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Avondale JC 16 October 2013 – R 2

ID: JCA10986

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr L Molloy - Licensed Trainer

Information Number:
A6001

Hearing Type:
Hearing

Rules:
614(2)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 16 October 2013

Meet Chair:
ADooley

Race Date:
2013/10/16

Race Number:
R2

Decision:

As Mr Molloy admitted the breach I find the charge proved.

Penalty:

Accordingly, Mr Molloy was fined $200.

Charge:

Following race 2, Fell Engineering 2100, an information was filed pursuant to Rule 614(2). The Informant, Mr Williamson, alleged that Mr Molloy omitted a towel when saddling THE RECIDIVIST.

Rule 614 (2) provides: A person must not be neglectful or careless in saddling a horse. 

Facts:

Mr Williamson informed me that following the running of Race 2, Clerk of Scales, Mr Stewart, advised the Stewards that Mr Dee the rider of THE RECIDIVIST weighed in approximately 0.5kg light. He said when the Stewards carried out investigation it was established that Mr Dee weighed in minus a towel. The reason for this was Mr Molloy had omitted the towel which he had weighed out with when saddling up.

Mr Molloy admitted that he was neglectful in saddling THE RECIDIVIST when omitting a towel. He stated that it was an honest mistake.

Mr Molloy informed me that THE RECIDIVIST finished in last place.

Submissions for Penalty:

Mr Williamson said had THE RECIDIVIST run in the money the horse would have been disqualified and the consequences would have been higher. He made reference to similar breaches under this Rule which incurred fines of $250 and $350. He advised that Mr Molloy had a clear record under this Rule and submitted a fine in the range of $200 to $300 would be appropriate.

Mr Molloy submitted that the incident was at the low end of the scale and acknowledged the breach was part of the Rules of Racing.

Reasons for Penalty:

I carefully considered all the evidence and submissions presented. The mitigating factors are Mr Molloy's admission of the breach, his clear record in relation to this Rule and I accept today's breach was an honest mistake.

Mr Molloy is fully aware that any gear omission is serious because of the repercussions that could arise.

I referred to similar penalties which showed the $250 fine imposed was for a first offence and the $350 fine imposed was for the second offence by the same Trainer.

After taking into account all the above and placing emphasis on the mitigating factors I consider an appropriate penalty is a $200 fine.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 11ce7c3ccc3e2014610a1ba6801c22be


informantnumber: A6001


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/10/2013


hearing_title: Avondale JC 16 October 2013 - R 2


charge:

Following race 2, Fell Engineering 2100, an information was filed pursuant to Rule 614(2). The Informant, Mr Williamson, alleged that Mr Molloy omitted a towel when saddling THE RECIDIVIST.

Rule 614 (2) provides: A person must not be neglectful or careless in saddling a horse. 


facts:

Mr Williamson informed me that following the running of Race 2, Clerk of Scales, Mr Stewart, advised the Stewards that Mr Dee the rider of THE RECIDIVIST weighed in approximately 0.5kg light. He said when the Stewards carried out investigation it was established that Mr Dee weighed in minus a towel. The reason for this was Mr Molloy had omitted the towel which he had weighed out with when saddling up.

Mr Molloy admitted that he was neglectful in saddling THE RECIDIVIST when omitting a towel. He stated that it was an honest mistake.

Mr Molloy informed me that THE RECIDIVIST finished in last place.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Molloy admitted the breach I find the charge proved.


sumissionsforpenalty:

Mr Williamson said had THE RECIDIVIST run in the money the horse would have been disqualified and the consequences would have been higher. He made reference to similar breaches under this Rule which incurred fines of $250 and $350. He advised that Mr Molloy had a clear record under this Rule and submitted a fine in the range of $200 to $300 would be appropriate.

Mr Molloy submitted that the incident was at the low end of the scale and acknowledged the breach was part of the Rules of Racing.


reasonsforpenalty:

I carefully considered all the evidence and submissions presented. The mitigating factors are Mr Molloy's admission of the breach, his clear record in relation to this Rule and I accept today's breach was an honest mistake.

Mr Molloy is fully aware that any gear omission is serious because of the repercussions that could arise.

I referred to similar penalties which showed the $250 fine imposed was for a first offence and the $350 fine imposed was for the second offence by the same Trainer.

After taking into account all the above and placing emphasis on the mitigating factors I consider an appropriate penalty is a $200 fine.


penalty:

Accordingly, Mr Molloy was fined $200.


hearing_type: Hearing


Rules: 614(2)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr L Molloy - Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e8d5b0a4d63759ae160484fc30324b6b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a651ef2c094ab788d90151e624bd77fa


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/10/2013


meet_title: Avondale JC - 16 October 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Avondale JC