R Rotorua 19 March 2012 – R 4 (heard on 27 March 2012 at Matamata)

hearingid: 55fd1968b93fcecb29eb60c1f285561c

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hearing_racingtype: thoroughbred-racing

startdate: 19/03/2012

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hearing_title: R Rotorua 19 March 2012 - R 4 (heard on 27 March 2012 at Matamata)

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Oatham, Stipendiary Steward
Respondent: Mr M Tanaka, Licensed Rider
Information No: A2185
Meeting: Racing Rotorua
Date: 19 March 2012 (heard on 27 March 2012 at Matamata)
Venue: Rotorua
Rule No: 330(3)(a)
Race: 4
Judicial Committee: A Dooley, Chairman -  A Godsalve, Committee Member
Plea: Admitted

Charge
This is an adjourned hearing from Racing Rotorua on the 19th March 2012.

Following race 4 an information was filed pursuant to Rule 330(3)(a). The informant Mr J Oatham alleged that Mr Tanaka broke a riding engagement for C'MON.

Evidence

Mr Oatham informed the committee that Mr Tanaka was engaged to ride C'MON, however, on the morning of the races he conceded that confusion had arisen around Mr Tanaka attending the meeting. He said Mr Tanaka told him that he had advised Mr Dillon, his manager, that he had decided on the 15th of March 2012 he would not be attending the Rotorua races. Mr Oatham said Mr Tanaka did not attend the race meeting, with Ms Allpress replacing him as the rider of C’MON.

Mr Tanaka advised the committee that Mr Dillon had taken the ride on C'MON when the nominations had come out. He told his manager to get him off the ride as he was not intending to ride at Rotorua. Mr Dillon confirmed to Mr Tanaka that he had informed the trainer Ms N.Robinson and NZTR that Mr Tanaka was not going to ride C'MON. Mr Tanaka believed Mr Dillon had let him down.

Decision

As Mr Tanaka admitted the breach we find the charge proved.

Submissions For Penalty

Mr Oatham produced Mr Tanaka’s record which showed no previous breaches of this rule in the last 12 months. He submitted that he had some sympathy with Mr Tanaka, however, the responsibility clearly falls on riders to ensure that commitments are verified between rider and agent. Mr Oatham stated that all riders and agents should note that communications between the parties are important and that the ultimate responsibility falls on the rider. He commended Mr Tanaka on his honesty and felt that this matter was at the low end of the scale and could be dealt with in the way of a fine. He submitted a fine between $100 - $200.

Mr Tanaka when asked for submissions had nothing to say.

Reasons For Penalty

The committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr Tanaka's admission of the breach. The aggravating factor is that Ms N Robinson was left without a replacement rider until late on race morning. The committee advised Mr Tanaka he needed to inform Mr Dillon that he clearly let him down and better communication between all parties is paramount when confirming commitments in the future.

Penalty

Accordingly, we impose a fine of $150.

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hearing_type: Old Hearing

Rules: 330(3)(a)

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