Feilding JC – 1 November 2008 –

hearingid: 6035dde20bd407b2ad5b6ce2abb7ca41

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hearing_racingtype: thoroughbred-racing

startdate: 01/11/2008

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hearing_title: Feilding JC - 1 November 2008 -

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Mr Lammas was charged with a breach of Rule 850 (1) & (4), the information alleging that B. Lammas presented himself to be weighed out in a vest that was non compliant with the rules.

Mr Lammas was charged with a breach of Rule 850 (1) & (4), the information alleging that B. Lammas presented himself to be weighed out in a vest that was non compliant with the rules.

Mr Lammas admitted the breach and was represented by Mr D Howarth.

Mr Goodwin told the committee that Mr George had inspected Mr Lammas’s vest as he was weighing out prior to the first race.  Mr George showed the vest to the committee pointing out several missing panels towards the top portion.

Mr Lammas explained that yesterday he had hung his vest out on the clothesline and while mowing the lawns he noticed his dog chewing on it.  He told how he immediately ordered a new one from Christchurch which he intends to pick up tomorrow when he travels south.

Mr Howarth said that he had known Mr Lammas for 15 years and vouched for his honesty.  He said that it was a lapse in concentration that he tried to weigh out in an unapproved vest and that he wasn’t trying to deceive anybody.

Mr Goodwin told the committee that the riders were very much aware of the health and safety issues surrounding the wearing of approved vests and the seriousness with which the Stewards regarded breaches of this rule.  He submitted that a period of suspension of between two and four weeks, in line with recent breaches, was appropriate.

Penalty

In coming to a decision on penalty the committee took into account all of the submissions put before it including Mr Lammas’s admittance of the breach. After visually inspecting the vest we accepted his explanation of it having being chewed by a dog.  This puts it apart from other recent cases where there have been deliberate alterations to vests and in the opinion of the committee this was significant in terms of setting penalty.  The committee did acknowledge however that Mr Lammas did not bring the damage to the Stewards attention and did intend riding with it in a damaged state.

Recent breaches of this rule have incurred penalties from three to four weeks however because of the mitigating circumstances referred to, the committee imposed a suspension beginning from the close of racing on Tuesday November 4^th until the close of racing on November 9^th 2008 – in effect four riding days.

N.Moffatt                   N.Harris

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hearing_type: Old Hearing

Rules: 850.1

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