Avondale JC 22 May 2013 – R 7
ID: JCA12636
Code:
Thoroughbred
Meet Title:
Avondale JC - 22 May 2013
Meet Chair:
AGodsalve
Meet Committee Member 1:
GTankard
Race Date:
2013/05/22
Race Number:
R7
Decision:
As the breach was admitted, we find the charge proved.
Penalty:
Mr Forbes is granted permission in accordance with Rule 1106(2) to complete riding engagements at Hawkes Bay on 27 May 2013.
Accordingly a suspension of 3 weeks is imposed on Mr Forbes, to begin after racing on 27 May and conclude after racing on 17 June 2013.
Charge:
Alleged breach of Rule 649(1)(a)
Facts:
Following the running of Race 7, the North West Flooring Xtra 1200, an information was lodged pursuant to Rule 649(1)(a). The informant Mr Coles alleged that apprentice rider A.FORBES attempted to weigh out for his mount JUSTAGEM without leathers and irons.
Rule 649(1)(a) states " A Rider must not do or permit any wrongful act or omission with respect to weight or weighing in"
Submissions for Decision:
Prior to the hearing commencing, Apprentice rider A.Forbes was asked that, given the relatively serious nature of the charge against him, if he was completely happy to have the matter dealt with on raceday. He answered that he was and that he did not require to consult anyone else before the matter was dealt with.
It should be pointed out that trainer Mr Stephen Autridge was present at the hearing to support jockey Forbes.
Mr Coles told the committee that this matter arose from an incident which occurred as jockey Forbes was preparing to weigh out for his mount Justagem in race 7 today. He stated that Stipendiary Steward J Oatham had seen Mr Forbes approach the weigh out area with a saddle covered with a pad. When Mr Forbes hesitated Mr Oatham's suspicions were raised. Mr Coles then displayed a very small race saddle minus any irons or leathers.
The committee asked Mr Oatham to describe in his own words what had taken place. Mr Oatham confirmed that he had witnessed jockey Forbes heading towards the weigh out scales from the jockeys' room with gear which looked quite 'sparse'. He said Mr Forbes was carrying a small saddle covered with a pad. As Mr Forbes attempted to stand on the scales, Mr Oatham said he lifted the pad off the saddle and found the saddle in the state it had been displayed to the committee, a very small saddle without irons or leathers. Mr Oatham said he had queried Mr Forbes about the saddle, to which Mr Forbes had replied that he 'must have picked up the wrong saddle' and that he 'didn't use that saddle on raceday'. Mr Oatham said he was surprised at that explanation and wondered why Mr Forbes would have taken it to the scales in the first place if he didn't use on raceday. Mr Oatham stated he then directed Mr Forbes to accompany him to the Stipendiary Stewards' room adjacent to the weighing area where he bought the matter to the attention of the Stipendiary Stewards' Chairman Mr Coles.
Mr Forbes when asked for an explanation stated that he acknowledged that the saddle did not have any irons or leathers on it but that he had been carrying a girth strap, surcingle, and neck strap when he attempted to weigh out. A a matter of clarification at this time Mr Oatham said Mr Forbes may have been carrying that other gear at the time however his main concern was the state of the saddle he was carrying, which led to the charge before us. Mr Forbes had no other explanation.
Mr Autridge, on behalf of Mr Forbes, asked for clarification as to whether Mr Forbes had weighed out at the correct weight with the saddle and if he been re-weighed later. Mr Oatham told the hearing that when he initially approached Mr Forbes on the scales he had been assessed at the correct weight for that horse he was due to ride. Mr Oatham said that after Mr Forbes had returned to the jockeys' room and re-weighed himself with correct gear he was slightly above the required weight but not enough to raise any concerns about being 'overweight'.
Reasons for Decision:
Admitted.
Submissions for Penalty:
When asked for his submissions on penalty Mr Coles advised the committee that Mr Forbes had a 'shocking' record over the past 12 months in matters relating to weighing out and weighing in for races. He pointed out that Mr Forbes had been riding in Australia for part of that time and had 3 separate breaches over weight issues there. On 20 December 2012 he was fined $1000 after weighing in over 1/2kg over his allowable weight; on 29 January 2013 he was fined $500 for weighing out without a riding vest, and on 1 March 2013 he was fined $300 for being 1/2kg over his allowable weight. In New Zealand on 6 November 2012 at Otago he was fined $100 for changing his gear after having weighed out for a race, and on 27 April 2013 at Te Rapa he was fined $1000 after twice attempting to mislead the clerk of the scales. On this occasion he presented himself at the scales without a riding vest, was told to return to the jockeys' room and put one on, however he then re-presented himself at the scales without a vest.
Mr Coles stated that the Stewards viewed this latest breach to be at the high end on the scale of seriousness, and the consequences would be very serious for Mr Forbes if he attempted to deceive officials again. He submitted that on this occasion the Stewards felt a period of suspension of 3 weeks would be appropriate.
Mr Forbes had nothing to say regarding penalty, however asked that he be permitted to ride at Hawkes Bay on 27 May before any suspension began.
Mr Autridge, for Mr Forbes, accepted that he had admitted the breach. He said Mr Forbes was still young and was getting 'too big'. He said that it was to be hoped that any penalty today 'worked' and added that a period of suspension would not help Mr Forbes' weight problems.
Reasons for Penalty:
The committee has carefully considered the submissions and evidence presented to the hearing today. We referred to the JCA penalty guide and note that in breaches of this Rule the penalty guidelines are 'fact dependant'. We have had evidence presented to the committee today in respect of a number of breaches both in New Zealand and Australia within the past 12 months by Mr Forbes.
We take into account Mr Forbes' admission of the breach. Normally this would be viewed as a mitigating factor when assessing penalty, however given the very poor record of Mr Forbes over weight issues we have difficulty giving any credit for this admission.
The committee has further concern over Mr Forbes' explanation that he mistakenly picked up the wrong saddle, given the fact that his record shows he is becoming a 'serial offender' in matters surrounding his weight. We acknowledge that Mr Forbes is a talented young rider who is having serious issues with his weight as he gets older, however he must be made aware that he cannot continue attempting to deceive officials in the manner he has been doing. Mr Forbes could be said to be at a turning point in his career as a jockey and he should accept that his behaviour to date could result in his career being under threat if he transgresses these particular rules in the future. We assess this breach today to be at the high end of culpability.
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: 429c5a7692de7ed241a607543c6cd9f0
informantnumber: 2098
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 07/05/2013
hearing_title: Avondale JC 22 May 2013 - R 7
charge:
Alleged breach of Rule 649(1)(a)
facts:
Following the running of Race 7, the North West Flooring Xtra 1200, an information was lodged pursuant to Rule 649(1)(a). The informant Mr Coles alleged that apprentice rider A.FORBES attempted to weigh out for his mount JUSTAGEM without leathers and irons.
Rule 649(1)(a) states " A Rider must not do or permit any wrongful act or omission with respect to weight or weighing in"
appealdecision:
isappeal:
submissionsfordecision:
Prior to the hearing commencing, Apprentice rider A.Forbes was asked that, given the relatively serious nature of the charge against him, if he was completely happy to have the matter dealt with on raceday. He answered that he was and that he did not require to consult anyone else before the matter was dealt with.
It should be pointed out that trainer Mr Stephen Autridge was present at the hearing to support jockey Forbes.
Mr Coles told the committee that this matter arose from an incident which occurred as jockey Forbes was preparing to weigh out for his mount Justagem in race 7 today. He stated that Stipendiary Steward J Oatham had seen Mr Forbes approach the weigh out area with a saddle covered with a pad. When Mr Forbes hesitated Mr Oatham's suspicions were raised. Mr Coles then displayed a very small race saddle minus any irons or leathers.
The committee asked Mr Oatham to describe in his own words what had taken place. Mr Oatham confirmed that he had witnessed jockey Forbes heading towards the weigh out scales from the jockeys' room with gear which looked quite 'sparse'. He said Mr Forbes was carrying a small saddle covered with a pad. As Mr Forbes attempted to stand on the scales, Mr Oatham said he lifted the pad off the saddle and found the saddle in the state it had been displayed to the committee, a very small saddle without irons or leathers. Mr Oatham said he had queried Mr Forbes about the saddle, to which Mr Forbes had replied that he 'must have picked up the wrong saddle' and that he 'didn't use that saddle on raceday'. Mr Oatham said he was surprised at that explanation and wondered why Mr Forbes would have taken it to the scales in the first place if he didn't use on raceday. Mr Oatham stated he then directed Mr Forbes to accompany him to the Stipendiary Stewards' room adjacent to the weighing area where he bought the matter to the attention of the Stipendiary Stewards' Chairman Mr Coles.
Mr Forbes when asked for an explanation stated that he acknowledged that the saddle did not have any irons or leathers on it but that he had been carrying a girth strap, surcingle, and neck strap when he attempted to weigh out. A a matter of clarification at this time Mr Oatham said Mr Forbes may have been carrying that other gear at the time however his main concern was the state of the saddle he was carrying, which led to the charge before us. Mr Forbes had no other explanation.
Mr Autridge, on behalf of Mr Forbes, asked for clarification as to whether Mr Forbes had weighed out at the correct weight with the saddle and if he been re-weighed later. Mr Oatham told the hearing that when he initially approached Mr Forbes on the scales he had been assessed at the correct weight for that horse he was due to ride. Mr Oatham said that after Mr Forbes had returned to the jockeys' room and re-weighed himself with correct gear he was slightly above the required weight but not enough to raise any concerns about being 'overweight'.
reasonsfordecision:
Admitted.
Decision:
As the breach was admitted, we find the charge proved.
sumissionsforpenalty:
When asked for his submissions on penalty Mr Coles advised the committee that Mr Forbes had a 'shocking' record over the past 12 months in matters relating to weighing out and weighing in for races. He pointed out that Mr Forbes had been riding in Australia for part of that time and had 3 separate breaches over weight issues there. On 20 December 2012 he was fined $1000 after weighing in over 1/2kg over his allowable weight; on 29 January 2013 he was fined $500 for weighing out without a riding vest, and on 1 March 2013 he was fined $300 for being 1/2kg over his allowable weight. In New Zealand on 6 November 2012 at Otago he was fined $100 for changing his gear after having weighed out for a race, and on 27 April 2013 at Te Rapa he was fined $1000 after twice attempting to mislead the clerk of the scales. On this occasion he presented himself at the scales without a riding vest, was told to return to the jockeys' room and put one on, however he then re-presented himself at the scales without a vest.
Mr Coles stated that the Stewards viewed this latest breach to be at the high end on the scale of seriousness, and the consequences would be very serious for Mr Forbes if he attempted to deceive officials again. He submitted that on this occasion the Stewards felt a period of suspension of 3 weeks would be appropriate.
Mr Forbes had nothing to say regarding penalty, however asked that he be permitted to ride at Hawkes Bay on 27 May before any suspension began.
Mr Autridge, for Mr Forbes, accepted that he had admitted the breach. He said Mr Forbes was still young and was getting 'too big'. He said that it was to be hoped that any penalty today 'worked' and added that a period of suspension would not help Mr Forbes' weight problems.
reasonsforpenalty:
The committee has carefully considered the submissions and evidence presented to the hearing today. We referred to the JCA penalty guide and note that in breaches of this Rule the penalty guidelines are 'fact dependant'. We have had evidence presented to the committee today in respect of a number of breaches both in New Zealand and Australia within the past 12 months by Mr Forbes.
We take into account Mr Forbes' admission of the breach. Normally this would be viewed as a mitigating factor when assessing penalty, however given the very poor record of Mr Forbes over weight issues we have difficulty giving any credit for this admission.
The committee has further concern over Mr Forbes' explanation that he mistakenly picked up the wrong saddle, given the fact that his record shows he is becoming a 'serial offender' in matters surrounding his weight. We acknowledge that Mr Forbes is a talented young rider who is having serious issues with his weight as he gets older, however he must be made aware that he cannot continue attempting to deceive officials in the manner he has been doing. Mr Forbes could be said to be at a turning point in his career as a jockey and he should accept that his behaviour to date could result in his career being under threat if he transgresses these particular rules in the future. We assess this breach today to be at the high end of culpability.
penalty:
Mr Forbes is granted permission in accordance with Rule 1106(2) to complete riding engagements at Hawkes Bay on 27 May 2013.
Accordingly a suspension of 3 weeks is imposed on Mr Forbes, to begin after racing on 27 May and conclude after racing on 17 June 2013.
hearing_type: Hearing
Rules: Rule 649(1)(a)
Informant: A Coles-Stipendiary Steward
JockeysandTrainer: Mr A Forbes - Apprentice Jockey
Otherperson: A Coles - Stipendiary Steward, J Oatham Stipendiary Steward, S.R.Autridge-Licensed Trainer
PersonPresent:
Respondent:
StipendSteward:
raceid: c9dc026162dedaac744797d3e30b50f2
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: 0ed939da968c6607e8a5f4c6348e0e8c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/05/2013
meet_title: Avondale JC - 22 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: AGodsalve
meet_pm1: GTankard
meet_pm2: none
name: Avondale JC