Archive Decision

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R Te Aroha 24 June 2018 – R 1 – Chair, Mr A Smith

ID: JCA17557

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr H McNeill - Licensed Class D Rider

Other Person:
Mr M Williamson - Senior Stipendiary Steward

Information Number:
A09651

Hearing Type:
Hearing

New Charge:
Failed to weigh in

Rules:
647(1)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 24 June 2018

Meet Chair:
ASmith

Meet Committee Member 1:
ADooley

Race Date:
2018/06/24

Race Number:
Race 1

Decision:

As Mr McNeill admitted the breach, the Committee found the charge proved.

Penalty:

Mr McNeill was fined $250.

Facts:

Following the running of race 1, Taste the Dally Wine Hurdle, an Information was filed pursuant to Rule 647(1). The Informant, Mr Jones, alleged that Mr McNeill failed to weigh in following race 1.

Mr McNeill acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 647(1) provides: All Riders in a Race shall weigh-in, unless excused from doing so by a Stipendiary Steward. A horse whose Rider does not weigh in shall, in addition to any other penalty which may be imposed, be disqualified from the Race, unless the Stipendiary Stewards are satisfied that the:
(a) Rider’s failure to weigh-in, in accordance with this Rule, was justified by extraordinary circumstances, including if the Stipendiary Stewards are satisfied that, on account of accident or sudden illness, it is impracticable for him to weigh in; and
(b) Rider weighed out correctly with, and carried, his proper weight.

Mr Williamson demonstrated the video films and identified Mr McNeill and his mount VIAAGO, just prior to the last hurdle. He said VIAAGO jumped the last hurdle and coasted to the finish line finishing 7th of the 8 runners. In the Stewards opinion VIAAGO had completed the race and Mr McNeill was obligated to weigh in. Mr McNeill did not seek permission to not to weigh in and he proceeded to the jockeys' room.

The Clerk of the Scales queried Mr McNeill as to why he had not weighed in at which point Mr McNeill replied that he had pulled his mount up.

The Stewards were satisfied that Mr McNeill had weighed out correctly and were therefore not seeking disqualification of VIAAGO.

Mr McNeill agreed with the Steward’s interpretation of the incident and had nothing further to add.

Submissions for Penalty:

Mr Jones produced Mr McNeill’s record which showed no previous breach of the rule. The Stewards were concerned that Mr McNeill had taken the obligation to weigh in, into his own hands but were satisfied that on this occasion, despite breaching the rule, no-one was adversely affected.

Mr Jones submitted that a monetary penalty in line with the JCA Penalty Guidelines would be appropriate.

Mr McNeill declined the opportunity to provide submissions on penalty.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of $300 for a breach of Rule 647(1) when the finishing position of the horse and rider is a non-dividend bearing position.

The Committee carefully considered all the evidence and submissions presented.

The Committee were satisfied that Mr McNeill failed in his duty to weigh in after the completion of the race.

The mitigating factors where Mr McNeill’s admission of the breach and good record. There were no aggravating factors.

After taking into account all factors the Committee considered that a $250 fine was appropriate.

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: f1a61952f7e71a64c92f711323fb8a8b


informantnumber: A09651


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to weigh in


plea: admitted


penaltyrequired: 1


decisiondate: 25/06/2018


hearing_title: R Te Aroha 24 June 2018 - R 1 - Chair, Mr A Smith


charge:


facts:

Following the running of race 1, Taste the Dally Wine Hurdle, an Information was filed pursuant to Rule 647(1). The Informant, Mr Jones, alleged that Mr McNeill failed to weigh in following race 1.

Mr McNeill acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 647(1) provides: All Riders in a Race shall weigh-in, unless excused from doing so by a Stipendiary Steward. A horse whose Rider does not weigh in shall, in addition to any other penalty which may be imposed, be disqualified from the Race, unless the Stipendiary Stewards are satisfied that the:
(a) Rider’s failure to weigh-in, in accordance with this Rule, was justified by extraordinary circumstances, including if the Stipendiary Stewards are satisfied that, on account of accident or sudden illness, it is impracticable for him to weigh in; and
(b) Rider weighed out correctly with, and carried, his proper weight.

Mr Williamson demonstrated the video films and identified Mr McNeill and his mount VIAAGO, just prior to the last hurdle. He said VIAAGO jumped the last hurdle and coasted to the finish line finishing 7th of the 8 runners. In the Stewards opinion VIAAGO had completed the race and Mr McNeill was obligated to weigh in. Mr McNeill did not seek permission to not to weigh in and he proceeded to the jockeys' room.

The Clerk of the Scales queried Mr McNeill as to why he had not weighed in at which point Mr McNeill replied that he had pulled his mount up.

The Stewards were satisfied that Mr McNeill had weighed out correctly and were therefore not seeking disqualification of VIAAGO.

Mr McNeill agreed with the Steward’s interpretation of the incident and had nothing further to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McNeill admitted the breach, the Committee found the charge proved.


sumissionsforpenalty:

Mr Jones produced Mr McNeill’s record which showed no previous breach of the rule. The Stewards were concerned that Mr McNeill had taken the obligation to weigh in, into his own hands but were satisfied that on this occasion, despite breaching the rule, no-one was adversely affected.

Mr Jones submitted that a monetary penalty in line with the JCA Penalty Guidelines would be appropriate.

Mr McNeill declined the opportunity to provide submissions on penalty.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of $300 for a breach of Rule 647(1) when the finishing position of the horse and rider is a non-dividend bearing position.

The Committee carefully considered all the evidence and submissions presented.

The Committee were satisfied that Mr McNeill failed in his duty to weigh in after the completion of the race.

The mitigating factors where Mr McNeill’s admission of the breach and good record. There were no aggravating factors.

After taking into account all factors the Committee considered that a $250 fine was appropriate.


penalty:

Mr McNeill was fined $250.

hearing_type: Hearing


Rules: 647(1)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr H McNeill - Licensed Class D Rider


Otherperson: Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3aebe7d59d93edfd4ceeeca882caab35


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5f78df5126a6d4f4e73ffdc5a0703ed5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/06/2018


meet_title: Racing Te Aroha - 24 June 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: ASmith


meet_pm1: ADooley


meet_pm2: none


name: Racing Te Aroha