Waikato RC 18 July 2015 – R 4 (heard at Matamata on 22 July 2015)

hearingid: ff41be2809fc51ae8d9d12f0b4c2a3ed

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hearing_racingtype: thoroughbred-racing

startdate: 18/07/2015

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hearing_title: Waikato RC 18 July 2015 - R 4 (heard at Matamata on 22 July 2015)

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr J Oatham – Senior Stipendiary Steward

Respondent: Ms Z Moki – Apprentice Rider

Information No: A6914

Meeting: Waikato RC

Date: 18 July 2015 (heard at Matamata on 22 July 2015)

Venue: Te Rapa

Rule No: 330(3) (c)

Race: 4

Judicial Committee: A Dooley - Chairman

Plea: Admitted

Person's Present: – Mr N Harris – supporting Ms Moki

Charge:

Unable to make the required weight for SMOKED

Evidence:

An Information was lodged by Senior Stipendiary Steward, Mr J Oatham alleging that licensed apprentice rider, Ms Z Moki was unable to make the required weight in race 4 for SMOKED at the Waikato RC on 18 July 2015.

This charge was heard at the Matamata race meeting on 22 July 2015 due to the abandonment of the Waikato RC on 18 July 2015.

Rule 330(3)(c) states " A Rider shall not fail to ride a horse at the weight at which it is handicapped to carry".

Ms Moki was present at the hearing and acknowledged that she understood the Rule and that she admitted the breach. Mr Harris supported Ms Moki at the hearing.

Mr Oatham told the Committee that Ms Moki had been engaged to ride SMOKED in race 4 at Te Rapa on 18 July. He said the horse had been allotted 57.5 kg by the handicapper, and that on the morning of the races Ms Moki advised the Stewards she would not be able to make the weight. He said the riders had weighed out for that race and a replacement rider was found for SMOKED prior to the abandonment.

Ms Moki told the Committee that there had been a misunderstanding with her agent. She advised that she was not aware she was engaged to ride SMOKED which led her to having a meal the night before the race meeting.

Mr Harris said he has spoken to Ms Moki regarding the importance of not letting connections down when being engaged to ride their horse at an agreed weight.

In response to a question from the Committee, Ms Moki acknowledged that she may raise her registered weight which is currently 54kgs.

Decision:

As the breach was admitted the Committee find the charge proved.

Submission for Penalty:

Mr Oatham produced Ms Moki’s record which showed 5 previous breaches of this Rule in the last 12 months. He said they had been dealt with by way of Minor Infringement Notices with the most recent being on 17 July which incurred a $200 fine. He said clearly Ms Moki has to get on top of her weight issues and have better communication with her agent. Mr Oatham submitted a fine in the vicinity of $200 would be appropriate.

Ms Moki had nothing to add regarding her penalty.

Reasons for Penalty:

The Committee carefully considered the evidence and submissions presented. The only mitigating fact is Ms Moki’s admission of the breach. Ms Moki’s record shows she is clearly struggling with her weight and that is something she has to manage better. The Committee notes that Ms Moki breached this Rule on 17 July 2015 and was fined $200 therefore this breach warrants a small increase in penalty.

Penalty:

Accordingly, the Committee imposes a fine of $225 on Ms Moki.

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hearing_type: Old Hearing

Rules: 330(3)(c)

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