Feilding JC – 3 June 2010 – R 3

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hearing_title: Feilding JC - 3 June 2010 - R 3

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  N. Goodwin

Defendant:  M.Ward

Information No:  5676

Meeting:  Feilding Jockey Club

Date:  3 June 2010

Venue:  Awapuni

Race:  3

Rule No:  610 (4)

Judicial Committee:  N. Moffatt, Chairman - T. Castles, Committee Member

Also Present:  Mr G Searle

CHARGES:

Following the running of Race 3 an information was lodged alleging a breach of rule 610 (4) in that M Ward rode in Race 3 with a vest which had been modified.

Rule 610 (4) reads:  “A Rider may not wear or have in their possession a body protector or a skull cap that has been modified in any way.”

FACTS:

Mr George told the committee that during a routine check of riders’ vests he noticed that Mr Ward was wearing one that had panels removed from each side. He produced the vest and showed the areas where three or four panels were missing from the back and sides.

Mr Ward said that he had loaned his own vest to someone else who hadn’t returned it so he had borrowed this vest from another person to use today. He did not notice that there were panels missing from it.

SUBMISSIONS ON PENALTY:

Mr Goodwin said that Mr Ward had never appeared before a judicial committee before. This was a major error and one which the Stewards viewed seriously due to safety reasons. There was no inference that Mr Ward modified the vest himself nor had it been modified to cover up a weight issue. Mr Goodwin submitted that a fine of between $400 and $800 was appropriate.

Mr Ward said that he realised his mistake and deeply regretted it.

Mr Searle said that he would ensure that Mr Ward had his own vest returned immediately.

REASONS:

In coming to a decision on penalty the committee took into account Mr Ward’s admission of the breach, his perfect record and his honesty in regard to the circumstances. The vest that he had worn was in very poor condition and was confiscated by Mr George.  The Stewards made it clear that Mr Ward was not facing a charge of modifying the vest himself and that he had no weight issues or reason to do so.

We were satisfied that Mr Ward was not trying to cheat the system and accept that this was a situation brought about by not having his own vest available to wear. He understood the seriousness of riding with a vest that did not meet safety standards.

PENALTY:

Accordingly Mr Ward was fined the sum of $500.

N. Moffatt                                T. Castles

CHAIR                                      Committee Member

5676

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hearing_type: Old Hearing

Rules: 610(4)

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race_title: R 3

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meetdate: 03/06/2010

meet_title: Feilding JC - 3 June 2010

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name: Feilding JC