Feilding JC 25 April 2018 – R 7 – Chair, Mr T Utikere
ID: JCA12593
Code:
Thoroughbred
Meet Title:
Feilding JC - 25 April 2018
Meet Chair:
TUtikere
Meet Committee Member 1:
NMcCutcheon
Race Date:
2018/04/25
Race Number:
R1
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Rusof is fined $400.
Facts:
Prior to the running of Race 7 (MANAWATU ITM ANZAC 1550m), Information A8831 was filed with the Judicial Committee. It alleged a breach of rule 330(3)(c) and stated that Mr S Rusof “failed to make the weight for TEMPLE TIGER”.
Rule 330(3)(c) states:
“A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.
Mr Rusof confirmed that he understood the rule and admitted the breach.
Mr Oatham identified that while he was in the Jockeys Room after Race 3, Mr Rusof had advised him that he was unable to make the weight of 53kgs for his mount (TEMPLE TIGER) in Race 7. He advised Mr Oatham that he was 1 kg over the carded weight and that he had made contact with the Trainer, Mr Hennessy to advise of the need for a replacement rider.
Mr Rusof said that when the ‘race card’ came out two days ago, he saw that he was listed as riding TEMPLE TIGER at 53kgs. While he had a Manager (Dean Williams), he did not let anyone know that he would be unable to ride at the carded weight as his name had already been declared.
In response to a question from the Committee, Mr Rusof could not recall when he last rode at 53kgs.
Submissions for Penalty:
Mr Goodwin confirmed that a second breach of this rule attracts a penalty of $200 under the Minor Infringement Scheme. Mr Rusof had a breach of this rule in relation to a Listed Race on 31 March 2018 at Manawatu RC, and as the current breach was also in relation to a Listed Race, the Stipendiary Stewards elected to progress this breach by way of an Information rather than a Minor Infringement.
Mr Goodwin sought a fine of not less than $300.
Mr Oatham identified that Mr Rusof had previously been apprenticed to Te Akau before returning to Singapore to ride. He had arrived back in New Zealand on 10 March and had had 22 rides leading into today’s race meeting. Mr Oatham also suggested that Mr Rusof have his riding weight amended to 54kgs over the winter months.
Mr Rusof had no submissions on penalty.
Reasons for Penalty:
The Committee considered all of the submissions placed before it. A second breach of this rule attracts a $200 fine under the Minor Infringement Scheme. The Stipendiary Stewards have elected to file an Information with the Committee, seeking a penalty higher than that; which is their prerogative.
The $200 Minor Infringement fine is on the basis of an admission of the breach and takes account of the fact that this would be the second breach within a defined period of time. Therefore, if we adopt $200 as our starting point and look to any aggravating factors that would warrant an uplift, we can identify three such factors. Firstly, Mr Rusof was aware that he would be unable to ride at the carded weight two days prior to the race meeting, yet he did not advise connections of this until the day of the meeting. He has a racing manager, so could have communicated this to him the moment he became aware. By choosing to wait, he has placed the connections of TEMPLE TIGER in the difficult position of trying to secure an alternative rider when he had the opportunity to avoid such a situation. The second aggravating factor is that he has known that he has been unable to ride at 53kgs for quite some time. Finally, this relates to a Listed Race, where higher stakes are on offer. As such, we consider an uplift of $200 for these factors as appropriate.
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: 3be548e1b119b80bb6634642982e0a7e
informantnumber: A8831
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to make contracted weight
plea: admitted
penaltyrequired: 1
decisiondate: 25/04/2018
hearing_title: Feilding JC 25 April 2018 - R 7 - Chair, Mr T Utikere
charge:
facts:
Prior to the running of Race 7 (MANAWATU ITM ANZAC 1550m), Information A8831 was filed with the Judicial Committee. It alleged a breach of rule 330(3)(c) and stated that Mr S Rusof “failed to make the weight for TEMPLE TIGER”.
Rule 330(3)(c) states:
“A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.
Mr Rusof confirmed that he understood the rule and admitted the breach.
Mr Oatham identified that while he was in the Jockeys Room after Race 3, Mr Rusof had advised him that he was unable to make the weight of 53kgs for his mount (TEMPLE TIGER) in Race 7. He advised Mr Oatham that he was 1 kg over the carded weight and that he had made contact with the Trainer, Mr Hennessy to advise of the need for a replacement rider.
Mr Rusof said that when the ‘race card’ came out two days ago, he saw that he was listed as riding TEMPLE TIGER at 53kgs. While he had a Manager (Dean Williams), he did not let anyone know that he would be unable to ride at the carded weight as his name had already been declared.
In response to a question from the Committee, Mr Rusof could not recall when he last rode at 53kgs.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Goodwin confirmed that a second breach of this rule attracts a penalty of $200 under the Minor Infringement Scheme. Mr Rusof had a breach of this rule in relation to a Listed Race on 31 March 2018 at Manawatu RC, and as the current breach was also in relation to a Listed Race, the Stipendiary Stewards elected to progress this breach by way of an Information rather than a Minor Infringement.
Mr Goodwin sought a fine of not less than $300.
Mr Oatham identified that Mr Rusof had previously been apprenticed to Te Akau before returning to Singapore to ride. He had arrived back in New Zealand on 10 March and had had 22 rides leading into today’s race meeting. Mr Oatham also suggested that Mr Rusof have his riding weight amended to 54kgs over the winter months.
Mr Rusof had no submissions on penalty.
reasonsforpenalty:
The Committee considered all of the submissions placed before it. A second breach of this rule attracts a $200 fine under the Minor Infringement Scheme. The Stipendiary Stewards have elected to file an Information with the Committee, seeking a penalty higher than that; which is their prerogative.
The $200 Minor Infringement fine is on the basis of an admission of the breach and takes account of the fact that this would be the second breach within a defined period of time. Therefore, if we adopt $200 as our starting point and look to any aggravating factors that would warrant an uplift, we can identify three such factors. Firstly, Mr Rusof was aware that he would be unable to ride at the carded weight two days prior to the race meeting, yet he did not advise connections of this until the day of the meeting. He has a racing manager, so could have communicated this to him the moment he became aware. By choosing to wait, he has placed the connections of TEMPLE TIGER in the difficult position of trying to secure an alternative rider when he had the opportunity to avoid such a situation. The second aggravating factor is that he has known that he has been unable to ride at 53kgs for quite some time. Finally, this relates to a Listed Race, where higher stakes are on offer. As such, we consider an uplift of $200 for these factors as appropriate.
penalty:
Mr Rusof is fined $400.
hearing_type: Hearing
Rules: Rule 330(3)(c)
Informant: Mr N Goodwin - Sitpendiary Steward
JockeysandTrainer: Mr S Rusof - Licensed Rider
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5687285e9c72e234212e58517d9c8888
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: 5cff9247ec5408979ae7d720572b3ba4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/04/2018
meet_title: Feilding JC - 25 April 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: feilding-jc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: NMcCutcheon
meet_pm2: none
name: Feilding JC