Archive Decision

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Canterbury JC 22 February 2019 – R 2, 3 and 5 – Chair, Mr S Ching

ID: JCA16895

Applicant:
M Davidson-Stipendiary Steward

Respondent(s):
D Turner-Class A Rider

Information Number:
A5746

Hearing Type:
Hearing

New Charge:
Alleged breach of Rule 330(3)(a)

Rules:
330(3)(a)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 22 February 2019

Meet Chair:
SChing

Meet Committee Member 1:
HWeston

Race Date:
2019/02/22

Race Number:
R2

Decision:

As Mr Turner had admitted the breach the charge was found to be proved.

Penalty:

Mr Turner was fined the sum of $200.

Facts:

Prior to the running of Race 1, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr D Turner, alleging that Mr Turner broke his riding engagements in Races 2, 3 and 5 without reasonable cause.

Rule 330(3)(a) reads as follows:

(3) A Rider shall not:

(a) wilfully or without reasonable cause break a riding engagement;

Mr Turner was available at the hearing via cell phone and confirmed to the Committee that he admitted the breach and that he understood the rule he was being charged with. Mr Turner also confirmed to the Committee that he was amenable to the hearing being heard via speaker phone link.

Mr Davidson stated that Mr Turner was declared on 3 mounts at rider declaration time on Wednesday, being two for the Parsons, LETSBRINGITON in Race 2 and DOUBT THAT in Race 3 and CORONITA for the Les & Richard Didham team. He said that Mr Turner's agent, Mr Neal, made contact with both parties on Wednesday evening stating that Mr Turner would not be attending the meeting. Mr Davidson said that Mr Turner's rides were published on the website and publications including the Informant and today’s race book. He added that the Racing Bureau were informed that Mr Turner would not be riding at the meeting on Wednesday evening with all riders replaced by 6.20am on Thursday morning.

Mr Turner stated that his agent had called Tuesday morning to inform him he had 3 rides at Riccarton on Friday. He said he went through the flights available from both Wellington and Palmerston North. Mr Turner stated that by the time he had sorted out funding, the suitable flights that would get him down to Christchurch and back in time for the Otaki meeting on the Saturday, were no longer available. He said the flights that were available would not have got him back in time for the meeting at Otaki.

Submissions for Penalty:

Mr Davidson said although Mr Turner did have difficulty obtaining suitable flights to get to the Riccarton meeting, he still had a commitment to the connections of all horses concerned. He stated that the JCA Penalty Guide provided a starting point of a $200 fine for a breach of this rule and submitted that a fine at that level be considered as penalty in this case.

Mr Turner elected to make no submissions on penalty.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a $200 fine for a breach of this rule, mitigation included. The Committee, after taking all factors into consideration, determined that there were no aggravating factors to consider so no uplift in penalty is warranted. We therefore determined that a $200 fine was an appropriate penalty.

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: af4c7e211586890943cdc71408b1027c


informantnumber: A5746


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Alleged breach of Rule 330(3)(a)


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2019


hearing_title: Canterbury JC 22 February 2019 - R 2, 3 and 5 - Chair, Mr S Ching


charge:


facts:

Prior to the running of Race 1, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr D Turner, alleging that Mr Turner broke his riding engagements in Races 2, 3 and 5 without reasonable cause.

Rule 330(3)(a) reads as follows:

(3) A Rider shall not:

(a) wilfully or without reasonable cause break a riding engagement;

Mr Turner was available at the hearing via cell phone and confirmed to the Committee that he admitted the breach and that he understood the rule he was being charged with. Mr Turner also confirmed to the Committee that he was amenable to the hearing being heard via speaker phone link.

Mr Davidson stated that Mr Turner was declared on 3 mounts at rider declaration time on Wednesday, being two for the Parsons, LETSBRINGITON in Race 2 and DOUBT THAT in Race 3 and CORONITA for the Les & Richard Didham team. He said that Mr Turner's agent, Mr Neal, made contact with both parties on Wednesday evening stating that Mr Turner would not be attending the meeting. Mr Davidson said that Mr Turner's rides were published on the website and publications including the Informant and today’s race book. He added that the Racing Bureau were informed that Mr Turner would not be riding at the meeting on Wednesday evening with all riders replaced by 6.20am on Thursday morning.

Mr Turner stated that his agent had called Tuesday morning to inform him he had 3 rides at Riccarton on Friday. He said he went through the flights available from both Wellington and Palmerston North. Mr Turner stated that by the time he had sorted out funding, the suitable flights that would get him down to Christchurch and back in time for the Otaki meeting on the Saturday, were no longer available. He said the flights that were available would not have got him back in time for the meeting at Otaki.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Turner had admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Davidson said although Mr Turner did have difficulty obtaining suitable flights to get to the Riccarton meeting, he still had a commitment to the connections of all horses concerned. He stated that the JCA Penalty Guide provided a starting point of a $200 fine for a breach of this rule and submitted that a fine at that level be considered as penalty in this case.

Mr Turner elected to make no submissions on penalty.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a $200 fine for a breach of this rule, mitigation included. The Committee, after taking all factors into consideration, determined that there were no aggravating factors to consider so no uplift in penalty is warranted. We therefore determined that a $200 fine was an appropriate penalty.


penalty:

Mr Turner was fined the sum of $200.


hearing_type: Hearing


Rules: 330(3)(a)


Informant: M Davidson-Stipendiary Steward


JockeysandTrainer: D Turner-Class A Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 73560890c42c0433293bcf65651e14d7


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: 57435035560cf84e63562982c877dd7e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/02/2019


meet_title: Canterbury JC - 22 February 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: HWeston


meet_pm2: none


name: Canterbury JC