Archive Decision

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R Tauranga 17 January 2020 – R 2 – Chair, Mr A Godsalve

ID: JCA12715

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Ms C Burdan - Apprentice Rider

Other Person:
Mr N Harris - Apprentice Jockey Mentor

Information Number:
A11297

Hearing Type:
Hearing

New Charge:
Omitted gear when weighing out

Rules:
649(1)(a)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 17 January 2020

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2020/01/17

Race Number:
R2

Decision:

As Ms Burdan has admitted the breach the charge is proved.

Penalty:

The Committee imposed a fine of $150 on Ms Burdan.

Facts:

Following the running of Race 2, Mr Coles submitted an Information alleging that Apprentice Rider, Ms C Burdan 'omitted her breastplate, girth and surcingle when weighing out for ROC WHEELER'.

Ms Burdan, assisted by Apprentice Riders Mentor, Mr Noel Harris, was present at the hearing and acknowledged that:

   (a)  She understood the Rule, and that

   (b)  She admitted the breach

Rule 649(1)(a) states 'A Rider must not do or permit any wrongful act or omission with respect to weight or weighing'.

Mr Coles said that he was informed by the Scales Clerk that Ms Burdan had omitted to include her breastplate, girth and surcingle when weighing out for ROC WHEELER in the 2nd race of the day. He said that Stewards believed this was a genuine mistake and had been bought to the attention of Stewards by the trainer of ROC WHEELER when he was about to saddle up the horse.

Ms Burdan said she accepted that she had erred and that she had made up the weight with extra lead.

Mr Harris said that it was a mistake on Ms Burdan's part and that there was no intention to deceive as her own weight was not an issue.

Submissions for Penalty:

Mr Coles said that Ms Burdan had shown remorse and that Stewards accepted that it was a mistake on her part. He added that Ms Burdan had been a particuarly busy rider recently and was in demand as an Apprentice. He referred to 2 recent breaches where fines of $200 and $100 were imposed and suggested that a fine in that vicinity may be appropriate.

Mr Harris, for Ms Burdan asked that the Committee show some leniency towards Ms Burdan.

Reasons for Penalty:

The Committee accepted that this was an accidental error by Ms Burdan and that there was no intention on her part to deceive or gain any advantage.

We believed that a fine within the parameters of the recent matters referred to by Mr Coles would be an appropriate penalty.

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: 4db9848194b3bcd613de95f8c67f0fd4


informantnumber: A11297


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Omitted gear when weighing out


plea: admitted


penaltyrequired: 1


decisiondate: 20/01/2020


hearing_title: R Tauranga 17 January 2020 - R 2 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 2, Mr Coles submitted an Information alleging that Apprentice Rider, Ms C Burdan 'omitted her breastplate, girth and surcingle when weighing out for ROC WHEELER'.

Ms Burdan, assisted by Apprentice Riders Mentor, Mr Noel Harris, was present at the hearing and acknowledged that:

   (a)  She understood the Rule, and that

   (b)  She admitted the breach

Rule 649(1)(a) states 'A Rider must not do or permit any wrongful act or omission with respect to weight or weighing'.

Mr Coles said that he was informed by the Scales Clerk that Ms Burdan had omitted to include her breastplate, girth and surcingle when weighing out for ROC WHEELER in the 2nd race of the day. He said that Stewards believed this was a genuine mistake and had been bought to the attention of Stewards by the trainer of ROC WHEELER when he was about to saddle up the horse.

Ms Burdan said she accepted that she had erred and that she had made up the weight with extra lead.

Mr Harris said that it was a mistake on Ms Burdan's part and that there was no intention to deceive as her own weight was not an issue.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Burdan has admitted the breach the charge is proved.


sumissionsforpenalty:

Mr Coles said that Ms Burdan had shown remorse and that Stewards accepted that it was a mistake on her part. He added that Ms Burdan had been a particuarly busy rider recently and was in demand as an Apprentice. He referred to 2 recent breaches where fines of $200 and $100 were imposed and suggested that a fine in that vicinity may be appropriate.

Mr Harris, for Ms Burdan asked that the Committee show some leniency towards Ms Burdan.


reasonsforpenalty:

The Committee accepted that this was an accidental error by Ms Burdan and that there was no intention on her part to deceive or gain any advantage.

We believed that a fine within the parameters of the recent matters referred to by Mr Coles would be an appropriate penalty.


penalty:

The Committee imposed a fine of $150 on Ms Burdan.


hearing_type: Hearing


Rules: 649(1)(a)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Ms C Burdan - Apprentice Rider


Otherperson: Mr N Harris - Apprentice Jockey Mentor


PersonPresent:


Respondent:


StipendSteward:


raceid: 1ee68752e5f5d7de04c194b539bc1bb7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: b4893d1e79105a4f3614c8ad2f087221


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/01/2020


meet_title: Racing Tauranga - 17 January 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Racing Tauranga