Taumarunui RC 27 July 2013 – R 7
ID: JCA12514
Code:
Thoroughbred
Meet Title:
Taumarunui RC - 27 July 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2013/07/27
Race Number:
R7
Decision:
As Mr Turner admitted the breach we find the charge proved.
Penalty:
We grant Mr Turner’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Turner which will commence after racing on 3 August and conclude after racing on 10 August 2013 (4 days).
Charge:
Prior to race 7, Derek Stephens Memorial Taumarunui Gold Cup (Listed Race) an Information was filed pursuant to Rule 330(3)(c). The Informant, Mr Oatham, alleged that Mr D Turner was unable to make the required weight for MINI PEARL.
Mr Turner acknowledged that he understood the nature of the charge and the Rule and was assisted by his employer Mr Bourke.
Rule 330(3) (c) provides: A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
Facts:
Mr Oatham advised the Committee that Mr Turner was the declared rider for MINI PEARL at 53kgs. He said that prior to race 2 Mr Turner informed Stewards that he was 1.5kgs above MINI PEARL carded weight.
The trainer of MINI PEARL, Mr Auret, was advised of Mr Turner's situation and as a result despite limited options he was able to secure Mr Jago as the replacement rider.
Mr Tuner told the Committee that he had been in a sauna every night this week in an attempt to make the carded weight of 53kgs.
In response to a question from the Committee, Mr Turner advised that he last rode at 53.5kgs in April 2013.
Mr Bourke, on behalf of Mr Turner, reiterated that Mr Turner had tried hard to make the weight but conceded that 54.5kg was the best he could achieve.
Submissions for Penalty:
Mr Oatham produced Mr Turner's record which showed 5 previous breaches under this Rule in the last 12 months. He noted that a penalty of $400 was issued on 10 June and on 29 June the penalty escalated to a 3 day suspension. He said that Mr Turner had let down the betting public and the connections of MINI PEARL by not making the carded weight. He said that Mr Turner's record is of real concern and submitted a penalty of 4 to 5 days suspension would be appropriate.
Mr Oatham further submitted that while he had sympathy for riders that waste it appears that Mr Turner has been extremely optimistic in accepting a mount at 53kg.
Mr Turner acknowledged that his record is poor and an appropriate penalty would be a 4 to 5 day suspension.
Mr Tuner sought a deferment to his proposed suspension to enable him to ride at Christchurch on August 3rd. He told the Committee that he had no intention of riding at Christchurch on August 7th and advised us he had not ridden at Christchurch previously.
Mr Bourke submitted that while he accepted a suspension would be an appropriate penalty highlighted any time off would have an impact on Mr Turner as he is battling with his weight.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. We have assessed the only mitigating fact is Mr Turner's admission of the breach. We have assessed the following points as aggravating factors. Mr Turner’s extremely poor record, noting this is the 6th breach of this Rule in the last 12 months. This particular race was a leg of a $500,000 terminating Pick 6 and on that basis there was high public interest in declared riders for horses in each of the pick 6 races. The race was a Listed event carrying stake money of $80,000 which resulted in the connections of MINI PEARL having to secure a replacement rider at very short notice. At the time of accepting the mount on MINI PEARL, Mr Turner, had not been able to ride below 53.5 kg since April 2013. His plan to lose the necessary weight was to have a sauna each day but he conceded that he had no intentions to do anything else to achieve the necessary weight loss. Accordingly, whilst not unsympathetic the Committee believes that in the absence of other weight lose measures it was inevitable that Mr Turner was never going to be able to make the carded weight.
The Committee did have regard for what Mr Turner’s loss of earnings would equate to before determining penalty.
On this occasion having reflected on previous penalties handed down to other riders as well as Mr Turner’s most recent 3 day suspension for breaching this Rule we consider the appropriate penalty is a 4 day suspension.
The Committee strongly urged Mr Turner to be more vigilant and responsible in the future in accepting mounts that are outside his weight range.
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: 65ccf4dbf1a18de07ea3bc48bfe669c0
informantnumber: A4277
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/07/2013
hearing_title: Taumarunui RC 27 July 2013 - R 7
charge:
Prior to race 7, Derek Stephens Memorial Taumarunui Gold Cup (Listed Race) an Information was filed pursuant to Rule 330(3)(c). The Informant, Mr Oatham, alleged that Mr D Turner was unable to make the required weight for MINI PEARL.
Mr Turner acknowledged that he understood the nature of the charge and the Rule and was assisted by his employer Mr Bourke.
Rule 330(3) (c) provides: A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
facts:
Mr Oatham advised the Committee that Mr Turner was the declared rider for MINI PEARL at 53kgs. He said that prior to race 2 Mr Turner informed Stewards that he was 1.5kgs above MINI PEARL carded weight.
The trainer of MINI PEARL, Mr Auret, was advised of Mr Turner's situation and as a result despite limited options he was able to secure Mr Jago as the replacement rider.
Mr Tuner told the Committee that he had been in a sauna every night this week in an attempt to make the carded weight of 53kgs.
In response to a question from the Committee, Mr Turner advised that he last rode at 53.5kgs in April 2013.
Mr Bourke, on behalf of Mr Turner, reiterated that Mr Turner had tried hard to make the weight but conceded that 54.5kg was the best he could achieve.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Turner admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Turner's record which showed 5 previous breaches under this Rule in the last 12 months. He noted that a penalty of $400 was issued on 10 June and on 29 June the penalty escalated to a 3 day suspension. He said that Mr Turner had let down the betting public and the connections of MINI PEARL by not making the carded weight. He said that Mr Turner's record is of real concern and submitted a penalty of 4 to 5 days suspension would be appropriate.
Mr Oatham further submitted that while he had sympathy for riders that waste it appears that Mr Turner has been extremely optimistic in accepting a mount at 53kg.
Mr Turner acknowledged that his record is poor and an appropriate penalty would be a 4 to 5 day suspension.
Mr Tuner sought a deferment to his proposed suspension to enable him to ride at Christchurch on August 3rd. He told the Committee that he had no intention of riding at Christchurch on August 7th and advised us he had not ridden at Christchurch previously.
Mr Bourke submitted that while he accepted a suspension would be an appropriate penalty highlighted any time off would have an impact on Mr Turner as he is battling with his weight.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. We have assessed the only mitigating fact is Mr Turner's admission of the breach. We have assessed the following points as aggravating factors. Mr Turner’s extremely poor record, noting this is the 6th breach of this Rule in the last 12 months. This particular race was a leg of a $500,000 terminating Pick 6 and on that basis there was high public interest in declared riders for horses in each of the pick 6 races. The race was a Listed event carrying stake money of $80,000 which resulted in the connections of MINI PEARL having to secure a replacement rider at very short notice. At the time of accepting the mount on MINI PEARL, Mr Turner, had not been able to ride below 53.5 kg since April 2013. His plan to lose the necessary weight was to have a sauna each day but he conceded that he had no intentions to do anything else to achieve the necessary weight loss. Accordingly, whilst not unsympathetic the Committee believes that in the absence of other weight lose measures it was inevitable that Mr Turner was never going to be able to make the carded weight.
The Committee did have regard for what Mr Turner’s loss of earnings would equate to before determining penalty.
On this occasion having reflected on previous penalties handed down to other riders as well as Mr Turner’s most recent 3 day suspension for breaching this Rule we consider the appropriate penalty is a 4 day suspension.
The Committee strongly urged Mr Turner to be more vigilant and responsible in the future in accepting mounts that are outside his weight range.
penalty:
We grant Mr Turner’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, we impose a suspension on Mr Turner which will commence after racing on 3 August and conclude after racing on 10 August 2013 (4 days).
hearing_type: Hearing
Rules: 330(3)(c)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr D Turner - Apprentice Rider
Otherperson: Mr P Bourke - Licensed Trainer (Class B) - Mr Turner's employer
PersonPresent:
Respondent:
StipendSteward:
raceid: 5c81c5c50e5dec27b394428cf4db7783
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: 96b16e4708e505ac34e5f43ec2c0e58d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/07/2013
meet_title: Taumarunui RC - 27 July 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taumarunui-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Taumarunui RC