Waipa RC 5 May 2014 – R 8
ID: JCA13735
Code:
Thoroughbred
Meet Title:
Waipa RC - 5 May 2014
Meet Chair:
ADooley
Race Date:
2014/05/05
Race Number:
R8
Decision:
As Mr Oliver admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr Oliver is fined the sum of $450.
Facts:
Following the running of race 8, Te Awamutu Carrier1400, an Information was filed pursuant to Rule 610(2)(a). The Informant, Mr Coles, alleged that Mr Oliver rode COPPER QUEEN in the race without wearing a body protector.
Mr Oliver acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr Oliver advised the Committee that he did not require any assistance at the hearing.
Rule 610(2) states: A Rider shall, when mounted on a horse, wear:
(a) a properly fastened body protector of a type and standard approved by NZTR, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states that it complies with the relevant type and standard approved by NZTR.
Mr Coles told the Committee Mr Oliver weighed in exactly 0.5kgs light. He said during the Stewards' investigation it was discovered Mr Oliver rode in the race without wearing a body protector. He said Mr Oliver had taken his vest off and forget to put it back on when mounting up for his ride.
Mr Coles said it was a genuine mistake on Mr Oliver’s part and he was not trying to gain an advantage. The Stewards weighed Mr Oliver’s vest once they found it in the jockey’s room and it weighed exactly 0.5kgs.
Mr Oatham advised that COPPER QUEEN fortunately finished in 10th place.
Mr Oliver confirmed that he weighed out with the body protector on. Mr Oliver told the Committee that he forgot to put his body protector back on after cleaning his gear and it was a genuine mistake.
Submissions for Penalty:
Mr Coles produced Mr Oliver’s record which showed no previous breach under this Rule. Mr Coles said there are very few breaches of this nature and submitted a fine in the range of $300 to $400 would be appropriate.
Mr Oliver said he agreed with the Stewards' submissions.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Oliver's admission of the breach and his clear record under this Rule. However, the significant aggravating fact is Mr Oliver rode in the race without wearing a body protector which is a serious safety concern. The Committee accepts it was a genuine mistake by Mr Oliver, albeit it a bad error of judgement which could have had more serious consequences.
The Committee referred to the JCA penalty guide which recommended a starting point of $800.
Before imposing penalty the Committee refereed to similar breaches under this Rule. The archive listing of penalties showed there was no precedent. The nearest breach identified three riders in the South Island who rode trackwork without wearing a body protector and incurred fines ranging from $300 to $375.
The Committee did have regard for the fact Mr Oliver is an apprentice rider and there was no intent on his part.
After taking into account all the above factors the Committee considers a fine of $450 is appropriate.
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: 5e47b8595adce77b525e11eeff660966
informantnumber: A4108
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to wear body protector
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2014
hearing_title: Waipa RC 5 May 2014 - R 8
charge:
facts:
Following the running of race 8, Te Awamutu Carrier1400, an Information was filed pursuant to Rule 610(2)(a). The Informant, Mr Coles, alleged that Mr Oliver rode COPPER QUEEN in the race without wearing a body protector.
Mr Oliver acknowledged that he understood the nature of the charge, the Rule and admitted the breach. Mr Oliver advised the Committee that he did not require any assistance at the hearing.
Rule 610(2) states: A Rider shall, when mounted on a horse, wear:
(a) a properly fastened body protector of a type and standard approved by NZTR, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states that it complies with the relevant type and standard approved by NZTR.
Mr Coles told the Committee Mr Oliver weighed in exactly 0.5kgs light. He said during the Stewards' investigation it was discovered Mr Oliver rode in the race without wearing a body protector. He said Mr Oliver had taken his vest off and forget to put it back on when mounting up for his ride.
Mr Coles said it was a genuine mistake on Mr Oliver’s part and he was not trying to gain an advantage. The Stewards weighed Mr Oliver’s vest once they found it in the jockey’s room and it weighed exactly 0.5kgs.
Mr Oatham advised that COPPER QUEEN fortunately finished in 10th place.
Mr Oliver confirmed that he weighed out with the body protector on. Mr Oliver told the Committee that he forgot to put his body protector back on after cleaning his gear and it was a genuine mistake.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Oliver admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Oliver’s record which showed no previous breach under this Rule. Mr Coles said there are very few breaches of this nature and submitted a fine in the range of $300 to $400 would be appropriate.
Mr Oliver said he agreed with the Stewards' submissions.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Oliver's admission of the breach and his clear record under this Rule. However, the significant aggravating fact is Mr Oliver rode in the race without wearing a body protector which is a serious safety concern. The Committee accepts it was a genuine mistake by Mr Oliver, albeit it a bad error of judgement which could have had more serious consequences.
The Committee referred to the JCA penalty guide which recommended a starting point of $800.
Before imposing penalty the Committee refereed to similar breaches under this Rule. The archive listing of penalties showed there was no precedent. The nearest breach identified three riders in the South Island who rode trackwork without wearing a body protector and incurred fines ranging from $300 to $375.
The Committee did have regard for the fact Mr Oliver is an apprentice rider and there was no intent on his part.
After taking into account all the above factors the Committee considers a fine of $450 is appropriate.
penalty:
Accordingly, Mr Oliver is fined the sum of $450.
hearing_type: Hearing
Rules: 610(2)(a)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr J Oliver - Licensed Apprentice Jockey
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: aeb0e482d0a2b7f5124a54c7cef0309a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ef7cf3a099e458cb0594005ca42c98f1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/05/2014
meet_title: Waipa RC - 5 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waipa-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Waipa RC