Non Raceday Inquiry – E J Dalley 31 January 09

hearingid: b37fac92f0b57eec9dd89bd86cb4667f

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry - E J Dalley 31 January 09

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Charge reads as follows :

“That on the23rd day of December 2008 at the trials conducted by the Cambridge Jockey Club, being a Licensed Apprentice Jockey within the meaning of Rule 303 of the New Zealand Rules of Racing, you did misconduct yourself within the meaning of Rule 304 of the said Rules IN THAT you failed to comply with the Directive of the Board of New Zealand Thoroughbred Racing which came into force on the 1^st day of August 2000 THAT you rode the horse being an unnamed 3yo filly Zabeel – So Like Lae in an unapproved Body Protector AND THAT you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1003 of the said Rules.”

Mr Dalley pleaded guilty to the charge and confirmed he had received a copy of the charge  and the relevant rule.

BEFORE A JUDICIAL COMMITTEE

AT HAMILTON

                                                                  IN THE MATTER         of the New Zealand Rules of Racing

                                                                  BETWEEN                   Mr J P OATHAM

                                                                                                      Stipendiary Steward

                                                                                                      NZ Thoroughbred Racing           

                                                                                                                             Informant

                                                                  AND                            Mr E J DALLEY

                                                                                                      Licensed Apprentice Jockey

                                                                                                                             Defendant

DATE OF HEARING                                    31 January 2009

VENUE                                                       Waikato Racing Club, Te Rapa, Hamilton

PRESENT                                                    Mr J P Oatham, Stipendiary Steward

                                                                  Mr M J Williamson, Stipendiary Steward

                                                                  for New Zealand Thoroughbred Racing, Informant

                                                                  Mr E Dalley, Licensed Apprentice Jockey, Defendant

                                                                  Mr R Priscott, Mr Dalley’s employer

JUDICIAL COMMITTEE                              Mr R Seabrook, Chair

                                                                  Mr G Downey

DECISION OF JUDICIAL COMMITTEE

NON RACEDAY INQUIRY

Charge reads as follows :

“That on the23rd day of December 2008 at the trials conducted by the Cambridge Jockey Club, being a Licensed Apprentice Jockey within the meaning of Rule 303 of the New Zealand Rules of Racing, you did misconduct yourself within the meaning of Rule 304 of the said Rules IN THAT you failed to comply with the Directive of the Board of New Zealand Thoroughbred Racing which came into force on the 1^st day of August 2000 THAT you rode the horse being an unnamed 3yo filly Zabeel – So Like Lae in an unapproved Body Protector AND THAT you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1003 of the said Rules.”

Mr Dalley pleaded guilty to the charge and confirmed he had received a copy of the charge  and the relevant rule.

Mr J Oatham said in his submissions that Mr Dalley had suffered a fall at the Cambridge trials on 23.12.08 at which time the Stewards noticed that Mr Dalley was wearing an unapproved vest.  Mr Oatham said Mr Dalley had been told in late August that he was not to wear this vest again as it was not an approved type under the rules.

Mr Dalley or Mr Priscott had nothing to say.

PENALTY SUBMISSIONS

Mr Oatham said it was Mr Dalley’s first charge in a career of 4 months, and was inexperienced.  However, he said Mr Dalley chose to ignore the warning not to wear such a vest.  He said a fine of $750 was warranted which is consistent with a precedent.

Mr Dalley or Mr Priscott did not wish to say anything when asked.

PENALTY

The Committee considered all submissions and before imposing penalty took into account Mr Dalley’s inexperience, his guilty plea and full co-operation with the Stewards.

The Committee did, however, point out to Mr Dalley the most serious aspect of the charge was his disregard of the Stewards’ instructions not to wear this type of vest again.  Accordingly, we fine Mr Dalley a sum of $750.

R M Seabrook               G Downey

Chairman

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