R Tauranga 20 April 2013 – R 5
ID: JCA17141
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 20 April 2013
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2013/04/20
Race Number:
R5
Decision:
Accordingly, for the reasons stated above, we find the charge against Mr Turner proved.
Penalty:
Accordingly we impose a $300 fine on Mr P Turner.
Charge:
Misconduct
Facts:
Following race 5, Gartshore Construction 1400, an information was filed pursuant to Rule 340.The informant, Mr Williamson alleged Mr P Turner attempted to weigh out for the horse (READY STEADY) without his body protector.
Mr Williamson read the rule and Mr Turner acknowledged he understood the rule and the nature of the charge.
Rule 340 States: A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.
Prior to the commencement of the hearing the Committee recommended to Mr Turner that he should have a senior License Holder present because this was a reasonably serious charge. The Committee granted a brief adjournment to allow Mr Turner to find a suitable person.
Submissions for Decision:
Mr Williamson told the Committee that Mr Saunders, Clerk of Scales, had informed him that Mr Turner tried to weigh out omitting his body protector. He said Mr Saunders asked him to return to weigh in with his body protector on. He submitted it was the Steward's view that Mr Turner attempted to deceive officials by weighing without his body protector. He told us Mr Turner was engaged to ride Ready Steady at 55kg and was entitled to claim 1kg as an apprentice allowance. He said this was at the very bottom of Mr Turner's riding weight. He believed Mr Turner tried to gain an advantage by not wearing his body protector.
Mr Williamson called Mr Saunders as a witness. Mr Saunders told the Committee that Mr Turner weighed out a tick over 55 kilos. He confirmed Mr Turner was entitled to claim 1kg. However, he noticed that Mr Turner was not wearing his body protector when being weighed. Mr Turner then informed Mr Saunders that he forgot to wear it. Mr Saunders told Mr Turner to get his body protector and when he was re weighed only claimed 0.5kg.
In response to a question from the Committee, Mr Saunders informed us that Mr Turner presented himself to weigh wearing the correct colours and they were zipped up. He said he noticed Mr Turner was not wearing his body protector by visual sight and his personal experience on the job.
Mr Turner told the Committee that he advised Mr Scott the trainer of Ready Steady on the morning of the race that he would only claim 0.5kg. Mr Scott acknowledged that it would be ok. He said he did not have a little saddle and borrowed Mr Hutchings saddle to ride as light as possible. He conceded that he normally doesn't ride at 54kg. He further admitted to loaning out his body protector to Mr Hutchings for race 4 and was rushing around to arrange his gear for race 5. He said it was an honest mistake and it slipped his mind when he presented himself to the Clerk of Scales minus a body protector. He confirmed he weighed out at 54.5kg.
Mr Phelan when asked had nothing to submit that was relevant to the charge.
Mr Williamson in summing up said it was incumbent on jockeys to present at the scales in a professional manner. He reminded the Committee that the 54kg is at the extreme bottom weight scale for Mr Turner. He said there is a 1kg allowance permitted to compensate for a body protector. He believed Mr Turner committed a deliberate act to deceive officials.
In response to a question from the Committee, Mr Turner said he did not attempt to deceive officials it was an honest mistake.
Reasons for Decision:
The Committee carefully listened to and spent some time analysing the evidence presented. We don't believe we need to establish that there was any degree of intent on Mr Turner's part. We find the ingredients of the charge were established by the evidence of Mr Saunders when he stated that he discovered Mr Turner had presented himself to weigh out not wearing his body protector. Evidence that Mr Turner was attempting to weigh out for this particular race at his lowest possible riding weight was presented to the Committee. We took the view this was a significant aggravating factor that led the Committee to find the charge proved. Mr Turner by his own admission conceded he doesn't normally ride under 55kg.
Submissions for Penalty:
Mr Williamson informed the Committee Mr Turner had a clear record under this rule. He said the Stewards believed that Mr Turner weighed out minus his body protector intentionally to gain an advantage. He noted that Mr Turner said he “forgot”. Mr Williamson submitted it was critical the weighing out process was ‘kept a tight ship”. He said the Clerk of Scales does a good job when jockeys attempt to gain an advantage. In summing up he said Mr Turner was charged under rule 340 because he believed Mr Turner was trying to deceive the Clerk of Scales. He submitted an appropriate penalty would be a $300 fine.
Mr Turner reminded the Committee that he did re weigh when asked to by the Clerk of Scales. He said he would accept a $300 fine if that is what's required.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr Turner's clear record under this rule. The aggravating factors are Mr Turner did not present himself to be weighed out wearing his body protector which is a requirement of all riders. We referred to rule 620(1) which confirmed this requirement. Mr Turner in our view made a bad error of judgement in not having himself sufficiently organised when weighing out. He told the Committee that he relied on Mr Hutchings' small saddle for some weight relief and overlooked the fact he had loaned out his body protector to Mr Hutchings in race 4.
We referred to the JCA penalty guide which said the starting point under this rule was fact dependant. We verified previous penalties under rule 340, the only similar case was when a rider weighed out in an unapproved body protector and received a $300 fine.
After taking into account all the above factors we independently assess an appropriate penalty is a $300 fine. We reminded Mr Turner of his obligations especially when attempting to ride below 55kg. He acknowledged he had an obligation to fulfil and would learn from today's experience.
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: d1f3ca6de869487bffb8e08f1bb44a4a
informantnumber: A2823
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 21/04/2013
hearing_title: R Tauranga 20 April 2013 - R 5
charge:
Misconduct
facts:
Following race 5, Gartshore Construction 1400, an information was filed pursuant to Rule 340.The informant, Mr Williamson alleged Mr P Turner attempted to weigh out for the horse (READY STEADY) without his body protector.
Mr Williamson read the rule and Mr Turner acknowledged he understood the rule and the nature of the charge.
Rule 340 States: A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing.
Prior to the commencement of the hearing the Committee recommended to Mr Turner that he should have a senior License Holder present because this was a reasonably serious charge. The Committee granted a brief adjournment to allow Mr Turner to find a suitable person.
appealdecision:
isappeal:
submissionsfordecision:
Mr Williamson told the Committee that Mr Saunders, Clerk of Scales, had informed him that Mr Turner tried to weigh out omitting his body protector. He said Mr Saunders asked him to return to weigh in with his body protector on. He submitted it was the Steward's view that Mr Turner attempted to deceive officials by weighing without his body protector. He told us Mr Turner was engaged to ride Ready Steady at 55kg and was entitled to claim 1kg as an apprentice allowance. He said this was at the very bottom of Mr Turner's riding weight. He believed Mr Turner tried to gain an advantage by not wearing his body protector.
Mr Williamson called Mr Saunders as a witness. Mr Saunders told the Committee that Mr Turner weighed out a tick over 55 kilos. He confirmed Mr Turner was entitled to claim 1kg. However, he noticed that Mr Turner was not wearing his body protector when being weighed. Mr Turner then informed Mr Saunders that he forgot to wear it. Mr Saunders told Mr Turner to get his body protector and when he was re weighed only claimed 0.5kg.
In response to a question from the Committee, Mr Saunders informed us that Mr Turner presented himself to weigh wearing the correct colours and they were zipped up. He said he noticed Mr Turner was not wearing his body protector by visual sight and his personal experience on the job.
Mr Turner told the Committee that he advised Mr Scott the trainer of Ready Steady on the morning of the race that he would only claim 0.5kg. Mr Scott acknowledged that it would be ok. He said he did not have a little saddle and borrowed Mr Hutchings saddle to ride as light as possible. He conceded that he normally doesn't ride at 54kg. He further admitted to loaning out his body protector to Mr Hutchings for race 4 and was rushing around to arrange his gear for race 5. He said it was an honest mistake and it slipped his mind when he presented himself to the Clerk of Scales minus a body protector. He confirmed he weighed out at 54.5kg.
Mr Phelan when asked had nothing to submit that was relevant to the charge.
Mr Williamson in summing up said it was incumbent on jockeys to present at the scales in a professional manner. He reminded the Committee that the 54kg is at the extreme bottom weight scale for Mr Turner. He said there is a 1kg allowance permitted to compensate for a body protector. He believed Mr Turner committed a deliberate act to deceive officials.
In response to a question from the Committee, Mr Turner said he did not attempt to deceive officials it was an honest mistake.
reasonsfordecision:
The Committee carefully listened to and spent some time analysing the evidence presented. We don't believe we need to establish that there was any degree of intent on Mr Turner's part. We find the ingredients of the charge were established by the evidence of Mr Saunders when he stated that he discovered Mr Turner had presented himself to weigh out not wearing his body protector. Evidence that Mr Turner was attempting to weigh out for this particular race at his lowest possible riding weight was presented to the Committee. We took the view this was a significant aggravating factor that led the Committee to find the charge proved. Mr Turner by his own admission conceded he doesn't normally ride under 55kg.
Decision:
Accordingly, for the reasons stated above, we find the charge against Mr Turner proved.
sumissionsforpenalty:
Mr Williamson informed the Committee Mr Turner had a clear record under this rule. He said the Stewards believed that Mr Turner weighed out minus his body protector intentionally to gain an advantage. He noted that Mr Turner said he “forgot”. Mr Williamson submitted it was critical the weighing out process was ‘kept a tight ship”. He said the Clerk of Scales does a good job when jockeys attempt to gain an advantage. In summing up he said Mr Turner was charged under rule 340 because he believed Mr Turner was trying to deceive the Clerk of Scales. He submitted an appropriate penalty would be a $300 fine.
Mr Turner reminded the Committee that he did re weigh when asked to by the Clerk of Scales. He said he would accept a $300 fine if that is what's required.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr Turner's clear record under this rule. The aggravating factors are Mr Turner did not present himself to be weighed out wearing his body protector which is a requirement of all riders. We referred to rule 620(1) which confirmed this requirement. Mr Turner in our view made a bad error of judgement in not having himself sufficiently organised when weighing out. He told the Committee that he relied on Mr Hutchings' small saddle for some weight relief and overlooked the fact he had loaned out his body protector to Mr Hutchings in race 4.
We referred to the JCA penalty guide which said the starting point under this rule was fact dependant. We verified previous penalties under rule 340, the only similar case was when a rider weighed out in an unapproved body protector and received a $300 fine.
After taking into account all the above factors we independently assess an appropriate penalty is a $300 fine. We reminded Mr Turner of his obligations especially when attempting to ride below 55kg. He acknowledged he had an obligation to fulfil and would learn from today's experience.
penalty:
Accordingly we impose a $300 fine on Mr P Turner.
hearing_type: Hearing
Rules: 340
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr P Turner - Apprentice Rider of Ready Steady
Otherperson: Mr C Phelan - Trainer, assisting Mr Turner, Mr R Saunders - Clerk of Scales
PersonPresent:
Respondent:
StipendSteward:
raceid: 29227b679de659811588696ba7d80b9e
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: 0879241f0cec9eb16cabd5a22c621913
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/04/2013
meet_title: Racing Tauranga - 20 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Racing Tauranga