Egmont RC 10 August 2015 – R 3 – Chair, Mr T Castles
ID: JCA14532
Code:
Thoroughbred
Meet Title:
Egmont RC - 10 August 2015
Meet Chair:
TCastles
Meet Committee Member 1:
PWilliams
Race Date:
2015/08/10
Race Number:
R 3
Decision:
As the charge was admitted it was deemed proved.
Penalty:
Mr McNelis confirmed that he wished any period of suspension to begin after racing this coming Sunday at Wanganui as he wished to continue his association with a jumper he schools.
The postponement of the Hawera races from last Thursday until today (Monday 10th August 2015) allowed for this to fall within the deferment period. The stewards had no objection to this course of action.
Mr McNelis you are suspended from race riding from the completion of racing on Sunday the 16th of August 2015 until the completion of racing on Saturday the 5th of September 2015 (3 weeks or 6 Central Districts race days).
Facts:
The rule was read and Mr McNelis confirmed his understanding of the rule.
Mr M McNelis admitted a breach of Rule 340 – “in that Mr McNelis knowingly attempted to weigh out without his safety vest and stirrup irons”.
Rule 340 reads – “A licensed person, owner, lessee, racing manager, official or other persons bound by these rules must not misconduct himself in any matter relating to the conduct of races or racing.”
Mr M McNelis as an apprentice jockey is entitled to representation when answering a charge. Stipendiary Steward Mr Goodwin informed the committee that this has been discussed with him and he elected to proceed without his employer Mr M Eales as his representative. This was confirmed by Mr McNelis.
Mr Goodwin informed the committee that Mr McNelis attempted to weigh out without his vest and irons. He could only claim 3 ½ kilos and admitted to Mr B Bateup (Stipendiary Steward) upon him being found out that he attempted to “beat the system”.
Mr Goodwin informed the committee it was to Mr McNelis’ credit that he owned up immediately.
Mr McNelis in his submission told the committee he was having weight problems and yes, he attempted to beat the system. He couldn’t afford another fine. He had commenced an apprenticeship with Mr Eales and he also rode over jumps. He has had a number of weight related charges since he has been riding (approximately 3 years), the latest being last Sunday the 9th of August 2015 at Te Aroha, where he was fined $225.00.
Submissions for Penalty:
Mr Goodwin told the committee the stewards viewed this as a serious breach of the rule. Even thought he had not previously been charged under this rule, the number of weight related charges he has faced over the relatively short period of time he has been race riding and his deliberate attempt to beat the system ensured that he be charged under rule 340 (the misconduct rule).
He reiterated that Mr McNelis' record on weight related charges was not good, 4 previous charges all resulting in fines. Mr Goodwin produced examples of similar like breaches going back a number of years all resulting in periods of disqualification.
The stewards were very concerned over the deliberate nature of the offence. He asked for a period of disqualification.
Mr McNelis had little to add – confirming his deliberate attempt to beat the system. He also breaks in and pre-trains horses but his finances were less than shipshape and he agreed that he was in no position to pay a fine.
Reasons for Penalty:
The committee in coming to its decision to impose a period of suspension for this breach took into account his admittance and his immediate confirmation to Mr Bateup on his actions.
It was noted that this was his first breach of the rule 340.
However the committee was concerned about the regularities of his breaches of the overweight rule, and the deliberate manner in which he attempted to beat the system, resulting in the misconduct charge. He did show remorse in the room and realised he had some serious thinking to do on any further involvement in the racing industry because of his weight issues.
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: 8f5a86bcf392ac3cd09985b14bc22a1c
informantnumber: A2743
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Misconduct
plea: admitted
penaltyrequired: 1
decisiondate: 12/08/2015
hearing_title: Egmont RC 10 August 2015 - R 3 - Chair, Mr T Castles
charge:
facts:
The rule was read and Mr McNelis confirmed his understanding of the rule.
Mr M McNelis admitted a breach of Rule 340 – “in that Mr McNelis knowingly attempted to weigh out without his safety vest and stirrup irons”.
Rule 340 reads – “A licensed person, owner, lessee, racing manager, official or other persons bound by these rules must not misconduct himself in any matter relating to the conduct of races or racing.”
Mr M McNelis as an apprentice jockey is entitled to representation when answering a charge. Stipendiary Steward Mr Goodwin informed the committee that this has been discussed with him and he elected to proceed without his employer Mr M Eales as his representative. This was confirmed by Mr McNelis.
Mr Goodwin informed the committee that Mr McNelis attempted to weigh out without his vest and irons. He could only claim 3 ½ kilos and admitted to Mr B Bateup (Stipendiary Steward) upon him being found out that he attempted to “beat the system”.
Mr Goodwin informed the committee it was to Mr McNelis’ credit that he owned up immediately.
Mr McNelis in his submission told the committee he was having weight problems and yes, he attempted to beat the system. He couldn’t afford another fine. He had commenced an apprenticeship with Mr Eales and he also rode over jumps. He has had a number of weight related charges since he has been riding (approximately 3 years), the latest being last Sunday the 9th of August 2015 at Te Aroha, where he was fined $225.00.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was deemed proved.
sumissionsforpenalty:
Mr Goodwin told the committee the stewards viewed this as a serious breach of the rule. Even thought he had not previously been charged under this rule, the number of weight related charges he has faced over the relatively short period of time he has been race riding and his deliberate attempt to beat the system ensured that he be charged under rule 340 (the misconduct rule).
He reiterated that Mr McNelis' record on weight related charges was not good, 4 previous charges all resulting in fines. Mr Goodwin produced examples of similar like breaches going back a number of years all resulting in periods of disqualification.
The stewards were very concerned over the deliberate nature of the offence. He asked for a period of disqualification.
Mr McNelis had little to add – confirming his deliberate attempt to beat the system. He also breaks in and pre-trains horses but his finances were less than shipshape and he agreed that he was in no position to pay a fine.
reasonsforpenalty:
The committee in coming to its decision to impose a period of suspension for this breach took into account his admittance and his immediate confirmation to Mr Bateup on his actions.
It was noted that this was his first breach of the rule 340.
However the committee was concerned about the regularities of his breaches of the overweight rule, and the deliberate manner in which he attempted to beat the system, resulting in the misconduct charge. He did show remorse in the room and realised he had some serious thinking to do on any further involvement in the racing industry because of his weight issues.
penalty:
Mr McNelis confirmed that he wished any period of suspension to begin after racing this coming Sunday at Wanganui as he wished to continue his association with a jumper he schools.
The postponement of the Hawera races from last Thursday until today (Monday 10th August 2015) allowed for this to fall within the deferment period. The stewards had no objection to this course of action.
Mr McNelis you are suspended from race riding from the completion of racing on Sunday the 16th of August 2015 until the completion of racing on Saturday the 5th of September 2015 (3 weeks or 6 Central Districts race days).
hearing_type: Hearing
Rules: 340
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr M McNelis - Apprentice Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f6ee85de2ca55862ca1e98537da1ce5f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e3f10feaea59084d658da6de571ae18e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/08/2015
meet_title: Egmont RC - 10 August 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: egmont-rc
meet_racingtype: thoroughbred-racing
meet_chair: TCastles
meet_pm1: PWilliams
meet_pm2: none
name: Egmont RC