Archive Decision

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R Tauranga 23 March 2013 – R 5

ID: JCA14604

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mr D Turner - Rider Of SKYSOBLUE

Information Number:
4259

Hearing Type:
Hearing

Rules:
638(2)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 23 March 2013

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2013/03/23

Race Number:
R5

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Accordingly after taking all the above facts into account and in the interests of consistency we impose a fine of $200.

Charge:

Celebratory Gesture

Facts:

Following Race 5 an information was filed pursuant to rule 638(2).  The informant Mr Oatham alleged that Mr D Turner made a celebratory gesture prior to the winning post when riding SKYSOBLUE.

Submissions for Decision:

Mr Oatham demonstrated the video films pointing out to the committee Mr Turner reaching out with his hand just prior to the post.  The films clearly showed Mr Turner then raise his arm when right on the finishing line.

Mr Turner had nothing to say when asked.

Submissions for Penalty:

Mr Oatham said this was Mr Turner's first offence under this rule.  He submitted that Mr Turner had misjudged the distance to the post and if he had waited a stride longer he would have been in the clear.  However Mr Oatham said the breach was at the lower end and submitted a fine of $200 would be appropriate.

Mr Turner had nothing to add.

Reasons for Penalty:

The committee considered all the evidence and reviewed the video films. It was clear that Mr Turner did commence his celebratory gesture prior to the post. However we independently assess the breach to be at the low end of carelessness. The other mitigating factors are Mr Turner's admission of the breach and this was his first offence under this rule.

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: 98fbcec09af817a4df59bb788f5e214a


informantnumber: 4259


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 10/03/2013


hearing_title: R Tauranga 23 March 2013 - R 5


charge:

Celebratory Gesture


facts:

Following Race 5 an information was filed pursuant to rule 638(2).  The informant Mr Oatham alleged that Mr D Turner made a celebratory gesture prior to the winning post when riding SKYSOBLUE.


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham demonstrated the video films pointing out to the committee Mr Turner reaching out with his hand just prior to the post.  The films clearly showed Mr Turner then raise his arm when right on the finishing line.

Mr Turner had nothing to say when asked.


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham said this was Mr Turner's first offence under this rule.  He submitted that Mr Turner had misjudged the distance to the post and if he had waited a stride longer he would have been in the clear.  However Mr Oatham said the breach was at the lower end and submitted a fine of $200 would be appropriate.

Mr Turner had nothing to add.


reasonsforpenalty:

The committee considered all the evidence and reviewed the video films. It was clear that Mr Turner did commence his celebratory gesture prior to the post. However we independently assess the breach to be at the low end of carelessness. The other mitigating factors are Mr Turner's admission of the breach and this was his first offence under this rule.


penalty:

Accordingly after taking all the above facts into account and in the interests of consistency we impose a fine of $200.


hearing_type: Hearing


Rules: 638(2)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mr D Turner - Rider Of SKYSOBLUE


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: fa8e9f5fcdda7c19894856d6c8fc1f01


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: 18c79ef7a9c6da13cd161af687c86d09


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/03/2013


meet_title: Racing Tauranga - 23 March 2013


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "150", "Total": "93.0", "kmprice": 93.0, "Approved": "on"}]


meet_otherexp:


tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Racing Tauranga