Counties RC 28 May 2014 – R 3
ID: JCA16791
Code:
Thoroughbred
Meet Title:
Counties RC - 28 May 2014
Meet Chair:
ADooley
Race Date:
2014/05/28
Race Number:
R3
Decision:
As Mr Phelan admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr Phelan is fined $250.
Facts:
Following the running of race 3, Silver Fern Marquees 1600, an Information was filed pursuant to Rule 610 (2) (a). The Informant, Mr Coles, alleged that Mr Phelan rode the horse CHESNEE in a body protector which is not approved.
Mr Phelan acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
Rule 610(2) (a) provides: A Rider shall, when mounted on a horse, wear:
a properly fastened body protector of a type and standard approved by NZTR, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states that it complies with the relevant type and standard approved by NZTR.
Mr Coles told the Committee following race 3 Mr Oatham noticed Mr Phelan wearing an unapproved body protector. During the Stewards' investigation it was found Mr Phelan had lent his body protector to his partner Ms Farr who was competing in jumping trials at Waverley today. Mr Coles said when arriving on course Mr Phelan borrowed a body protector from another rider and did not check to ensure the vest was to the approved standard. He added Mr Phelan rode in the unapproved vest.
Mr Phelan confirmed the evidence presented by the Stewards was correct. He said Ms Farr was awaiting her body protector to be delivered via the post after being retained at the airport last Wednesday. Mr Phelan added he thought he could trust another jockey to have an approved body protector.
In response to a question from the Committee, Mr Coles said the Stewards did not believe there was any intent on Mr Phelan’s part.
Submissions for Penalty:
Mr Coles produced Mr Phelan’s record which showed no previous breaches under this Rule. He said Mr Phelan had made a mistake on this occasion. He said normally a high monetary penalty would be appropriate however under the circumstances the Stewards submitted a fine in the range of $150 to $200.
Mr Phelan asked the Committee to take into account the limited riding opportunities and earning capacity for jump riders.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Phelan’s admission of the breach and his clear record under this Rule. The Committee had regard for the fact Mr Phelan is a Class D rider. The aggravating fact is Mr Phelan rode in the race wearing an unapproved body protector and safety for all riders is paramount.Therefore the need to comply with wearing the correct vests is critical.
The Committee verified the JCA penalty guide which recommends a starting point of $600. The Committee accepts there was no intent by Mr Phelan and it was a genuine error on his part. However, Mr Phelan as a licensed rider has an obligation to ensure compliance with the Rules.
The Committee verified the JCA archive listing of penalties for similar breaches. This showed fines ranged from $175 to $500 and fact dependent.
After taking into account all the above factors the Committee considers $250 to be an appropriate penalty.
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: a0f2c3ec0535cd3aa422008ff7e67e0b
informantnumber: A4118
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Unapproved body protector
plea: admitted
penaltyrequired: 1
decisiondate: 26/05/2014
hearing_title: Counties RC 28 May 2014 - R 3
charge:
facts:
Following the running of race 3, Silver Fern Marquees 1600, an Information was filed pursuant to Rule 610 (2) (a). The Informant, Mr Coles, alleged that Mr Phelan rode the horse CHESNEE in a body protector which is not approved.
Mr Phelan acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
Rule 610(2) (a) provides: A Rider shall, when mounted on a horse, wear:
a properly fastened body protector of a type and standard approved by NZTR, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states that it complies with the relevant type and standard approved by NZTR.
Mr Coles told the Committee following race 3 Mr Oatham noticed Mr Phelan wearing an unapproved body protector. During the Stewards' investigation it was found Mr Phelan had lent his body protector to his partner Ms Farr who was competing in jumping trials at Waverley today. Mr Coles said when arriving on course Mr Phelan borrowed a body protector from another rider and did not check to ensure the vest was to the approved standard. He added Mr Phelan rode in the unapproved vest.
Mr Phelan confirmed the evidence presented by the Stewards was correct. He said Ms Farr was awaiting her body protector to be delivered via the post after being retained at the airport last Wednesday. Mr Phelan added he thought he could trust another jockey to have an approved body protector.
In response to a question from the Committee, Mr Coles said the Stewards did not believe there was any intent on Mr Phelan’s part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Phelan admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Phelan’s record which showed no previous breaches under this Rule. He said Mr Phelan had made a mistake on this occasion. He said normally a high monetary penalty would be appropriate however under the circumstances the Stewards submitted a fine in the range of $150 to $200.
Mr Phelan asked the Committee to take into account the limited riding opportunities and earning capacity for jump riders.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Phelan’s admission of the breach and his clear record under this Rule. The Committee had regard for the fact Mr Phelan is a Class D rider. The aggravating fact is Mr Phelan rode in the race wearing an unapproved body protector and safety for all riders is paramount.Therefore the need to comply with wearing the correct vests is critical.
The Committee verified the JCA penalty guide which recommends a starting point of $600. The Committee accepts there was no intent by Mr Phelan and it was a genuine error on his part. However, Mr Phelan as a licensed rider has an obligation to ensure compliance with the Rules.
The Committee verified the JCA archive listing of penalties for similar breaches. This showed fines ranged from $175 to $500 and fact dependent.
After taking into account all the above factors the Committee considers $250 to be an appropriate penalty.
penalty:
Accordingly, Mr Phelan is fined $250.
hearing_type: Hearing
Rules: 610(2)(a)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr S Phelan - Class D Rider of CHESNEE
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 397a7012704f8aa3dad8c575cc4025ce
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3443e4ee3cdf6cca6a74b8ae0f546512
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/05/2014
meet_title: Counties RC - 28 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Counties RC