Whangarei RC 12 August 2015 – R 5 – Chairman, Mr R Seabrook
ID: JCA14457
Code:
Thoroughbred
Meet Title:
Whangarei RC - 12 August 2015
Meet Chair:
RSeabrook
Race Date:
2015/08/12
Race Number:
R5
Decision:
As the breach was admitted we find the charge proved.
Penalty:
In assessing penalty and in addition to considering all the above facts the committee has referred to the JCA listings of penalties under this rule.
Accordingly Mr Chin is fined a sum of $450.
Facts:
Following race 5, The Fell Engineering 1200, an information was filed pursuant to rule 649 (1) (a). The informant alleged that Mr D Chin attempted to weigh out for the horse MUSCADET without a body protector.
The rule reads: a rider must not do or permit any wrongful act or omission with respect to weight or weighing.
Mr Williamson explained to the committee that prior to race 5 the clerk of the scales, Mr R Sanders, informed him that Mr Chin, rider of MUSCADET, had attempted to weigh out without a body protector. He said Mr Sanders then instructed Mr Chin to reweigh with a correct body protector. This resulted in Mr Chin weighing out at 51 kgs which was above his claimable weight.
Mr Chin said he had been waiting to borrow a protector from another rider as it was lighter than his own one. He said that in his hurry to weigh out he then forgot to include the body protector.
Mr Harris said Mr Chin was only on his second day of race riding in New Zealand and was very nervous although he had ridden in 100 races in Malaysia. Mr Harris said he had told Mr Chin to calm down and thought he had just overlooked the omission of the protector in his hurry.
Submissions for Penalty:
Mr Williamson said Mr Chin had not mentioned to the stewards anything about borrowing a protector when he was first questioned regarding the charge. He submitted that the stewards believed it was a deliberate act by Mr Chin to gain an advantage. He said that penalties for this offence in the past were all over the place but believed a fine of $500 would be appropriate in this case.
Neither Mr Chin nor Mr Harris had anything to add when asked for submissions on penalty.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions as presented. Mitigating factors are Mr Chin's admission of the breach and his inexperience, this being only his second day riding in NZ. However he had confirmed he understood his obligations under this rule when it was read out to him. In this case because of the language difficulties between the parties the committee is giving Mr Chin the benefit of the doubt as to whether the omission of the safety vest was a deliberate act or not. It was explained to Mr Chin the seriousness of his actions and the consequences that could have followed.
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: 85e709ec40ffb86fe2567ce6f01d822f
informantnumber: 7553
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Incorrect weigh out
plea: admitted
penaltyrequired: 1
decisiondate: 13/08/2015
hearing_title: Whangarei RC 12 August 2015 - R 5 - Chairman, Mr R Seabrook
charge:
facts:
Following race 5, The Fell Engineering 1200, an information was filed pursuant to rule 649 (1) (a). The informant alleged that Mr D Chin attempted to weigh out for the horse MUSCADET without a body protector.
The rule reads: a rider must not do or permit any wrongful act or omission with respect to weight or weighing.
Mr Williamson explained to the committee that prior to race 5 the clerk of the scales, Mr R Sanders, informed him that Mr Chin, rider of MUSCADET, had attempted to weigh out without a body protector. He said Mr Sanders then instructed Mr Chin to reweigh with a correct body protector. This resulted in Mr Chin weighing out at 51 kgs which was above his claimable weight.
Mr Chin said he had been waiting to borrow a protector from another rider as it was lighter than his own one. He said that in his hurry to weigh out he then forgot to include the body protector.
Mr Harris said Mr Chin was only on his second day of race riding in New Zealand and was very nervous although he had ridden in 100 races in Malaysia. Mr Harris said he had told Mr Chin to calm down and thought he had just overlooked the omission of the protector in his hurry.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Williamson said Mr Chin had not mentioned to the stewards anything about borrowing a protector when he was first questioned regarding the charge. He submitted that the stewards believed it was a deliberate act by Mr Chin to gain an advantage. He said that penalties for this offence in the past were all over the place but believed a fine of $500 would be appropriate in this case.
Neither Mr Chin nor Mr Harris had anything to add when asked for submissions on penalty.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions as presented. Mitigating factors are Mr Chin's admission of the breach and his inexperience, this being only his second day riding in NZ. However he had confirmed he understood his obligations under this rule when it was read out to him. In this case because of the language difficulties between the parties the committee is giving Mr Chin the benefit of the doubt as to whether the omission of the safety vest was a deliberate act or not. It was explained to Mr Chin the seriousness of his actions and the consequences that could have followed.
penalty:
In assessing penalty and in addition to considering all the above facts the committee has referred to the JCA listings of penalties under this rule.
Accordingly Mr Chin is fined a sum of $450.
hearing_type: Hearing
Rules: 649 (1) (a)
Informant: Mr M Willamson-Stipendiary Steward
JockeysandTrainer: Mr D Chin, apprentice rider of MUSCADET
Otherperson: Mr N Harris - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: e99aef1bce3c52fa586ff70c19c8e14f
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: 63b4b313d9b5e93d78750bfb64df0302
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/08/2015
meet_title: Whangarei RC - 12 August 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: RSeabrook
meet_pm1: none
meet_pm2: none
name: Whangarei RC