hearingid: 6872986f4b93aaa6c690b5a729079dc8

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 21/02/2009

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Canterbury JC - 21 February 2009 - Race 10

charge:

facts:

appealdecision:

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Decision:

As a result of information that came to hand following the weigh in after Race 10 at the Canterbury Jockey Club’s meeting on Saturday 21 February 2009, Mr PT Holmes, Licensed Jockey, was charged pursuant to Rule 858 (1)(b) of the Rules of Racing.

It was alleged that after weighing out for his mount “The Take” he swapped vests, which is not allowed under the Rules.

As a result of information that came to hand following the weigh in after Race 10 at the Canterbury Jockey Club’s meeting on Saturday 21 February 2009, Mr PT Holmes, Licensed Jockey, was charged pursuant to Rule 858 (1)(b) of the Rules of Racing.

It was alleged that after weighing out for his mount “The Take” he swapped vests, which is not allowed under the Rules.

Rule 858(1(b) reads as follows:

“Every rider commits a breach of these Rules who ………………………

(b)        Does or permits any wrongful act or omission with respect to weight or

weighing;

Initially, the information was lodged pursuant to Rule 858(4) but Mr Ching made application to amend the information and that application was granted.  Mr Holmes was given the opportunity to comment, but he agreed that the information could be changed.

THE FACTS

Mr Holmes weighed out for Race 10 wearing a vest that belonged to Mr RJ Bishop, Licensed Jockey.  He then returned to the Jockeys’ Room and changed that vest for one that belonged to him.  He candidly admitted to the hearing that his own vest was 0.2 of a kilogramme lighter than that of Mr Bishop’s. 

Mr Holmes admitted the charge which is therefore deemed to be proved.

PENALTY DECISION

Mr Ching submitted that a fine of between $150 and $250 should be imposed.  However, it should be noted that this recommendation was outside the starting point set out in the Penalty Guide. 

We delivered the following oral decision:

“We have given consideration to the penalty to be imposed in this case, and we agree that a fine is the appropriate penalty.  Mr Holmes, we do, however, nurse some concerns about your actions.  At the best, your actions were reckless or negligent, but at the worst they were deliberate and designed to gain advantage.

Mr Ching has submitted a fine in the region of $150 to $250.  We have had reference to the Penalty Guide which recommends a fine for the first offence at a starting point of $400.

We are going to give you credit for your guilty plea and to also give you the benefit of the doubt, and to accept that your action was negligent, or that you did not really give too much thought to the matter.  We impose a fine of $300.  Do not let this happen again.

KG Hales

Chairman

RG McKenzie

sumissionsforpenalty:

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penalty:

hearing_type: Old Hearing

Rules: 858.1.b, 858.4

Informant:

JockeysandTrainer:

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StipendSteward:

raceid: 987401a6d3960e72e3466f880094330c

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 10

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race_pm2:

meetid: b2eaf2714d0ef655a30c3899a4916f38

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 21/02/2009

meet_title: Canterbury JC - 21 February 2009

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tracklocation: canterbury-jc

meet_racingtype: thoroughbred-racing

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name: Canterbury JC