Archive Decision

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Auckland RC 1 January 2012 – R 8

ID: JCA17886

Applicant:
Mr C George - Chief Stipendiary Steward

Respondent(s):
Mr C Ormsby

Information Number:
2127

Hearing Type:
Hearing

Rules:
330(3)(c)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Auckland RC - 1 January 2012

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2012/01/01

Race Number:
R8

Decision:

Accordingly we find the charge proved.

Penalty:

Accordingly, after taking all the above into account we impose a fine of $500.

Charge:

Weight charge.

Facts:

Prior to race 8 an information was filed pursuant to rule 330 (3) (c). The informant, Mr George alleged that Mr C Ormsby failed to make the contracted weight for DOUBLE WEIGHT in race 8.

Submissions for Decision:

Mr George told the committee that on 31 December Mr C Ormsby, the declared rider of DOUBLE BARREL, advised his manager he would be unable to fulfill his commitments to ride that horse in the Group 1 Blandford Lodge Railway Stakes.

Mr Ormsby in denying the breach said that he did not have a contract to ride DOUBLE BARREL. He said he was released from the ride after the Taupo meeting on 30 December. He submitted to the committee he had struggled to ride at 56.5 kgs at Taupo and therefore informed his manager that he could not make the weight for DOUBLE BARREL. His manager offered the connections that Mr Ormsby would ride at ½ kg over but Mr Ormsby declined this in order to do justice to his other mounts.

Reasons for Decision:

The committee has sympathy with Mr Ormsby over this charge because we believe he was genuine in his submissions to us regarding the reasons he ended up being declared for the ride on DOUBLE BARREL. Clearly this charge has arisen through his manager taking the mount for him and declaring him with the Racing Bureau as the rider of DOUBLE BARREL in the Railway at 55 kgs. This occurred at 10.00am on 29 December 2011.

It is obvious to the committee that this was a communication breakdown between Mr Ormsby and his manager. On 28 December when he was also charged under this rule he assured this committee he would tell his manager to be mindful of accepting mounts below 56 kgs. Seemingly this did not happen in this case.

Submissions for Penalty:

Mr George reminded the committee that on 28 December Mr Ormsby was fined $400 for a similar breach. He said in this case today the status of the race should be taken into account and submitted a fine would be the appropriate penalty.

Mr Ormsby had nothing to add.

Reasons for Penalty:

The committee carefully considered all submissions and evidence. The strong mitigating factor is that, Mr Ormsby informed the connections of DOUBLE BARREL that he would be unable to make the carded weight approximately 24 hours before the race. This gave them time to find a suitable replacement rider. However, as pointed out to Mr Ormsby, his record under this rule is of real concern to officials. This is his 6th weight charge since October last year. The committee informed him that his next breach of this rule could result in a suspension. It is also significant that this breach occurred in a Group 1 race.

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: fa4de2f0d4d4843cc845cb59b92313cb


informantnumber: 2127


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 01/01/2012


hearing_title: Auckland RC 1 January 2012 - R 8


charge:

Weight charge.


facts:

Prior to race 8 an information was filed pursuant to rule 330 (3) (c). The informant, Mr George alleged that Mr C Ormsby failed to make the contracted weight for DOUBLE WEIGHT in race 8.


appealdecision:


isappeal:


submissionsfordecision:

Mr George told the committee that on 31 December Mr C Ormsby, the declared rider of DOUBLE BARREL, advised his manager he would be unable to fulfill his commitments to ride that horse in the Group 1 Blandford Lodge Railway Stakes.

Mr Ormsby in denying the breach said that he did not have a contract to ride DOUBLE BARREL. He said he was released from the ride after the Taupo meeting on 30 December. He submitted to the committee he had struggled to ride at 56.5 kgs at Taupo and therefore informed his manager that he could not make the weight for DOUBLE BARREL. His manager offered the connections that Mr Ormsby would ride at ½ kg over but Mr Ormsby declined this in order to do justice to his other mounts.


reasonsfordecision:

The committee has sympathy with Mr Ormsby over this charge because we believe he was genuine in his submissions to us regarding the reasons he ended up being declared for the ride on DOUBLE BARREL. Clearly this charge has arisen through his manager taking the mount for him and declaring him with the Racing Bureau as the rider of DOUBLE BARREL in the Railway at 55 kgs. This occurred at 10.00am on 29 December 2011.

It is obvious to the committee that this was a communication breakdown between Mr Ormsby and his manager. On 28 December when he was also charged under this rule he assured this committee he would tell his manager to be mindful of accepting mounts below 56 kgs. Seemingly this did not happen in this case.


Decision:

Accordingly we find the charge proved.


sumissionsforpenalty:

Mr George reminded the committee that on 28 December Mr Ormsby was fined $400 for a similar breach. He said in this case today the status of the race should be taken into account and submitted a fine would be the appropriate penalty.

Mr Ormsby had nothing to add.


reasonsforpenalty:

The committee carefully considered all submissions and evidence. The strong mitigating factor is that, Mr Ormsby informed the connections of DOUBLE BARREL that he would be unable to make the carded weight approximately 24 hours before the race. This gave them time to find a suitable replacement rider. However, as pointed out to Mr Ormsby, his record under this rule is of real concern to officials. This is his 6th weight charge since October last year. The committee informed him that his next breach of this rule could result in a suspension. It is also significant that this breach occurred in a Group 1 race.


penalty:

Accordingly, after taking all the above into account we impose a fine of $500.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr C George - Chief Stipendiary Steward


JockeysandTrainer: Mr C Ormsby


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: c93385957fb38c3df335366547968fed


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0a01931491251d6cf274ace839dfb148


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/01/2012


meet_title: Auckland RC - 1 January 2012


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "310", "Total": "192.2", "kmprice": 192.19999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC