Auckland RC 7 September 2013 – R 5 & R 7
ID: JCA13930
Code:
Thoroughbred
Meet Title:
Auckland RC - 7 September 2013
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2013/09/07
Race Number:
R5
Decision:
As Mr Ormsby admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a suspension on Mr Ormsby which will commence after racing on 7th September and conclude after racing on 29th September 2013 (4 days, end of jumping season) and in addition impose a $400 fine.
Charge:
Following race 5, Meadow Fresh Great Northern Hurdles and prior to Race 7 Rodd & Gunn Great Northern Steeplechase, an Information was filed pursuant to Rule 330(3)(c). The Informant, Mr Oatham, alleged that Mr Ormsby failed to make the handicapped weight for O'CONNER and RANGATIRA.
Mr Ormsby acknowledged that he understood the nature of the charge and the Rule.
Rule 330(3)(c) provides : A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
Facts:
This charge arises from Mr Ormsby failing to make the carded weight for his rides in race 5 & 7.
Mr Oatham advised the Committee that Mr Ormsby was engaged to ride O'CONNER (65kg) and RANGITARA (65kg). He said that despite Mr Ormsby having spent considerable time in the sauna he presented himself at the scales 1.75kgs above the carded weight of O'CONNER. He was permitted to take the ride on O’CONNER due to the status of the race and there being no other replacement rider available.
In relation to RANGATIRA in race 7, Mr Ormsby was replaced due to the availability of other suitable riders.
Mr Oatham further advised the Committee that this breach disadvantaged the connections of both horses and the betting public.
Mr Ormsby told the Committee that it was always his intention to ride RANGATIRA at 65kg but he only accepted the ride on O’CONNER after being told by the Racing Bureau there were no other riders available.
Submissions for Penalty:
Mr Oatham produced Mr Ormsby's record which showed 3 previous breaches under this Rule in this current jumping season. The most recent breach resulted in a fine of $500.
Mr Oatham submitted that Mr Ormsby was previously an Amateur rider who has always been challenged by his weight. He advised the Committee that this situation is unfortunate because there is a limited pool of jump riders available. He submitted that he contacted Mr Ormsby the previous evening and was assured by him that he would make the carded weight for his mounts. At that point Mr Ormsby stated he was only ¾ of a kg overweight.
Mr Oatham further submitted that the 2 races in question were both Prestige Jumping races. He submitted that the breach ought to be dealt with by the way of a 4 day suspension and a fine in the vicinity of $500. He advised the Committee that there are 4 Jumping meetings left in this current season.
He further added that Mr Ormsby did not attend the races at Paeroa on Monday because he was unwell when attempting to make the carded weight for his mounts.
Mr Oatham pointed out to Mr Ormsby that if he wishes to continue riding next season he has to sort out his weight problems as today’s breach can’t happen again.
Mr Ormsby submitted that he felt that a 4 day suspension was a significant penalty in its own right and he didn't agree with the Steward's submission that he should incur a fine in addition to a suspension.
Mr Ormsby also submitted that his income was derived from riding freelance track work.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The only mitigating factor is Mr Ormsby's admission of the breach.
The Committee is fully aware that Mr Ormsby has struggled with his weight this season. In this regard we note that he has previously breached this Rule 3 times in the current season. The 2 races involved are Prestige Jumping events and they represent due to their type the pinnacle of the year's jumping calendar. The Committee is disappointed that despite Mr Ormsby giving Mr Oatham an assurance the previous evening that he would make the carded weight he failed to do so by 1.75kgs after spending considerable time in the sauna. Mr Ormsby’s actions resulted in O CONNER having to carry 1.75kg above the carded weight as there were no replacement riders available. The connections of RANGATIRA were inconvenienced when having to find a replacement rider at short notice. We have assessed all of these factors as being aggravating features of this breach.
The Committee feels compelled to advise Mr Ormsby that in our assessment the breach is blatant and irresponsible. We note that both Prestige races carried a stake of $100,000.
We had regard for the fact that Jump riders have limited opportunities. However, in our view the aggravating factors were very significant in this case.
We referred to similar breaches for flat riders which showed that a 4 day suspension was an appropriate penalty.
After taking into account all the above factors we consider an appropriate penalty is a fine and a suspension.
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: 81e9105d7af6ab6036e63c80bcecfe34
informantnumber: A4294
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/09/2013
hearing_title: Auckland RC 7 September 2013 - R 5 & R 7
charge:
Following race 5, Meadow Fresh Great Northern Hurdles and prior to Race 7 Rodd & Gunn Great Northern Steeplechase, an Information was filed pursuant to Rule 330(3)(c). The Informant, Mr Oatham, alleged that Mr Ormsby failed to make the handicapped weight for O'CONNER and RANGATIRA.
Mr Ormsby acknowledged that he understood the nature of the charge and the Rule.
Rule 330(3)(c) provides : A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
facts:
This charge arises from Mr Ormsby failing to make the carded weight for his rides in race 5 & 7.
Mr Oatham advised the Committee that Mr Ormsby was engaged to ride O'CONNER (65kg) and RANGITARA (65kg). He said that despite Mr Ormsby having spent considerable time in the sauna he presented himself at the scales 1.75kgs above the carded weight of O'CONNER. He was permitted to take the ride on O’CONNER due to the status of the race and there being no other replacement rider available.
In relation to RANGATIRA in race 7, Mr Ormsby was replaced due to the availability of other suitable riders.
Mr Oatham further advised the Committee that this breach disadvantaged the connections of both horses and the betting public.
Mr Ormsby told the Committee that it was always his intention to ride RANGATIRA at 65kg but he only accepted the ride on O’CONNER after being told by the Racing Bureau there were no other riders available.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Ormsby admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Ormsby's record which showed 3 previous breaches under this Rule in this current jumping season. The most recent breach resulted in a fine of $500.
Mr Oatham submitted that Mr Ormsby was previously an Amateur rider who has always been challenged by his weight. He advised the Committee that this situation is unfortunate because there is a limited pool of jump riders available. He submitted that he contacted Mr Ormsby the previous evening and was assured by him that he would make the carded weight for his mounts. At that point Mr Ormsby stated he was only ¾ of a kg overweight.
Mr Oatham further submitted that the 2 races in question were both Prestige Jumping races. He submitted that the breach ought to be dealt with by the way of a 4 day suspension and a fine in the vicinity of $500. He advised the Committee that there are 4 Jumping meetings left in this current season.
He further added that Mr Ormsby did not attend the races at Paeroa on Monday because he was unwell when attempting to make the carded weight for his mounts.
Mr Oatham pointed out to Mr Ormsby that if he wishes to continue riding next season he has to sort out his weight problems as today’s breach can’t happen again.
Mr Ormsby submitted that he felt that a 4 day suspension was a significant penalty in its own right and he didn't agree with the Steward's submission that he should incur a fine in addition to a suspension.
Mr Ormsby also submitted that his income was derived from riding freelance track work.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The only mitigating factor is Mr Ormsby's admission of the breach.
The Committee is fully aware that Mr Ormsby has struggled with his weight this season. In this regard we note that he has previously breached this Rule 3 times in the current season. The 2 races involved are Prestige Jumping events and they represent due to their type the pinnacle of the year's jumping calendar. The Committee is disappointed that despite Mr Ormsby giving Mr Oatham an assurance the previous evening that he would make the carded weight he failed to do so by 1.75kgs after spending considerable time in the sauna. Mr Ormsby’s actions resulted in O CONNER having to carry 1.75kg above the carded weight as there were no replacement riders available. The connections of RANGATIRA were inconvenienced when having to find a replacement rider at short notice. We have assessed all of these factors as being aggravating features of this breach.
The Committee feels compelled to advise Mr Ormsby that in our assessment the breach is blatant and irresponsible. We note that both Prestige races carried a stake of $100,000.
We had regard for the fact that Jump riders have limited opportunities. However, in our view the aggravating factors were very significant in this case.
We referred to similar breaches for flat riders which showed that a 4 day suspension was an appropriate penalty.
After taking into account all the above factors we consider an appropriate penalty is a fine and a suspension.
penalty:
Accordingly, we impose a suspension on Mr Ormsby which will commence after racing on 7th September and conclude after racing on 29th September 2013 (4 days, end of jumping season) and in addition impose a $400 fine.
hearing_type: Hearing
Rules: 330(3)(c)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr P Ormsby - Class D Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4a97bf4887fca508c48696ebd47d7732
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0c119dcc915e451c6c3d8b5c2ec5450e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/09/2013
meet_title: Auckland RC - 7 September 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland RC