Wanganui JC 02 October 2014 – R3
ID: JCA12892
Code:
Thoroughbred
Meet Title:
Wanganui JC - 2 October 2014
Meet Chair:
PWilliams
Meet Committee Member 1:
GBuchanan
Race Date:
2014/10/02
Race Number:
R3
Decision:
As Mr Turner admitted the breach the charge is found proved.
Penalty:
Mr Turner is fined $300.
Facts:
Prior to the running of race 3, the “Wanganui Greyhound Racing Club 1340”, Information A6763 was filed by Stipendiary Steward Mr N Goodwin under Rule 330 (3)(c). The Information stated “D Turner failed to make the carded weight for “Scarred”. Mr Turner, who was assisted by Licensed Trainer Mr K Gray, signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged.
Rule 330 (3)(c) states “A rider shall not ……fail to ride a horse at the weight at which it is handicapped to carry”.
A breach of Rule 330 (3)(c) is considered a breach of the Minor Infringement System – Rule 926.
Rule 926 (3) states “Where a Licensed Person… who is alleged to have committed a breach has already committed two or more breaches of the Rule in the period of 120 days immediately preceding and including the day the breach is committed, then the Stipendiary Steward…..shall proceed by filing an Information with the Judicial Committee in respect of that breach the normal manner contemplated in Rule 903”.
Submissions for Decision:
Mr Goodwin said he had been advised by the NZTR Racing Bureau earlier in the morning that Mr Turner was unable to make the weight - 54kg before considering any Apprentice Allowance - for “Scarred” in Race 3. He said a replacement rider – Ms K Chiong – had been found for the horse. Mr Goodwin said this was Mr Turner’s third breach of this Rule in the past 120 days – his most recent breaches being on 19 July 2014 at New Plymouth and 9 June 2014 at Otaki. He said Mr Turner’s published riding weight in the NZTR Calendar was 55kg to ensure the situation he was in today did not arise but was unsure whether Mr Turner or his employer, Mr Bourke, took the ride.
Mr Turner said he advised Mrs Duffy, the trainer of “Scarred”, at approximately 8.20am this morning that he could not make the weight and she contacted the Bureau. He said his boss – Licensed Trainer Mr P Bourke - had taken the ride. Mr Turner said the horse was accepted for Races 3 and 8 and after being scratched from Race 8 he was confirmed as its rider in Race 3.
Mr Gray said he strongly advised Mr Turner not to take any more rides under 55kgs as it was clear he could not ride any lighter than that. He also said Mr Bourke should be told not to take any rides on Mr Turner’s behalf below that weight.
Submissions for Penalty:
Mr Goodwin said it appeared Mr Turner had taken a gamble that he could make the weight for “Scarred” and was clearly unable to. He pointed out that the horse had the same weight in Race 8 - the Race it was scratched from - and had it started in that Race and not in Race 3 Mr Turner may have found himself in the same situation of not being able to make the weight. He said his record was not good – this being his third breach within the last 120 days – and a fine in excess of $200 was an appropriate penalty.
Mr Gray said Mr Turner was battling with his weight and asked the Committee for some leniency on this occasion. He added, however, that if a similar circumstance arose in the future then a more significant penalty should be imposed.
Reasons for Penalty:
The Committee has carefully considered the submissions put before it. It is fortunate the trainer of “Scarred” was able to find a suitable replacement rider for her horse at short notice. However, there are several aggravating factors that have been taken into account when deciding upon the penalty.
Firstly, this is Mr Turner’s third breach of the Rule in the last 120 days. Secondly, the Trainer of “Scarred” was not advised until approximately 8.20am today that he could not make the weight with the NZTR Bureau being advised soon after that. Further, given Mr Turner’s minimum riding weight is listed as 55kgs in the NZTR Calendar, he and his employer continue to take rides requiring him to ride at a weight below that. Mr Turner and Mr Bourke need to better manage their obligations to trainers who wish to engage Mr Turner to ride their horses or else Mr Turner will find himself breaching this Rule again. The Committee notes that Mr Turner is an Apprentice who currently can claim 2 kgs. Given he can’t ride under 55kgs, we question whether he should be taking any rides under 57kgs to ensure trainers who he rides for can get the maximum weight relief for their horse. Trainers who engage him to ride a horse with a carded weight under 57kg should be aware he currently won't be able to claim his full allowance.
After careful consideration the Committee, on this occasion, has decided a fine is 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: 656cfd990113f35465d8fdc2e6d8e8cf
informantnumber: A6763
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failure to make carded weight
plea: admitted
penaltyrequired: 1
decisiondate: 03/10/2014
hearing_title: Wanganui JC 02 October 2014 - R3
charge:
facts:
Prior to the running of race 3, the “Wanganui Greyhound Racing Club 1340”, Information A6763 was filed by Stipendiary Steward Mr N Goodwin under Rule 330 (3)(c). The Information stated “D Turner failed to make the carded weight for “Scarred”. Mr Turner, who was assisted by Licensed Trainer Mr K Gray, signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged.
Rule 330 (3)(c) states “A rider shall not ……fail to ride a horse at the weight at which it is handicapped to carry”.
A breach of Rule 330 (3)(c) is considered a breach of the Minor Infringement System – Rule 926.
Rule 926 (3) states “Where a Licensed Person… who is alleged to have committed a breach has already committed two or more breaches of the Rule in the period of 120 days immediately preceding and including the day the breach is committed, then the Stipendiary Steward…..shall proceed by filing an Information with the Judicial Committee in respect of that breach the normal manner contemplated in Rule 903”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Goodwin said he had been advised by the NZTR Racing Bureau earlier in the morning that Mr Turner was unable to make the weight - 54kg before considering any Apprentice Allowance - for “Scarred” in Race 3. He said a replacement rider – Ms K Chiong – had been found for the horse. Mr Goodwin said this was Mr Turner’s third breach of this Rule in the past 120 days – his most recent breaches being on 19 July 2014 at New Plymouth and 9 June 2014 at Otaki. He said Mr Turner’s published riding weight in the NZTR Calendar was 55kg to ensure the situation he was in today did not arise but was unsure whether Mr Turner or his employer, Mr Bourke, took the ride.
Mr Turner said he advised Mrs Duffy, the trainer of “Scarred”, at approximately 8.20am this morning that he could not make the weight and she contacted the Bureau. He said his boss – Licensed Trainer Mr P Bourke - had taken the ride. Mr Turner said the horse was accepted for Races 3 and 8 and after being scratched from Race 8 he was confirmed as its rider in Race 3.
Mr Gray said he strongly advised Mr Turner not to take any more rides under 55kgs as it was clear he could not ride any lighter than that. He also said Mr Bourke should be told not to take any rides on Mr Turner’s behalf below that weight.
reasonsfordecision:
Decision:
As Mr Turner admitted the breach the charge is found proved.
sumissionsforpenalty:
Mr Goodwin said it appeared Mr Turner had taken a gamble that he could make the weight for “Scarred” and was clearly unable to. He pointed out that the horse had the same weight in Race 8 - the Race it was scratched from - and had it started in that Race and not in Race 3 Mr Turner may have found himself in the same situation of not being able to make the weight. He said his record was not good – this being his third breach within the last 120 days – and a fine in excess of $200 was an appropriate penalty.
Mr Gray said Mr Turner was battling with his weight and asked the Committee for some leniency on this occasion. He added, however, that if a similar circumstance arose in the future then a more significant penalty should be imposed.
reasonsforpenalty:
The Committee has carefully considered the submissions put before it. It is fortunate the trainer of “Scarred” was able to find a suitable replacement rider for her horse at short notice. However, there are several aggravating factors that have been taken into account when deciding upon the penalty.
Firstly, this is Mr Turner’s third breach of the Rule in the last 120 days. Secondly, the Trainer of “Scarred” was not advised until approximately 8.20am today that he could not make the weight with the NZTR Bureau being advised soon after that. Further, given Mr Turner’s minimum riding weight is listed as 55kgs in the NZTR Calendar, he and his employer continue to take rides requiring him to ride at a weight below that. Mr Turner and Mr Bourke need to better manage their obligations to trainers who wish to engage Mr Turner to ride their horses or else Mr Turner will find himself breaching this Rule again. The Committee notes that Mr Turner is an Apprentice who currently can claim 2 kgs. Given he can’t ride under 55kgs, we question whether he should be taking any rides under 57kgs to ensure trainers who he rides for can get the maximum weight relief for their horse. Trainers who engage him to ride a horse with a carded weight under 57kg should be aware he currently won't be able to claim his full allowance.
After careful consideration the Committee, on this occasion, has decided a fine is an appropriate penalty.
penalty:
Mr Turner is fined $300.
hearing_type: Hearing
Rules: 330 (3)(c)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr D Turner - Licensed Apprentice Jockey
Otherperson: Mr K Gray - Licensed Trainer assisting Mr Turner
PersonPresent:
Respondent:
StipendSteward:
raceid: d3bc24759266a565034107f81f0ffe84
race_expapproval:
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race_noreport: 0
race_emailed1: 0
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race_title: R3
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meetid: 2bf128f76a9ddf444ca26329517974d4
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meetdate: 02/10/2014
meet_title: Wanganui JC - 2 October 2014
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name: Wanganui JC