Archive Decision

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Counties RC 19 November 2016 – R 7 – Chair, Mr A Dooley

ID: JCA17569

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr L Innes - Class A rider

Information Number:
A6994

Hearing Type:
Hearing

New Charge:
Unable to make the carded weight

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 19 November 2016

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2016/11/19

Race Number:
R7

Decision:

As Mr Innes admitted the breach the Committee find the charge proved.

Penalty:

Mr Innes was fined the sum of $350.

Facts:

Prior to race 7 Ssangyong Counties Cup Group 3, an Information was filed pursuant to Rule 330 (3)(c). The Informant, Mr Oatham, alleged that Mr Innes failed to make the contract weight for SNOW SECRET and was replaced as a result.

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

Rule 330 (3)(c) provides: A rider shall not : (c) fail to ride a horse at the weight which it is handicapped to carry.

Mr Oatham advised the Committee that Mr Innes was booked to ride SNOW SECRET in the Counties Cup at 53kgs. He said that an Information was filed because Mr Innes had 2 recent breaches of this Rule. He advised that they were dealt with under the Minor Infringement system and incurred $100 and $200 fines. He said Mr Innes advised the Stewards after race 5 that he would be unable to make the weight. He said that Mr Innes was replaced on his mount by Mr Coleman.

Mr Innes said it was an error of judgement on his part and he thought that he would be able to ride SNOW SECRET 0.5 kg overweight at 53.5 kg. He advised that he was 0.2 kg over that allowance and believed he had done his best to make the weight. He stated that he had spoken to Mr Ritchie, the trainer of SNOW SECRET, during the week and advised him that Mr Coleman did not have a ride in the race if he was unable to make the weight.

Submissions for Penalty:

Mr Oatham said Mr Innes was up front with the Stewards and noted that 53 kg was at Mr Innes limit. He said that SNOW SECRET had a good replacement rider and the connections were not disadvantaged. He said the aggravating fact was the incident occurred in a Group 3 race. He said a fine would be an appropriate penalty.

Mr Innes submitted a $200 fine would be a fair penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The only mitigating fact was Mr Innes admission of the breach. It was fortunate for all concerned that Mr Innes was replaced by another prominent senior rider, albeit at very late notice.

The clear aggravating fact was the breach occurred in a Group 3 race worth $100,000. We deemed this warranted an uplift in penalty along with the fact it was Mr Innes’ 3rd breach in the last 120 days.

We also had regard for recent similar breaches of this Rule when considering an appropriate and consistent 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: f336b6bda45e76a1be0eedfc4a3b36c8


informantnumber: A6994


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Unable to make the carded weight


plea: admitted


penaltyrequired: 1


decisiondate: 20/11/2016


hearing_title: Counties RC 19 November 2016 - R 7 - Chair, Mr A Dooley


charge:


facts:

Prior to race 7 Ssangyong Counties Cup Group 3, an Information was filed pursuant to Rule 330 (3)(c). The Informant, Mr Oatham, alleged that Mr Innes failed to make the contract weight for SNOW SECRET and was replaced as a result.

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

Rule 330 (3)(c) provides: A rider shall not : (c) fail to ride a horse at the weight which it is handicapped to carry.

Mr Oatham advised the Committee that Mr Innes was booked to ride SNOW SECRET in the Counties Cup at 53kgs. He said that an Information was filed because Mr Innes had 2 recent breaches of this Rule. He advised that they were dealt with under the Minor Infringement system and incurred $100 and $200 fines. He said Mr Innes advised the Stewards after race 5 that he would be unable to make the weight. He said that Mr Innes was replaced on his mount by Mr Coleman.

Mr Innes said it was an error of judgement on his part and he thought that he would be able to ride SNOW SECRET 0.5 kg overweight at 53.5 kg. He advised that he was 0.2 kg over that allowance and believed he had done his best to make the weight. He stated that he had spoken to Mr Ritchie, the trainer of SNOW SECRET, during the week and advised him that Mr Coleman did not have a ride in the race if he was unable to make the weight.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Innes admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Oatham said Mr Innes was up front with the Stewards and noted that 53 kg was at Mr Innes limit. He said that SNOW SECRET had a good replacement rider and the connections were not disadvantaged. He said the aggravating fact was the incident occurred in a Group 3 race. He said a fine would be an appropriate penalty.

Mr Innes submitted a $200 fine would be a fair penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The only mitigating fact was Mr Innes admission of the breach. It was fortunate for all concerned that Mr Innes was replaced by another prominent senior rider, albeit at very late notice.

The clear aggravating fact was the breach occurred in a Group 3 race worth $100,000. We deemed this warranted an uplift in penalty along with the fact it was Mr Innes’ 3rd breach in the last 120 days.

We also had regard for recent similar breaches of this Rule when considering an appropriate and consistent penalty.


penalty:

Mr Innes was fined the sum of $350.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr L Innes - Class A rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e3cdf1d5caca99428f6ac1296337ea8b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 75f6374d80aabad65f96d3e6b2e4972d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/11/2016


meet_title: Counties RC - 19 November 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Counties RC