Whangarei RC 14 August 2013 – R 4
ID: JCA16630
Code:
Thoroughbred
Meet Title:
Whangarei RC - 14 August 2013
Meet Chair:
ADooley
Race Date:
2013/08/14
Race Number:
R4
Decision:
As Miss Wenn admitted the breach we find the charge proved.
Penalty:
Accordingly, I impose a suspension on Miss Wenn which will commence after racing on 15 August and conclude after racing on 24 August 2013 (5 days).
Charge:
Following race 4, More FM Northland Saturday Sports Desk, an Information was filed pursuant to Rule 649(3). The Informant, Mr Oatham, alleged that Apprentice Rider, Miss Wenn, weighed in at 1kg less than the proper weight to be carried by her mount KEENTORULE.
Miss Wenn acknowledged that she understood the nature of the charge and the Rule.
Rule 649(3) provides “A Rider must not weigh-in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).”
Facts:
Miss Wenn admitted the breach and was assisted at the hearing by Mr A Peard.
Mr Oatham informed the Committee that the Clerk of Scales had informed him that Miss Wenn weighed in 1.1kg light when placed 4th on KEENTORULE.
Mr Oatham advised the Committee that KEENTORULE's carded weight was 58.5kg and received a 4kg allowance, reducing the weight to 54.5kg. He said the 1kg permitted for her body protector raised the weight to 55.5kg. He confirmed that Miss Wenn on returning to the scales after the Race weighed in at 54.4kg which meant she was 1.1 kg underweight.
Mr Oatham advised the Hearing that an investigation took place after Miss Wenn had weighed in light. He said Miss Wenn's gear had not been altered and it appeared that she weighed out at the incorrect weight of 54.5kg.
Mr Oatham called the Clerk of Scales, Mr Stewart, as a witness. He informed the Hearing that he was working with a new set of scales today. Mr Stewart conceded that he may have made a mistake and missed Miss Wenn weighing out at 54.5kg instead of the correct weight of 55.5kg.
Mr Stewart did produce his records for Race 4 which showed that he had ticked off all the Riders' weights as being correct and accordingly signed them off.
Miss Wenn told the Committee that there was no reason for her to change her gear. She confirmed that after weighing out she presented her gear to Mr Peard and at no stage did she leave her gear unattended.
Mr Peard stated that the sole blame could not be placed on Miss Wenn. Mr Peard added that he firmly believed that Mr Stewart had an obligation to advise Miss Wenn if she did weigh out at the incorrect weight.
Submissions for Penalty:
Mr Oatham produced Miss Wenn's record which showed no breaches of this Rule. He said Miss Wenn has admitted the breach and is a promising young jockey who has ridden in approximately 30 tote races. He said today's incident was unfortunate but emphasised that under the Rules riders are responsible for ensuring their own weight is correct. He said that it was fortunate that KEENTORULE did not finish in a higher placing and advised the Committee the stake money involved for running 4th was $400.
Mr Oatham submitted that there were limited precedents for this type of breach. He said previous breaches ranged from $300 fines up to 3 weeks suspension depending on the aggravating features. He noted that it was a difficult charge but did highlight there needed to be a deterrent for riders to be aware of their correct weight when weighing out. He submitted that an appropriate penalty would be 2 weeks suspension.
Mr Oatham submitted that Miss Wenn would have to also forfeit her riding fee.
Mr Peard submitted that today's incident was unusual and believed that a 2 week suspension was too harsh and asked for some discount due to the evidence presented.
Miss Wenn advised that she had commitments at Hawera on August 15 and that any period of suspension could commence after that. She confirmed that she rode in the North Island.
Miss Wenn did acknowledged that this incident will ensure in the future that she weighs out at the correct weight.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Miss Wenn's admission of the breach, her clear record in relation to this Rule, her inexperience as an Apprentice Rider, genuine remorse shown at the hearing and there was no intent to deceive officials. The aggravating factors, the Rule is clear that the responsibility lies with the Rider to ensure they weigh out at the correct weight, the betting public who had invested on a first four result lost their money along with connections of KEENTORULE.
I have read Rule 331 (2) which confirms that Miss Wenn will have to forfeit her riding fee.
I am satisfied that Rule 618(1) (b) does state that it is the Rider’s responsibility to weigh out at the correct weight.
When determining penalty I had regard for Miss Wenn's inexperience as an Apprentice Rider. I also had some sympathy for Miss Wenn regarding the evidence that was presented at the Hearing.
I referred to the JCA penalty listing sheet for similar breaches in the interest of consistency. The most similar breach to today’s incident occurred at Te Rapa last year and attracted a 5 day suspension.
I note in the JCA penalty sheet records that the 3 week suspension referred to by Mr Oatham for a similar breach in the South Island in 2010 equated to 5 days.
After taking into account all the above factors I consider an appropriate penalty is a 5 day 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: ce6d3372d4fec8170d882b64f34fd639
informantnumber: A4285
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/08/2013
hearing_title: Whangarei RC 14 August 2013 - R 4
charge:
Following race 4, More FM Northland Saturday Sports Desk, an Information was filed pursuant to Rule 649(3). The Informant, Mr Oatham, alleged that Apprentice Rider, Miss Wenn, weighed in at 1kg less than the proper weight to be carried by her mount KEENTORULE.
Miss Wenn acknowledged that she understood the nature of the charge and the Rule.
Rule 649(3) provides “A Rider must not weigh-in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).”
facts:
Miss Wenn admitted the breach and was assisted at the hearing by Mr A Peard.
Mr Oatham informed the Committee that the Clerk of Scales had informed him that Miss Wenn weighed in 1.1kg light when placed 4th on KEENTORULE.
Mr Oatham advised the Committee that KEENTORULE's carded weight was 58.5kg and received a 4kg allowance, reducing the weight to 54.5kg. He said the 1kg permitted for her body protector raised the weight to 55.5kg. He confirmed that Miss Wenn on returning to the scales after the Race weighed in at 54.4kg which meant she was 1.1 kg underweight.
Mr Oatham advised the Hearing that an investigation took place after Miss Wenn had weighed in light. He said Miss Wenn's gear had not been altered and it appeared that she weighed out at the incorrect weight of 54.5kg.
Mr Oatham called the Clerk of Scales, Mr Stewart, as a witness. He informed the Hearing that he was working with a new set of scales today. Mr Stewart conceded that he may have made a mistake and missed Miss Wenn weighing out at 54.5kg instead of the correct weight of 55.5kg.
Mr Stewart did produce his records for Race 4 which showed that he had ticked off all the Riders' weights as being correct and accordingly signed them off.
Miss Wenn told the Committee that there was no reason for her to change her gear. She confirmed that after weighing out she presented her gear to Mr Peard and at no stage did she leave her gear unattended.
Mr Peard stated that the sole blame could not be placed on Miss Wenn. Mr Peard added that he firmly believed that Mr Stewart had an obligation to advise Miss Wenn if she did weigh out at the incorrect weight.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Wenn admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Miss Wenn's record which showed no breaches of this Rule. He said Miss Wenn has admitted the breach and is a promising young jockey who has ridden in approximately 30 tote races. He said today's incident was unfortunate but emphasised that under the Rules riders are responsible for ensuring their own weight is correct. He said that it was fortunate that KEENTORULE did not finish in a higher placing and advised the Committee the stake money involved for running 4th was $400.
Mr Oatham submitted that there were limited precedents for this type of breach. He said previous breaches ranged from $300 fines up to 3 weeks suspension depending on the aggravating features. He noted that it was a difficult charge but did highlight there needed to be a deterrent for riders to be aware of their correct weight when weighing out. He submitted that an appropriate penalty would be 2 weeks suspension.
Mr Oatham submitted that Miss Wenn would have to also forfeit her riding fee.
Mr Peard submitted that today's incident was unusual and believed that a 2 week suspension was too harsh and asked for some discount due to the evidence presented.
Miss Wenn advised that she had commitments at Hawera on August 15 and that any period of suspension could commence after that. She confirmed that she rode in the North Island.
Miss Wenn did acknowledged that this incident will ensure in the future that she weighs out at the correct weight.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Miss Wenn's admission of the breach, her clear record in relation to this Rule, her inexperience as an Apprentice Rider, genuine remorse shown at the hearing and there was no intent to deceive officials. The aggravating factors, the Rule is clear that the responsibility lies with the Rider to ensure they weigh out at the correct weight, the betting public who had invested on a first four result lost their money along with connections of KEENTORULE.
I have read Rule 331 (2) which confirms that Miss Wenn will have to forfeit her riding fee.
I am satisfied that Rule 618(1) (b) does state that it is the Rider’s responsibility to weigh out at the correct weight.
When determining penalty I had regard for Miss Wenn's inexperience as an Apprentice Rider. I also had some sympathy for Miss Wenn regarding the evidence that was presented at the Hearing.
I referred to the JCA penalty listing sheet for similar breaches in the interest of consistency. The most similar breach to today’s incident occurred at Te Rapa last year and attracted a 5 day suspension.
I note in the JCA penalty sheet records that the 3 week suspension referred to by Mr Oatham for a similar breach in the South Island in 2010 equated to 5 days.
After taking into account all the above factors I consider an appropriate penalty is a 5 day suspension.
penalty:
Accordingly, I impose a suspension on Miss Wenn which will commence after racing on 15 August and conclude after racing on 24 August 2013 (5 days).
hearing_type: Hearing
Rules: 649(3)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Miss T Wenn - Class B Rider
Otherperson: Mr A Peard - Licensed Trainer assisting Miss Wenn
PersonPresent:
Respondent:
StipendSteward:
raceid: e939362233db09c4a542fa77106e5792
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
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meetdate: 14/08/2013
meet_title: Whangarei RC - 14 August 2013
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meet_racingtype: thoroughbred-racing
meet_chair: ADooley
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name: Whangarei RC