Archive Decision

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Whangarei RC 2 July 2011 – R 1

ID: JCA17952

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr V Colgan - Licensed Rider

Information Number:
6882

Hearing Type:
Hearing

Rules:
610(4)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 2 July 2011

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2011/07/02

Race Number:
R 1

Decision:

As Mr Colgan admitted the breach, the charge was found to be proved.

Penalty:

Accordingly after taking all the above factors into account we impose a fine of $200.00.

Charge:

Following race 1 an information was lodged alleging a breach of rule 610 (4) in that Mr Colgan had in his possession a modified body protector.

Facts:

Mr Coles told the committee that at Tauranga races on 25 June 2011 a number of riders had been spoken to and warned that the stewards would be checking for compliance of safety vests.

He explained that the stewards commenced talking to the riders at the Ellerslie race meeting on 6 June 2011.

A check of all riders’ vests was done today and Mr Colgan vest, which was an approved type, was found to have the tail section of pads removed.

Mr Colgan admitted that he was responsible for removing the pads. He told the committee that he modified the vest for comfort reasons and not for weight benefits. He informed us that he would put his vest back together prior riding again. Mr Colgan confirmed he was warned by the stewards last Saturday.

Submissions for Penalty:

Mr Coles submitted that Mr Colgan modification to his vest was a clear breach of the rules. Mr Colgan had no previous breaches of the rule. Mr Coles submission was for a fine of $200.00 which was imposed in an identical incident at Egmont Racing Club yesterday.

Mr Colgan told the committee that he would have the vest repaired to comply prior to riding again. Mr Colgan told the committee that it was a fair penalty and he can’t argue. He said he would accept a $200.00 fine as long as it is was the same as other riders.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions as presented. We also had the opportunity to inspect the vest and the modification s made to it.

Mitigating factors are Mr Colgan’s admission of the breach, no previous breaches of the rule, in particular the degree of modification made to his vest. The rest of his vest was found to be in very good condition.

Aggravating factor is Mr Colgan removing the tail section pads which automatically made the vest non- compliant which is an obvious safety issue.

Mr Colgan was reminded by the committee he had to be stood down from race riding today after suffering a race fall, which emphasized the importance of having a body protector that complies.

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: dc02459f7b92b0597e633584857e98e6


informantnumber: 6882


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 23/06/2011


hearing_title: Whangarei RC 2 July 2011 - R 1


charge:

Following race 1 an information was lodged alleging a breach of rule 610 (4) in that Mr Colgan had in his possession a modified body protector.


facts:

Mr Coles told the committee that at Tauranga races on 25 June 2011 a number of riders had been spoken to and warned that the stewards would be checking for compliance of safety vests.

He explained that the stewards commenced talking to the riders at the Ellerslie race meeting on 6 June 2011.

A check of all riders’ vests was done today and Mr Colgan vest, which was an approved type, was found to have the tail section of pads removed.

Mr Colgan admitted that he was responsible for removing the pads. He told the committee that he modified the vest for comfort reasons and not for weight benefits. He informed us that he would put his vest back together prior riding again. Mr Colgan confirmed he was warned by the stewards last Saturday.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Colgan admitted the breach, the charge was found to be proved.


sumissionsforpenalty:

Mr Coles submitted that Mr Colgan modification to his vest was a clear breach of the rules. Mr Colgan had no previous breaches of the rule. Mr Coles submission was for a fine of $200.00 which was imposed in an identical incident at Egmont Racing Club yesterday.

Mr Colgan told the committee that he would have the vest repaired to comply prior to riding again. Mr Colgan told the committee that it was a fair penalty and he can’t argue. He said he would accept a $200.00 fine as long as it is was the same as other riders.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions as presented. We also had the opportunity to inspect the vest and the modification s made to it.

Mitigating factors are Mr Colgan’s admission of the breach, no previous breaches of the rule, in particular the degree of modification made to his vest. The rest of his vest was found to be in very good condition.

Aggravating factor is Mr Colgan removing the tail section pads which automatically made the vest non- compliant which is an obvious safety issue.

Mr Colgan was reminded by the committee he had to be stood down from race riding today after suffering a race fall, which emphasized the importance of having a body protector that complies.


penalty:

Accordingly after taking all the above factors into account we impose a fine of $200.00.


hearing_type: Hearing


Rules: 610(4)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr V Colgan - Licensed Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e21b346abf8378772f3fc768cef3340f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6e36e00bb54ddeeaee33d8d01504669b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/07/2011


meet_title: Whangarei RC - 2 July 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Whangarei RC