Canterbury Racing – 9 May 2008 – Race 2

hearingid: ab9362beb50feee44537cf2567ac7e3e

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 09/05/2008

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Canterbury Racing - 9 May 2008 - Race 2

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Stipendiary Steward Mr S. C. Ching charged Jockey C. W. Johnson under Rule 520(4)(c) with allowing himself to be engaged to ride the horse “Pacific Eire” (6) when he could not make the carded weight of 54.5kg.

Stipendiary Steward Mr S. C. Ching charged Jockey C. W. Johnson under Rule 520(4)(c) with allowing himself to be engaged to ride the horse “Pacific Eire” (6) when he could not make the carded weight of 54.5kg.

 Mr Johnson agreed that he understood the rule and the charge.  He had indicated on the information that he admitted the breach of this rule, and he confirmed this at the hearing.

Stipendiary Steward Mr S. C. Ching gave evidence that Mr Johnson had advised the Stipendiary Stewards prior to the Race 2 that he could not make the correct weight (1kg overweight), and he was replaced by another rider.

Mr Johnson explained that he had nine rides at Woodville yesterday (8 May 2008) and that he had ridden at 54.5 kg on that day.  He had left Palmerston North at 7-10am this morning arriving in Christchurch at 9-10am.  He then had to go home and bring horses he trained to the races.  Because of the tight time schedule Mr Johnson said that he was unable to use the on course sauna, and that he would probably have been able to make the weight had he been able to.

Penalty:  

In relation to penalty Mr Ching said that Mr Johnson had no relevant previous convictions, and that he could not recall Mr Johnson being charged under this Rule previously.  Mr Ching also said that recent fines in similar circumstances had been $200-00 and $250-00, and he believed a fine would suffice in this case.

Mr Johnson had no relevant submissions to make as to penalty.

We adjourned to consider our decision on penalty, and on returning to the Enquiry Room we gave the following oral decision.

“In relation to penalty we have taken into account that the recommended starting point for a breach of this Rule is a fine of $300-00.

We take into account the following mitigating factors –

-         Mr Johnson’s guilty plea.

-         Mr Johnson has no relevant previous convictions.

-         Mr Johnson usually rides at the carded weight of 54.5 kg, but due to circumstances could not use a sauna before the races today.

For the above reasons we are satisfied that a fine of $200-00 is appropriate in this case and Mr Johnson is fined this amount.

J. M. Phelan

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 520.4.c

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: f6877b53debdc283bf36093d55052bd8

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 2

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 0416690c1cb62a46a4aefb1827fecca7

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 09/05/2008

meet_title: Canterbury Racing - 9 May 2008

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: canterbury-racing

meet_racingtype: thoroughbred-racing

meet_chair:

meet_pm1:

meet_pm2:

name: Canterbury Racing