Canterbury JC – 9 September 2005 – Race 7

Mr PT Holmes, an apprentice jockey, has been charged with a breach of Rule 520(4)(c), it being alleged that he allowed himself to be engaged to ride "Pushy Too" at a weight he would have had great difficulty in achieving. As a consequence, he was placed by Ms K Williams as he was three quarters of a kilogram in excess of the carded weight.

Mr Ching advised the committee that earlier in the day, Mr Holmes advised him that he would not be able to make the weight of 53.5 kilograms and that he would be three quarters of a kilogram over.

Mr Ching accordingly advised the trainer, Mr S Woodsford, who was not happy with having his jockey ride overweight, and cancelled the riding engagement of Mr Holmes.

Mr Ching told us that Mr Woodsford had informed him that Mr Holmes' agent had contracted Mr Holmes to ride at 53 kilograms. Thus, to all intends and purposes, Mr Holmes would have been one and three quarter kilograms overweight.

Mr MJ Walker, a licensed jockey, spoke on behalf of Mr Holmes and said that Mr Holmes had not come to the races to not ride the horse. He was in the sauna at 9 am to make the weight. Mr Walker acknowledged on Mr Holmes' behalf that "it is our job to make the weight".

Mr Holmes added that it was his belief that his agent had told the trainer that it would be a struggle for him i.e. Mr Holmes, to make the weight. Mr Holmes told us quite candidly that he had been warned on two to three occasions in the last six or seven months, about not meeting carded weights.

Mr Ching submitted that he believed that a suspension was an appropriate penalty. He said that he had spoken with a fellow Stipendiary Steward, Mr J Oatham, who told him that he had warned Mr Holmes and that he (Mr Oatham) believed that the weight that Mr Holmes allowed himself to be engaged for, was out of reach.

In response, Mr Holmes said that as it was a first offence that the matter should be dealt with by way of fine, and emphasise the mitigating features put forward on his behalf.

Having given careful thought to the matter, our conclusion is that a suspension is the appropriate penalty. Whilst it may be a first offence, and even though Mr Holmes had admitted the charge at the earliest opportunity, the aggravating features are:

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• Mr Holmes' admission through Mr Walker that he is not a lightweight jockey.
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• The fact that Mr Holmes has been warned of recent times about accepting lightweight rides.

In assessing the penalty, we have given Mr Holmes credit for the two mitigating factors set out above.

Thus, Mr Holmes is suspended from race riding from the conclusion of racing on Wednesday 14 September until the conclusion of race riding on Saturday 17^th September, that is, effectively, two race days.