Pakuranga HC 4 October 2020 – R 2 – Chair, Mr G Jones
ID: JCA16570
Code:
Thoroughbred
Meet Title:
Pakuranga HC - 4 October 2020
Meet Chair:
GJones
Meet Committee Member 1:
ASmith
Race Date:
2020/10/04
Race Number:
R2
Decision:
As Ms Moki admitted the breach the Committee found the charge proved.
Penalty:
Ms Moki is suspended from the conclusion of racing on 4 October 2020 up to and including the end of racing on 1 November 2020 (3 national day including Jumps races). Further, we impose a $250 fine.
Facts:
Prior to the running of Race 2, the Pakuranga Hunt Landowners Hurdle, the Informant, Mr Oatham filed an Information pursuant to Rule 649 (1)(a) alleging that Class D rider Ms Moki attempted to weigh out without her body protector.
Ms Moki was present at the hearing and she confirmed her admission of the breach. At her request the nature of the charge was explained to her.
Rule 649(1)(a) provides that:
(1) A Rider must not:
(a) do or permit any wrongful act or omission with respect to weight or weighing;
Mr Oatham advised the Committee that when Ms Moki presented to weigh out prior to Race 2, the Clerk of the Scales noticed that she was not wearing her protector vest. He said that she was also 2.5 kg above the carded weight for her mount KEEPELLA HEIGHTS (66 kg).
Mr Oatham advised that when riders weigh out with their body protector vest, a 1kg allowance is made for the weight of the protector. He added that Ms Moki has not ridden in races this season as she has struggled with weight control. In this regard Stewards have been assisting her.
Mr Oatham said that her weight was checked by Stewards at the Te Rapa race meeting on 1 October 2020 and she was cleared to take rides at today’s meeting.
Due to her being unable to make the contracted weight for her mount, it was ridden in the race by replacement rider Mr S Karnicnik.
In response Ms Moki said that her failure to present without wearing her body protector was a genuine mistake on her part. She said that she had to borrow a light weight protector from another rider and when weighing out she was stressed and forgot to wear it. She accepts she should have been better prepared.
Submissions for Penalty:
Mr Oatham said breaches of this rule are fact dependent and precedent penalties vary greatly from fines between $150 to a 5-week suspension. He said that Stewards were seeking to have the matter dealt with by way of a combined fine and suspension. This was primarily due to the fact that Ms Moki has not ridden in races so far this season and there are only 3 race meetings left for Jumps riders on the racing calendar this season.
In response Ms Moki submitted that the final Jumps meeting for the season on 1 November 2020 is for Jumps riders only and it was possible she could pick up several rides on that day. She said there are limited riding opportunities available for Jumps riders. She added that Stewards have been very supportive in helping to reduce her weight and she confirmed she has had no race day mounts this season.
Reasons for Penalty:
Given that breaches of this rule are fact dependent the Committee is required to weigh up the various case specific factors. This includes giving due consideration to Ms Moki’s culpability and her personal circumstances. The Committee considered the submissions and for consistency took some guidance from previous penalties for similar breaches. These historically have tended to vary considerably from modest fines through to lengthy (5 week) suspensions.
On the evidence, which was not challenged or disputed, the Committee accepts Ms Moki’s omission to weigh out without her protective vest was more likely than not to have been a mistake as opposed to a deliberate attempt on her part to mislead or deceive. This is due to the fact she was already 2.5 kg over her carded weight and the protector she was proposing to wear, we were told, was about 300 gms and therefore well within the allowable 1 kg which is applied for vests.
As a consequence of being 2.5 kg over her contracted weight Ms Moki was fine $100 via Minor Infringement Notice. Under the circumstance we apply no credit for her admission of the breach. As Ms Moki has not ridden so far this season, and with only 3 meetings available until the end of the jumping season, we have no confidence that she would necessarily be able to make weight to ride at those meetings. Therefore, the imposition of a suspension alone may not be reflective of a meaningful penalty.
Accordingly, given the circumstances we determined that a suspension combined with a fine is an appropriate penalty in this case.
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: c76167c4dccca18fcfc41bc44eeb8fcd
informantnumber: A13419
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Attempt to weigh out without body protector
plea: admitted
penaltyrequired: 1
decisiondate: 05/10/2020
hearing_title: Pakuranga HC 4 October 2020 – R 2 – Chair, Mr G Jones
charge:
facts:
Prior to the running of Race 2, the Pakuranga Hunt Landowners Hurdle, the Informant, Mr Oatham filed an Information pursuant to Rule 649 (1)(a) alleging that Class D rider Ms Moki attempted to weigh out without her body protector.
Ms Moki was present at the hearing and she confirmed her admission of the breach. At her request the nature of the charge was explained to her.
Rule 649(1)(a) provides that:
(1) A Rider must not:
(a) do or permit any wrongful act or omission with respect to weight or weighing;
Mr Oatham advised the Committee that when Ms Moki presented to weigh out prior to Race 2, the Clerk of the Scales noticed that she was not wearing her protector vest. He said that she was also 2.5 kg above the carded weight for her mount KEEPELLA HEIGHTS (66 kg).
Mr Oatham advised that when riders weigh out with their body protector vest, a 1kg allowance is made for the weight of the protector. He added that Ms Moki has not ridden in races this season as she has struggled with weight control. In this regard Stewards have been assisting her.
Mr Oatham said that her weight was checked by Stewards at the Te Rapa race meeting on 1 October 2020 and she was cleared to take rides at today’s meeting.
Due to her being unable to make the contracted weight for her mount, it was ridden in the race by replacement rider Mr S Karnicnik.
In response Ms Moki said that her failure to present without wearing her body protector was a genuine mistake on her part. She said that she had to borrow a light weight protector from another rider and when weighing out she was stressed and forgot to wear it. She accepts she should have been better prepared.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Moki admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said breaches of this rule are fact dependent and precedent penalties vary greatly from fines between $150 to a 5-week suspension. He said that Stewards were seeking to have the matter dealt with by way of a combined fine and suspension. This was primarily due to the fact that Ms Moki has not ridden in races so far this season and there are only 3 race meetings left for Jumps riders on the racing calendar this season.
In response Ms Moki submitted that the final Jumps meeting for the season on 1 November 2020 is for Jumps riders only and it was possible she could pick up several rides on that day. She said there are limited riding opportunities available for Jumps riders. She added that Stewards have been very supportive in helping to reduce her weight and she confirmed she has had no race day mounts this season.
reasonsforpenalty:
Given that breaches of this rule are fact dependent the Committee is required to weigh up the various case specific factors. This includes giving due consideration to Ms Moki’s culpability and her personal circumstances. The Committee considered the submissions and for consistency took some guidance from previous penalties for similar breaches. These historically have tended to vary considerably from modest fines through to lengthy (5 week) suspensions.
On the evidence, which was not challenged or disputed, the Committee accepts Ms Moki’s omission to weigh out without her protective vest was more likely than not to have been a mistake as opposed to a deliberate attempt on her part to mislead or deceive. This is due to the fact she was already 2.5 kg over her carded weight and the protector she was proposing to wear, we were told, was about 300 gms and therefore well within the allowable 1 kg which is applied for vests.
As a consequence of being 2.5 kg over her contracted weight Ms Moki was fine $100 via Minor Infringement Notice. Under the circumstance we apply no credit for her admission of the breach. As Ms Moki has not ridden so far this season, and with only 3 meetings available until the end of the jumping season, we have no confidence that she would necessarily be able to make weight to ride at those meetings. Therefore, the imposition of a suspension alone may not be reflective of a meaningful penalty.
Accordingly, given the circumstances we determined that a suspension combined with a fine is an appropriate penalty in this case.
penalty:
Ms Moki is suspended from the conclusion of racing on 4 October 2020 up to and including the end of racing on 1 November 2020 (3 national day including Jumps races). Further, we impose a $250 fine.
hearing_type: Hearing
Rules: Rule 649(1)(a)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Ms T Moki - Class D Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 56df195d79bdba4ce55d2e11eaa7036d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a346c672c30da9810726169c44e1fc4a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/10/2020
meet_title: Pakuranga HC - 4 October 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: pakuranga-hc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: ASmith
meet_pm2: none
name: Pakuranga HC