Canterbury JC – 6 August 2008 –

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hearing_racingtype: thoroughbred-racing

startdate: 06/08/2008

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hearing_title: Canterbury JC - 6 August 2008 -

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Following the running of Race 6,  Durham Ogilvie – HANZ Life Member Premier Maiden, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr D G Bradley, alleging a breach of Rule 858 (3) in that Mr Bradley “weighed in 0.7 kg under his weigh out weight for his mount RHYTHM MASTER”.

DECISION AND REASONS:

Following the running of Race 6,  Durham Ogilvie – HANZ Life Member Premier Maiden, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr D G Bradley, alleging a breach of Rule 858 (3) in that Mr Bradley “weighed in 0.7 kg under his weigh out weight for his mount RHYTHM MASTER”.

Mr Bradley was present at the hearing of the information and did not admit the breach.

Rule 858 (3) provides as follows:

Every rider whose weight on weighing in exceeds or is less than the proper weight as defined in and with the allowance permitted by Rule 857 (3) and the trainer or other person in charge of the horse ridden by such rider commit a breach of this Rule.

Mr Ching said that prior to Race, Mr Bradley, who was to ride RHYTHM MASTER in that Race, went to weigh out and was found to be light. He went away, came back and weighed out at the correct weight (58 kg). The saddle was picked up from near the door of the jockey’s room by Elin Whittle, an employee of the trainer, Mr M R Pitman. She took it to the stabling area and remained by it waiting to saddle the horse. Mrs Whittle saddled the horse and another staff member of Mr Pitman’s led the horse into the birdcage.

Following the Race (in which RHYTHM KING was placed 2^nd) Mr Bradley weighed in and was found to be 0.7 kg under the weigh-out weight of 58 kg. Mr Bradley was re-weighed and it was checked by Mr N J Goodwin, Stipendiary Steward. The Rule gives an allowance of 0.5 kg but Mr Bradley was 200 grams lighter than that. RHYTHM MASTER was subsequently disqualified from the Race.

Mr Ching said that the Stipendiary Stewards believed that Mr Bradley was responsible as the trail from the Clerk of the Scales to the saddling area was established. It was not apparent that any piece of gear or lead was missing. An error had been made at some stage but the Stewards were unsure as to what had happened.

Mr Bradley acknowledged that what Mr Ching had said was correct. He said that, on weighing in after the Race, he was just under the 0.5 kg allowance. He then waited for the remaining jockeys to weigh in before getting back on the scales. On doing so, he was actually lighter again, Mr Bradley said. He checked to confirm that all of his gear was present, all the lead was there and nothing was missing. He was unable to offer any explanation.

Mr Bradley explained that he is particularly light at the moment and keeps losing weight. He had eaten a sandwich during the day to prevent weight loss. He did not go to the toilet after weighing out for the ride. Mr Bradley acknowledged that punters had “missed out” and he felt bad for the owners of the horse.

In summing up, Mr Ching said that the amount of 0.7 kg was a lot of weight - it was 0.7 of a litre. There was obviously something missing. The responsibility was on the rider where nothing could be pointed to in the “chain of evidence”.

DECISION OF COMMITTEE

Following a brief deliberation, the Committee delivered the following oral decision:

“There is no dispute in this case that Mr Bradley did weigh in 0.7 kg light after riding RHYTHM MASTER into 2^nd placing in Race 6. What is not known is how that came to happen. There is no matter that we have been made aware of that can be pointed to as the cause of this situation. We do, however, accept that there was no deliberate act on Mr Bradley’s part. However, the bottom line is that, in the Committee’s view, a breach of this Rule is one of strict liability – in other words, liability without fault. We believe that it is not necessary for the Stipendiary Stewards to show that the jockey was at fault – the fact that the breach has been committed, in this case the facts speak for themselves, is sufficient to found the charge. The onus has to be on a jockey to ensure that, short of some act or omission by the trainer or the person saddling the horse, he is able to make the correct weight on weighing in. If we were to dismiss this charge, we would be opening the door for every rider weighing in light to present a defence along the same lines. Quite simply put, the lack of any explanation for what happened is not a defence to the charge. So, we find the charge proved.”

PENALTY SUBMISSIONS

Mr Ching said that Mr Bradley’s record was clean. The Stewards regarded the matter as being “very serious”. Punters with quinella, trifecta and place dividends and connections had been affected. Mr Ching said he believed a suspension was called for and said that a term of 3-4 weeks was appropriate due to the “serious nature of the consequences”.

Mr Bradley submitted that the recommended penalty was “very harsh”. He submitted that he had “been through quite a bit” recently and a suspension of 3-4 weeks would be very harsh. He said that he had not had this happen to him previously. Riding was his only source of income.

It was established, in discussion, that there were no helpful precedents as to the appropriate penalty. Such a breach is not common.

Mr Bradley sought a deferment of the suspension until after Saturday, 9 August next. It was not disputed that he had engagements for that meeting.

DECISION ON PENALTY

In determining penalty, the Committee took into account Mr Bradley’s previous good record and the particular facts of this case and, in particular, that there was no explanation for Mr Bradley’s weighing in light. This was not a case where the jockey had done something intentionally or negligently that led to the state of affairs.

However, the Committee had to have regard to the requirements or Rule 1122 (2) and, in particular, to the consequential effects upon other persons as a result of the breach and also the need to maintain integrity and public confidence in racing.  In addition, the Committee viewed the breach as a serious one.

The Penalty Guide for Judicial Committees issued by the Judicial Control Authority for Racing suggests, for a breach of Rule 858 (3) by a jockey, a suspension for one month and a fine of $2,000. We are, however, required to impose penalties appropriate to the circumstances of the matter before us.

Mr Ching has suggested a suspension for a term between 3-4 weeks. The Committee believes that a term of suspension is called for in the light of the matters referred to. The Committee is mindful that Mr Bradley has recently returned to race riding following a period of disqualification and is attempting to get re-established. The Committee is prepared to extend some leniency to Mr Bradley to assist him in becoming re-established. For this reason, we have decided to shorten the period of suspension to one of 2 weeks, but to impose a monetary penalty in lieu of a longer penalty of suspension.

Mr Bradleys’ jockey’s licence is suspended from after the close of racing on Saturday, 9 August next, up to and including Friday, 22 August next and, in addition, is fined the sum of $1,250. 

R G McKenzie

CHAIRMAN  

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hearing_type: Old Hearing

Rules: 858.3, 857.3, 1122.2

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