the stewards and this was his first breach of this rule. 


penalty:

It was pointed out to Mr Opie that the JCA penalty guide suggests a starting point for a breach of this rule should be $750. However because of the mitigating factors above and to be consistent with previous breaches of this rule the committee determines an appropriate penalty is one of $500. The committee explained to Mr Opie that the quantum of this penalty reflects the serious consequences that could arise from a breach of this rule.


hearing_type: Hearing


Rules: 614 (2)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr G Opie - Trainer of ZARAZEN


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 078c518433c9fd17bb56c63f4b1047d1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c2344be5c9f95981977e58a8d7d1344c


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/10/2012


meet_title: Auckland RC - 27 October 2012


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "310", "Total": "192.2", "kmprice": 192.19999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC