Hawkes Bay RI 31 August 2013 – R 1
ID: JCA12849
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 31 August 2013
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
TUtikere
Race Date:
2013/08/31
Race Number:
R 1
Decision:
As the charge was admitted it was found to be proved.
Penalty:
As declaration of riders for the Waikato meeting on 2 September had closed Mr Turner’s Apprentice Jockeys Licence was suspended from the conclusion of racing on 2 September up to and including racing on 7 October 2013.
Charge:
Alleged breach of Rule 649(1)(a)
Facts:
Following the running of Race 1, Information A3264 was filed with the judicial committee under Rule 649(1)(a). The information stated that Mr Turner weighed out for his ride on “Touche” when not wearing a body protector.
Mr Turner signed the information stating that he did admit the breach and he and Mr Clements said that they understood the rule.
Rule 649(1)(a) states:
A rider must not (a) do or permit any wrongful act or omission with respect to weight or weighing.
Submissions for Decision:
Mr Neal said that Mr Turner approached the Stipendiary Stewards prior to the first race and said that he could only claim 2.5kg of a 3kg claim on Touche. The Stewards accepted that he could ride at that weight.
Mr Turner then weighed out for his ride on Touche in race 1 at 57.5kg. Mr Neal said that Stipendiary Steward Mr Bateup then went into the jockeys' room and observed Mr Turner in a state of undress and enquired as to what he was doing. After some questioning Mr Turner told Mr Bateup that he had weighed out minus his body protector. Mr Turner was ordered to re-weigh and with his protector on was 58kg. Mr Neal said that the variance in the weight was due to Mr Turner not having his body protector on when he first weighed out.
Mr Turner, who was assisted at the hearing by Mr B Clements, said that Mr Neal’s summary of events was correct.
In response to Mr Neal’s submission, Mr Turner said that he was having trouble with his weight and that he had made a mistake.
In answer to a question from the committee Mr Turner said that he had deliberately left his protector off to get as light as possible. Mr Turner had nothing further to say. When invited to comment Mr Clements said that he could not say anything to assist Mr Turner as he had done it, he said he had made a mistake.
Submissions for Penalty:
Mr Neal said that this was the first time that Mr Turner had been charged under Rule 649(1)(a), but with respect to weight breaches he had fallen foul of judicial committees and had had numerous penalties imposed for failing to make contracted weights. He added that the day was a premier race day and that the horse Touche was a promising horse and that Mr Turner was obviously keen to make the weight. He said that notwithstanding that he had not breached the rule before today, that his record with regard to weight related offences was considered to be poor. Mr Neal advised the committee of the three most recent penalties imposed on Mr Turner for weight offences which included two suspensions. He added that there is a very clear pattern that Mr Turner was accepting rides when unable to make the weight and/or claim his full allowance.
The stewards' submission on penalty was that the offence was a deliberate act to try and make a weight that he could not do so legitimately and submitted that a suspension of between two to four weeks be imposed.
Mr Turner said that it was his first charge under the rule, that he was having trouble with his weight and that his boss takes most of his rides and that he has asked him not to accept anything under 55kg. Mr Turner and Mr Clements had no comment to make re the stewards' submission on penalty.
Reasons for Penalty:
The committee deemed the offence to be a serious breach of the rule, due to the fact that it was a deliberate attempt to deceive and it went to the heart of the weighing process and in racing parlance it is known as “cheating”.
In fixing quantum of penalty the committee took into account the admittance of the breach, however this was far outweighed by Mr Turner’s record regarding weight issues. Whilst this was his first charge under Rule 649(1)(a) the committee looked at the totality of his weight record and considered the breaches under Rule 330(3)(c) as relevant and a significant aggravating factor.
The JCA penalty guide for a breach of this nature states fact dependent.
Following due consideration of all matters pertaining to the charge, it was determined that Mr Turner be suspended for a period of five calendar weeks.
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: 604795fed51b469c411052564aadfe27
informantnumber: A3264
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/09/2013
hearing_title: Hawkes Bay RI 31 August 2013 - R 1
charge:
Alleged breach of Rule 649(1)(a)
facts:
Following the running of Race 1, Information A3264 was filed with the judicial committee under Rule 649(1)(a). The information stated that Mr Turner weighed out for his ride on “Touche” when not wearing a body protector.
Mr Turner signed the information stating that he did admit the breach and he and Mr Clements said that they understood the rule.
Rule 649(1)(a) states:
A rider must not (a) do or permit any wrongful act or omission with respect to weight or weighing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Neal said that Mr Turner approached the Stipendiary Stewards prior to the first race and said that he could only claim 2.5kg of a 3kg claim on Touche. The Stewards accepted that he could ride at that weight.
Mr Turner then weighed out for his ride on Touche in race 1 at 57.5kg. Mr Neal said that Stipendiary Steward Mr Bateup then went into the jockeys' room and observed Mr Turner in a state of undress and enquired as to what he was doing. After some questioning Mr Turner told Mr Bateup that he had weighed out minus his body protector. Mr Turner was ordered to re-weigh and with his protector on was 58kg. Mr Neal said that the variance in the weight was due to Mr Turner not having his body protector on when he first weighed out.
Mr Turner, who was assisted at the hearing by Mr B Clements, said that Mr Neal’s summary of events was correct.
In response to Mr Neal’s submission, Mr Turner said that he was having trouble with his weight and that he had made a mistake.
In answer to a question from the committee Mr Turner said that he had deliberately left his protector off to get as light as possible. Mr Turner had nothing further to say. When invited to comment Mr Clements said that he could not say anything to assist Mr Turner as he had done it, he said he had made a mistake.
reasonsfordecision:
Decision:
As the charge was admitted it was found to be proved.
sumissionsforpenalty:
Mr Neal said that this was the first time that Mr Turner had been charged under Rule 649(1)(a), but with respect to weight breaches he had fallen foul of judicial committees and had had numerous penalties imposed for failing to make contracted weights. He added that the day was a premier race day and that the horse Touche was a promising horse and that Mr Turner was obviously keen to make the weight. He said that notwithstanding that he had not breached the rule before today, that his record with regard to weight related offences was considered to be poor. Mr Neal advised the committee of the three most recent penalties imposed on Mr Turner for weight offences which included two suspensions. He added that there is a very clear pattern that Mr Turner was accepting rides when unable to make the weight and/or claim his full allowance.
The stewards' submission on penalty was that the offence was a deliberate act to try and make a weight that he could not do so legitimately and submitted that a suspension of between two to four weeks be imposed.
Mr Turner said that it was his first charge under the rule, that he was having trouble with his weight and that his boss takes most of his rides and that he has asked him not to accept anything under 55kg. Mr Turner and Mr Clements had no comment to make re the stewards' submission on penalty.
reasonsforpenalty:
The committee deemed the offence to be a serious breach of the rule, due to the fact that it was a deliberate attempt to deceive and it went to the heart of the weighing process and in racing parlance it is known as “cheating”.
In fixing quantum of penalty the committee took into account the admittance of the breach, however this was far outweighed by Mr Turner’s record regarding weight issues. Whilst this was his first charge under Rule 649(1)(a) the committee looked at the totality of his weight record and considered the breaches under Rule 330(3)(c) as relevant and a significant aggravating factor.
The JCA penalty guide for a breach of this nature states fact dependent.
Following due consideration of all matters pertaining to the charge, it was determined that Mr Turner be suspended for a period of five calendar weeks.
penalty:
As declaration of riders for the Waikato meeting on 2 September had closed Mr Turner’s Apprentice Jockeys Licence was suspended from the conclusion of racing on 2 September up to and including racing on 7 October 2013.
hearing_type: Hearing
Rules: 649(1)(a)
Informant: Mr R Neal - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr D Turner - Licensed Apprentice Jockey - assisted by Mr B Clements
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6928fae633feaf66e7d52c89db0da9fa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 60701bb47ef8b63a637167d35d6be734
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/08/2013
meet_title: Hawkes Bay RI - 31 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: TUtikere
meet_pm2: none
name: Hawkes Bay RI