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Feilding JC 02 June 2011 – R1

ID: JCA15419

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr C Dell - Licensed Jockey

Information Number:
5327

Hearing Type:
Hearing

Rules:
638(2)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Feilding JC - 2 June 2011

Meet Chair:
NMoffatt

Meet Committee Member 1:
CMcKay

Race Date:
2011/06/02

Race Number:
R1

Decision:

As the breach was admitted the charge was found to be proved.

Penalty:

Mr Dell was fined the sum of $150.

Charge:

Charge: Following race 1 an information was lodged with the Judicial Committee alleging a breach of Rule 638(2). The information stated that "C Dell made a celebratory gesture prior to the winning post".

Facts:

Mr Goodwin played the videos of the final stages of the race and identified Mr Dell as the clear leader with 100 metres to run. Just prior to the winning post Mr Dell made a series of gestures where he punched forward two times with his right arm.
 
 Mr Dell told the committee that while he was aware that making such a gesture was not allowed under the rules he had a rush of blood to the head. He had a close association with the connections of the horse and he was thrilled to get the win for them.

Submissions for Penalty:

Mr Goodwin said that Mr Dell had been an amateur rider prior to being licensed and had no charges under this rule. He said the Stewards considered this breach to be low key and made submissions for a $100 monetary penalty. They based this on other recent penalties for celebratory gestures prior to the post.

Mr Dell agreed that it was a minor offence and asked the committee to consider his riding fee of $115 and the small fee he would receive as his percentage of the winning stake.

Reasons for Penalty:

In coming to a decision on penalty the committee had regard to all of the submissions. Mr Dell has been riding long enough to be well aware that gestures such as he performed are not permissible under the rules.  The penalty guide for Judicial Committees suggests a $300 fine for offences under this rule but we have moved down from that figure. We took into account the nature of the gesture; Mr Dell did not raise his arm over his head and the “series of gestures” as described by the Stewards amounted to two quick movements of his arm only. Mr Dell did not sit up or become unbalanced as a result of his actions. We also gave credit for his record and admission of the breach.

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: 90e3f8a4b55cc24e32ea197e5f8229bb

informantnumber: 5327

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 25/05/2011

hearing_title: Feilding JC 02 June 2011 - R1

charge:

Charge: Following race 1 an information was lodged with the Judicial Committee alleging a breach of Rule 638(2). The information stated that "C Dell made a celebratory gesture prior to the winning post".

facts:

Mr Goodwin played the videos of the final stages of the race and identified Mr Dell as the clear leader with 100 metres to run. Just prior to the winning post Mr Dell made a series of gestures where he punched forward two times with his right arm.
 
 Mr Dell told the committee that while he was aware that making such a gesture was not allowed under the rules he had a rush of blood to the head. He had a close association with the connections of the horse and he was thrilled to get the win for them.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

As the breach was admitted the charge was found to be proved.

sumissionsforpenalty:

Mr Goodwin said that Mr Dell had been an amateur rider prior to being licensed and had no charges under this rule. He said the Stewards considered this breach to be low key and made submissions for a $100 monetary penalty. They based this on other recent penalties for celebratory gestures prior to the post.

Mr Dell agreed that it was a minor offence and asked the committee to consider his riding fee of $115 and the small fee he would receive as his percentage of the winning stake.

reasonsforpenalty:

In coming to a decision on penalty the committee had regard to all of the submissions. Mr Dell has been riding long enough to be well aware that gestures such as he performed are not permissible under the rules.  The penalty guide for Judicial Committees suggests a $300 fine for offences under this rule but we have moved down from that figure. We took into account the nature of the gesture; Mr Dell did not raise his arm over his head and the “series of gestures” as described by the Stewards amounted to two quick movements of his arm only. Mr Dell did not sit up or become unbalanced as a result of his actions. We also gave credit for his record and admission of the breach.

penalty:

Mr Dell was fined the sum of $150.

hearing_type: Hearing

Rules: 638(2)

Informant: Mr N Goodwin - Stipendiary Steward

JockeysandTrainer: Mr C Dell - Licensed Jockey

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 8dc6ef43eef2f63ebb19816091932cd3

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 04807546fe33dfb4df128b6b87898de8

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 02/06/2011

meet_title: Feilding JC - 2 June 2011

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: feilding-jc

meet_racingtype: thoroughbred-racing

meet_chair: NMoffatt

meet_pm1: CMcKay

meet_pm2: none

name: Feilding JC