Archive Decision

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Otaki-Maori RC 7 January 2019 – R 1 – Chair, Mr T Utikere

ID: JCA15941

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Ms Z Moki - Class B Rider

Information Number:
A12116

Hearing Type:
Hearing

New Charge:
Breaking a Riding Engagement

Rules:
330(3)(a)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otaki-Maori RC - 7 January 2019

Meet Chair:
TUtikere

Meet Committee Member 1:
TCastles

Race Date:
2019/01/07

Race Number:
R1

Decision:

As the charge was admitted, the Committee deemed the charge proved. 

Penalty:

Ms Moki is fined $150.

Facts:

Following the running of Race 1 (GARDNER HOMES 1200), Information A12116 was filed with the Judicial Committee. It alleged a breach of Rule 330(3)(a) by Class B Rider Z Moki in that she “broke a riding engagement for WHOZTHEBOSS without reasonable cause".

Rule 330(3) states: "A rider shall not: (a) wilfully or without reasonable cause break a riding engagement;”

Ms Moki had admitted the breach and endorsed the signed Information with “I do not wish to be present at the hearing of this information”.

Mr Oatham advised that Ms Moki had contacted the Stipendiary Steward as soon as she had realised she was not going to be on course in time for her ride in the first race. She had explained to him that she had made an honest mistake with her timing, and had no excuse to make. Ms Moki had been replaced by Ms Hemi, so while another apprentice was unable to be engaged, the horse was still able to start and the trainer (Mr Patterson) was comfortable with that. As soon as Ms Moki had realised her mistake, she also travelled straight to the course, even though her next ride was some races later.

Submissions for Penalty:

Mr Oatham advised that while the situation was far from ideal, Ms Moki had a clear record under the rule and submitted a $150 fine as appropriate.

As Ms Moki had elected not to attend the hearing, no submissions on penalty on her behalf were available to the Committee. 

Reasons for Penalty:

The JCA Penalty Guidelines identify a $200 fine starting point for a breach of this rule, which we adopt. While there is a lot of racing on at this time of the year, it may be understandable that Ms Moki has made an honest mistake. It is also fortunate that the connections of WHOZTHEBOSS had been able to secure an alternative rider for the first race of the day.

In mitigation we consider Ms Moki’s admission of the breach and her record, and apply a modest discount.

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: a3db285466a5b2b52e1d1d7ecf03a048


informantnumber: A12116


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breaking a Riding Engagement


plea: admitted


penaltyrequired: 1


decisiondate: 07/01/2019


hearing_title: Otaki-Maori RC 7 January 2019 - R 1 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 1 (GARDNER HOMES 1200), Information A12116 was filed with the Judicial Committee. It alleged a breach of Rule 330(3)(a) by Class B Rider Z Moki in that she “broke a riding engagement for WHOZTHEBOSS without reasonable cause".

Rule 330(3) states: "A rider shall not: (a) wilfully or without reasonable cause break a riding engagement;”

Ms Moki had admitted the breach and endorsed the signed Information with “I do not wish to be present at the hearing of this information”.

Mr Oatham advised that Ms Moki had contacted the Stipendiary Steward as soon as she had realised she was not going to be on course in time for her ride in the first race. She had explained to him that she had made an honest mistake with her timing, and had no excuse to make. Ms Moki had been replaced by Ms Hemi, so while another apprentice was unable to be engaged, the horse was still able to start and the trainer (Mr Patterson) was comfortable with that. As soon as Ms Moki had realised her mistake, she also travelled straight to the course, even though her next ride was some races later.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the Committee deemed the charge proved. 


sumissionsforpenalty:

Mr Oatham advised that while the situation was far from ideal, Ms Moki had a clear record under the rule and submitted a $150 fine as appropriate.

As Ms Moki had elected not to attend the hearing, no submissions on penalty on her behalf were available to the Committee. 


reasonsforpenalty:

The JCA Penalty Guidelines identify a $200 fine starting point for a breach of this rule, which we adopt. While there is a lot of racing on at this time of the year, it may be understandable that Ms Moki has made an honest mistake. It is also fortunate that the connections of WHOZTHEBOSS had been able to secure an alternative rider for the first race of the day.

In mitigation we consider Ms Moki’s admission of the breach and her record, and apply a modest discount.


penalty:

Ms Moki is fined $150.


hearing_type: Hearing


Rules: 330(3)(a)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Ms Z Moki - Class B Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 88b7ae8c2a7bdbc61205df46f39a50a4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9c467d85eb90447b1b6f7471b4c0aa01


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/01/2019


meet_title: Otaki-Maori RC - 7 January 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otaki-maori-rc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: TCastles


meet_pm2: none


name: Otaki-Maori RC