Cambridge JC 27 April 2013 – R 1
ID: JCA18065
Code:
Thoroughbred
Meet Title:
Cambridge JC - 27 April 2013
Meet Chair:
ADooley
Meet Committee Member 1:
RSeabrook
Race Date:
2013/04/27
Race Number:
R1
Decision:
As Mr Forbes admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a fine of $1,000.
Charge:
Following race 1, Cambridge Equine Hospital Premier, an information was filed pursuant to Rule 340. The informant, Mr Williamson alleged that Mr Forbes, when questioned by Clerk of Scales, whether he was wearing a safety vest told the Clerk that he was when he knowingly knew that he was not.
Mr Williamson read the rule and Mr Forbes acknowledged that he understood the rule and the nature of the charge.
The Committee explained to Mr Forbes that we viewed this offence as being serious. He had no objection to this charge being heard on race day.
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.
Facts:
Mr Williamson informed the Committee that he would be calling Mr Sanders as a witness.
Mr Sanders told the Committee that prior to race 1 when Mr Forbes presented himself at the scales to weigh out he asked him if he was wearing a safety vest. Mr Forbes responded by telling Mr Sanders that he was not. Mr Sanders then asked him to go and apply the vest and then come back to reweigh. Mr Sanders again asked him on 2 occasions if he was now wearing a safety vest when he presented himself at the scales, which Mr Forbes confirmed he was. Mr Sanders then placed his hand on Mr Forbes shoulder and discovered that he was not wearing a safety vest. When questioned further by Mr Sanders, Mr Forbes replied by saying he thought he had his safety vest on.
Mr Forbes and Mr Autridge accepted Mr Sanders' evidence and did not wish to cross examine him.
Mr Forbes advised the Committee that he had been struggling with his weight and after grabbing his saddle to weigh out prior to race 1 he found that he was 53kg without his safety vest. He then realised he had “no hope” of making the weight (53kg) and because he didn't want to let the connections down he attempted to weigh out without his safety vest. He conceded that this was a very foolish act. He promised he would not be doing this again and regretted his actions.
Mr Autridge submitted to the Committee that Mr Forbes had been honest during the hearing and had a bright future in the industry if he could control his weight. He said Mr Forbes was thinking of not letting the connections down but he now had to face the consequences of his actions. He said riders who have been put in this predicament before have clearly made better decisions.
In response to a question from the Committee, Mr Forbes stated that he rode Mezzaluna at 53.5kg.
Mr Forbes when asked by the Committee, confirmed that the connections did not object to him riding Mezzaluna at 53.5kg, which meant he was 0.5kg over the weight he was engaged to ride at.
Submissions for Penalty:
Mr Williamson submitted that Mr Forbes should have ridden Mezzaluna at 53kg. He went on to say Mr Forbes let himself and the connections down by his actions. He said this was not a good look for the image of racing. He said Mr Forbes deceived an Official which the stewards believed was a reasonably serious offence. He submitted this should be reflected when the Committee assesses penalty. He submitted a fine of not less than $1,000 would be appropriate.
In response to a question from the Committee, Mr Williamson submitted that Mr Forbes' record showed he attempted to weigh out in an unsuitable body protector in Australia which resulted in a $500 fine.
Mr Forbes when questioned by the Committee, confirmed this was correct. He said the body protector that he wore was too small and did not cover his ribs properly.
Mr Autridge submitted that Mr Forbes had been honest during the hearing and would learn from this experience. He did not wish to comment on the fine submitted by Mr Williamson.
Mr Forbes submitted he had been suspended recently in Australia and was having trouble with his weight. He did not wish to comment on the fine submitted by Mr Williamson.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating fact was Mr Forbes' admission of the breach. However, the significant aggravating fact was Mr Forbes gave misleading evidence to the Clerk of Scales in attempting to weigh out without a safety vest. By showing blatant disregard to the instructions given by an Official the Committee views this very seriously.
We are concerned that Mr Forbes' record shows a previous similar offence when he again disregarded the instructions of an official in Australia which related to a safety vest.
We referred to the JCA penalty guide under this rule which showed a starting point was fact dependent. We also referred to the JCA listing of penalties which showed there was no precedent.
The Committee has taken into account that Mr Forbes is an apprentice rider. However, we are of the view this is a serious offence which needs a firm message to be sent out to all riders that a clear intent to deceive an Official will not be tolerated.
After taking into account all the above factors we independently assess an appropriate penalty is a $1,000 fine.
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: e933943b387dc3fba6a54fdd871ce579
informantnumber: A2826
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/04/2013
hearing_title: Cambridge JC 27 April 2013 - R 1
charge:
Following race 1, Cambridge Equine Hospital Premier, an information was filed pursuant to Rule 340. The informant, Mr Williamson alleged that Mr Forbes, when questioned by Clerk of Scales, whether he was wearing a safety vest told the Clerk that he was when he knowingly knew that he was not.
Mr Williamson read the rule and Mr Forbes acknowledged that he understood the rule and the nature of the charge.
The Committee explained to Mr Forbes that we viewed this offence as being serious. He had no objection to this charge being heard on race day.
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.
facts:
Mr Williamson informed the Committee that he would be calling Mr Sanders as a witness.
Mr Sanders told the Committee that prior to race 1 when Mr Forbes presented himself at the scales to weigh out he asked him if he was wearing a safety vest. Mr Forbes responded by telling Mr Sanders that he was not. Mr Sanders then asked him to go and apply the vest and then come back to reweigh. Mr Sanders again asked him on 2 occasions if he was now wearing a safety vest when he presented himself at the scales, which Mr Forbes confirmed he was. Mr Sanders then placed his hand on Mr Forbes shoulder and discovered that he was not wearing a safety vest. When questioned further by Mr Sanders, Mr Forbes replied by saying he thought he had his safety vest on.
Mr Forbes and Mr Autridge accepted Mr Sanders' evidence and did not wish to cross examine him.
Mr Forbes advised the Committee that he had been struggling with his weight and after grabbing his saddle to weigh out prior to race 1 he found that he was 53kg without his safety vest. He then realised he had “no hope” of making the weight (53kg) and because he didn't want to let the connections down he attempted to weigh out without his safety vest. He conceded that this was a very foolish act. He promised he would not be doing this again and regretted his actions.
Mr Autridge submitted to the Committee that Mr Forbes had been honest during the hearing and had a bright future in the industry if he could control his weight. He said Mr Forbes was thinking of not letting the connections down but he now had to face the consequences of his actions. He said riders who have been put in this predicament before have clearly made better decisions.
In response to a question from the Committee, Mr Forbes stated that he rode Mezzaluna at 53.5kg.
Mr Forbes when asked by the Committee, confirmed that the connections did not object to him riding Mezzaluna at 53.5kg, which meant he was 0.5kg over the weight he was engaged to ride at.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Forbes admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Williamson submitted that Mr Forbes should have ridden Mezzaluna at 53kg. He went on to say Mr Forbes let himself and the connections down by his actions. He said this was not a good look for the image of racing. He said Mr Forbes deceived an Official which the stewards believed was a reasonably serious offence. He submitted this should be reflected when the Committee assesses penalty. He submitted a fine of not less than $1,000 would be appropriate.
In response to a question from the Committee, Mr Williamson submitted that Mr Forbes' record showed he attempted to weigh out in an unsuitable body protector in Australia which resulted in a $500 fine.
Mr Forbes when questioned by the Committee, confirmed this was correct. He said the body protector that he wore was too small and did not cover his ribs properly.
Mr Autridge submitted that Mr Forbes had been honest during the hearing and would learn from this experience. He did not wish to comment on the fine submitted by Mr Williamson.
Mr Forbes submitted he had been suspended recently in Australia and was having trouble with his weight. He did not wish to comment on the fine submitted by Mr Williamson.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating fact was Mr Forbes' admission of the breach. However, the significant aggravating fact was Mr Forbes gave misleading evidence to the Clerk of Scales in attempting to weigh out without a safety vest. By showing blatant disregard to the instructions given by an Official the Committee views this very seriously.
We are concerned that Mr Forbes' record shows a previous similar offence when he again disregarded the instructions of an official in Australia which related to a safety vest.
We referred to the JCA penalty guide under this rule which showed a starting point was fact dependent. We also referred to the JCA listing of penalties which showed there was no precedent.
The Committee has taken into account that Mr Forbes is an apprentice rider. However, we are of the view this is a serious offence which needs a firm message to be sent out to all riders that a clear intent to deceive an Official will not be tolerated.
After taking into account all the above factors we independently assess an appropriate penalty is a $1,000 fine.
penalty:
Accordingly, we impose a fine of $1,000.
hearing_type: Hearing
Rules: 340
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr A Forbes - Licensed Apprentice Rider of MEZZALUNA, Mr S Autridge - Trainer assisting Mr Forbes
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e6ff3a89afab0ec4c4c3900f3947f543
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 755b845376b864b552ccef596a8a655d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/04/2013
meet_title: Cambridge JC - 27 April 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: RSeabrook
meet_pm2: none
name: Cambridge JC