Archive Decision

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Whangarei RC 27 June 2015 – R 11 (request for a ruling)

ID: JCA12820

Stipend Steward:
Mr J Oatham - Senior Stipendiary Steward

Information Number:
A6909

Hearing Type:
Request Ruling

Rules:
Rules 918, 649(3) and 648(3)

Code:
Thoroughbred

Meet Title:
Whangarei RC - 27 June 2015

Meet Chair:
GJones

Meet Committee Member 1:
ADooley

Race Date:
2015/06/27

Race Number:
R11

Decision:

We authorised payment of dividends and stakes in accordance with our decision.

1st No 7 ZAFRENZY
2nd No 6 THE MIG
3rd No 3 PLAYBOY PRINCE
4th N0 10 EIGHT TO RULE

Facts:

Following the running of Race 11, the Cowleys Hire Centre 1600, Senior Stipendiary Steward Mr J Oatham filed an Information pursuant to Rule 918(1) seeking a ruling as to whether FINNS HALO weighed in, in excess of 0.5 kilograms under the weighed out weight.

Submissions for Decision:

At the commencement of the hearing Mr Oatham referred to the relevant rules. Those rules include the following:

Rule 649(3) provides:

(3) A Rider must not weigh-in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).

(4) An Owner or lessee (as the case may be), Trainer or other person for the time being in charge of a horse must not:

(a) do or permit any wrongful act or omission with respect to weight or weighing; or

(b) after the horse’s Rider has weighed out and before the horse races, remove or add any article of wearing apparel or riding or other gear with which the Rider did or did not weigh out as the case may be.

Rule 648(3) provides:

(3) If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.

Mr Oatham submitted that 4th placed FINNS HALO weighed in at the conclusion of the race under its carded weight of 59 kilo’s and was in excess of the 0.5kg allowance as provided for by Rule 648(3). Mr Oatham said this matter was identified at weigh in by the Clerk of the Scales and an investigation was immediately launched by Stewards. He said the amount underweight was slight at 0.55kg, but nevertheless outside the parameters allowed within the rule. The investigation concluded that a towel had omitted to be included when saddling FINNS HALO.

Ms Logan submitted the omission was as a result of an oversight by a stable employee. She expressed sincere and genuine remorse but accepted that it was her responsibility. She told the Committee that her stable presented 19 horses to race on this day and 3 in the last race. She said that she has saddled 100’s of runners and had never breached this rule.

After the facts were presented there was a consensus that the ruling was not contested and the circumstances were accepted. On that basis the Committee determined there was no requirement to hear any further submissions from others parties present.

Reasons for Decision:

Having carefully considered the submissions of the Informant; the non contest around the facts and the provisions of Rule 648(3) we disqualify FINNS HALO from 4th placing for weighing in more than the 0.5kg allowed under the 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: 5c73bde9cd9bb953030a45d5984f196f


informantnumber: A6909


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 28/06/2015


hearing_title: Whangarei RC 27 June 2015 - R 11 (request for a ruling)


charge:


facts:

Following the running of Race 11, the Cowleys Hire Centre 1600, Senior Stipendiary Steward Mr J Oatham filed an Information pursuant to Rule 918(1) seeking a ruling as to whether FINNS HALO weighed in, in excess of 0.5 kilograms under the weighed out weight.


appealdecision:


isappeal:


submissionsfordecision:

At the commencement of the hearing Mr Oatham referred to the relevant rules. Those rules include the following:

Rule 649(3) provides:

(3) A Rider must not weigh-in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).

(4) An Owner or lessee (as the case may be), Trainer or other person for the time being in charge of a horse must not:

(a) do or permit any wrongful act or omission with respect to weight or weighing; or

(b) after the horse’s Rider has weighed out and before the horse races, remove or add any article of wearing apparel or riding or other gear with which the Rider did or did not weigh out as the case may be.

Rule 648(3) provides:

(3) If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.

Mr Oatham submitted that 4th placed FINNS HALO weighed in at the conclusion of the race under its carded weight of 59 kilo’s and was in excess of the 0.5kg allowance as provided for by Rule 648(3). Mr Oatham said this matter was identified at weigh in by the Clerk of the Scales and an investigation was immediately launched by Stewards. He said the amount underweight was slight at 0.55kg, but nevertheless outside the parameters allowed within the rule. The investigation concluded that a towel had omitted to be included when saddling FINNS HALO.

Ms Logan submitted the omission was as a result of an oversight by a stable employee. She expressed sincere and genuine remorse but accepted that it was her responsibility. She told the Committee that her stable presented 19 horses to race on this day and 3 in the last race. She said that she has saddled 100’s of runners and had never breached this rule.

After the facts were presented there was a consensus that the ruling was not contested and the circumstances were accepted. On that basis the Committee determined there was no requirement to hear any further submissions from others parties present.


reasonsfordecision:

Having carefully considered the submissions of the Informant; the non contest around the facts and the provisions of Rule 648(3) we disqualify FINNS HALO from 4th placing for weighing in more than the 0.5kg allowed under the Rule.


Decision:

We authorised payment of dividends and stakes in accordance with our decision.

1st No 7 ZAFRENZY
2nd No 6 THE MIG
3rd No 3 PLAYBOY PRINCE
4th N0 10 EIGHT TO RULE


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Request Ruling


Rules: Rules 918, 649(3) and 648(3)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent: Mr J Oatham - Senior Stipendiary Steward, Mr M Williamson - Stipendiary Steward, Ms D Logan - Trainer of FINNS HALO, Mr R Norvell - Rider of FINNS HALO, Mr R Sanders - Clerk of the Scales


Respondent:


StipendSteward: Mr J Oatham - Senior Stipendiary Steward


raceid: bde77f8c6d519fb74cfa268e7d7b4011


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 11e24e3d50ae95e30a17834ab2d8b56b


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/06/2015


meet_title: Whangarei RC - 27 June 2015


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "312", "Total": "193.44", "kmprice": 193.44, "Approved": "on"}]


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: ADooley


meet_pm2: none


name: Whangarei RC