Marlborough RC – 26 April 2009 – Race 10
ID: JCA20664
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Marlborough RC - 26 April 2009
Race Date:
2009/04/26
Race Number:
Race 10
Decision:
Information 7478 was filed by Stipendiary Steward Mr R Neal against Mr I Khairil under rule 520 (4)(c) alleging that I Kharil (sic) was unable to make the contract weight of 53 kg on “OOBLIX” (Race 10) and was replaced by C Spittles.
--
Information 7478 was filed by Stipendiary Steward Mr R Neal against Mr I Khairil under rule 520 (4)(c) alleging that I Kharil (sic) was unable to make the contract weight of 53 kg on “OOBLIX” (Race 10) and was replaced by C Spittles.
--Rule 520 (4)(c) states “Every rider commits a breach of these rules who.....wilfully or without reasonable cause permits himself to be engaged to ride a horse when he knows or ought to know that he will not be able to ride the horse at weight which it is handicapped to carry or such other weight at which he agrees to ride the horse”.
--Mr Khairil, who was assisted by licensed trainer Mr S Marr, indicated on the information he admitted this breach of the rules and he confirmed this at the hearing. He also agreed he understood the charge and the rule it was laid under.
--Stipendiary Steward Mr Neal said the Clerk of the Scales had advised earlier in the day that Mr Khairil was unable to make the carded weight of 53 kg for OOBLIX in race 10. Mr Neal said Mr Khairil had advised the trainer of OOBLIX (Ms Middleton) that there might be an issue in him making the weight but she was clearly under the impression he would be able to ride her horse at the carded weight. Mr Neal also advised that on the first day of the meeting Mr Khairil advised him he wanted his minimum riding weight listed in the Racing Calendar increased from 54kg to 55kg and yet he still accepted a ride at 53 kg on the second day of the meeting.
--Mr Marr stated Mr Khairil had a sauna on Saturday evening to reduce his weight and conceded Mr Khairil should have advised the stewards earlier than he did that he would be unable to make the carded weight.
--Penalty Submission
--Mr Neal advised Mr Khairil had breached the same rule on 13 April 2009 at Riverton where he was fined $150 for being 1.5kg overweight. He submitted the very late advice of the overweight was unacceptable as it placed pressure on the trainer to find a replacement rider at short notice and also affected the betting public. He said that the matter should be dealt with by way of a fine of not less than $300. Mr Marr said he thought the recommendation was a fair one.
--Decision
--In coming to a decision on penalty the Committee considered all the submissions put before us. In particular we note that, having advised the stewards on the first day of the meeting that your minimum riding weight should now be listed in the racing calendar at 55kg, you nevertheless accepted a ride with a carded weight of 53 kg. We also note that this is your second breach of the rule in a fortnight. You are fined $300.
----
P Williams J Phelan
Chair Committee Member
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: 75da42e0d6a89e355b9b777f53b28065
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 26/04/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Marlborough RC - 26 April 2009 - Race 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Information 7478 was filed by Stipendiary Steward Mr R Neal against Mr I Khairil under rule 520 (4)(c) alleging that I Kharil (sic) was unable to make the contract weight of 53 kg on “OOBLIX” (Race 10) and was replaced by C Spittles.
--
Information 7478 was filed by Stipendiary Steward Mr R Neal against Mr I Khairil under rule 520 (4)(c) alleging that I Kharil (sic) was unable to make the contract weight of 53 kg on “OOBLIX” (Race 10) and was replaced by C Spittles.
--Rule 520 (4)(c) states “Every rider commits a breach of these rules who.....wilfully or without reasonable cause permits himself to be engaged to ride a horse when he knows or ought to know that he will not be able to ride the horse at weight which it is handicapped to carry or such other weight at which he agrees to ride the horse”.
--Mr Khairil, who was assisted by licensed trainer Mr S Marr, indicated on the information he admitted this breach of the rules and he confirmed this at the hearing. He also agreed he understood the charge and the rule it was laid under.
--Stipendiary Steward Mr Neal said the Clerk of the Scales had advised earlier in the day that Mr Khairil was unable to make the carded weight of 53 kg for OOBLIX in race 10. Mr Neal said Mr Khairil had advised the trainer of OOBLIX (Ms Middleton) that there might be an issue in him making the weight but she was clearly under the impression he would be able to ride her horse at the carded weight. Mr Neal also advised that on the first day of the meeting Mr Khairil advised him he wanted his minimum riding weight listed in the Racing Calendar increased from 54kg to 55kg and yet he still accepted a ride at 53 kg on the second day of the meeting.
--Mr Marr stated Mr Khairil had a sauna on Saturday evening to reduce his weight and conceded Mr Khairil should have advised the stewards earlier than he did that he would be unable to make the carded weight.
--Penalty Submission
--Mr Neal advised Mr Khairil had breached the same rule on 13 April 2009 at Riverton where he was fined $150 for being 1.5kg overweight. He submitted the very late advice of the overweight was unacceptable as it placed pressure on the trainer to find a replacement rider at short notice and also affected the betting public. He said that the matter should be dealt with by way of a fine of not less than $300. Mr Marr said he thought the recommendation was a fair one.
--Decision
--In coming to a decision on penalty the Committee considered all the submissions put before us. In particular we note that, having advised the stewards on the first day of the meeting that your minimum riding weight should now be listed in the racing calendar at 55kg, you nevertheless accepted a ride with a carded weight of 53 kg. We also note that this is your second breach of the rule in a fortnight. You are fined $300.
----
P Williams J Phelan
Chair Committee Member
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 520.4.c
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fe73fb19b2019f29857120fa2821559a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d6cbcdc8abf54ff42e0b8cd43a5cd758
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/04/2009
meet_title: Marlborough RC - 26 April 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-rc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Marlborough RC