Gore RC 20 January 2018 – R 2 – Chair, Prof G Hall
ID: JCA13029
Code:
Thoroughbred
Meet Title:
Gore RC - 20 January 2018
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2018/01/20
Race Number:
R 2
Decision:
As Mr Toolooa has admitted the breach, we find the breach proved.
Penalty:
We have regard to the wording of r 331(2) and note the breach was due to Mr Toolooa’s inexperience and inattentiveness. In the circumstances we do not order the forfeiture of Mr Toolooa’s riding fee. However, we fine him the sum of $200 and disqualify KATANGO from 9th placing as required by r 647.
Facts:
Mr Davidson alleged that Mr Toolooa (KATANGO) failed to weigh in after race 2, the ARCHER CORP'S MCANGUS FILLIES & MARES HANDICAP RATING 75 1335 metres. The Stewards asked that KATANGO be disqualified, and under r 331(2) they sought the forfeiture of Mr Toolooa’s riding fee.
Rule 647(1) provides: “All Riders in a Race shall weigh-in, unless excused from doing so by a Stipendiary Steward. A horse whose Rider does not weigh in shall, in addition to any other penalty which may be imposed, be disqualified from the Race….”
Rule 331(2) provides: “Where a horse is disqualified from a Race by reason of the fault or misconduct of the Rider the applicable riding fee shall not be payable provided however that if the Judicial Committee is satisfied the disqualification is due to inexperience or inadvertence it may direct that the Rider be paid the applicable riding fee.”
Mr Davidson explained that the respondent had finished second last (9th) in race 2 and had failed to weigh in. Mr McLaughlin, Stipendiary Steward, had realised this and had gone to the jockeys’ room to find Mr Toolooa but by the time he had got there the respondent was sitting down and preparing his gear for his next ride.
Mr Toolooa explained he had taken the wrong door to the jockeys’ room. We understand this to be the door that does not lead to the weighing area. He explained he had only ridden at Gore once before and it had slipped his mind that he had not weighed in.
Mr Walsh stated that Mr Toolooa had said to him that he had expected KATANGO, which was a favoured runner, to run well. The horse had missed the jump and was at the rear of the field, which was against the horse’s normal pattern of racing. Mr Toolooa was surprised by the events of the race and the horse’s poor performance, and was still thinking about this when he took the wrong door. He was one of the last to come in and had not been following another jockey at the time.
Submissions for Penalty:
Mr Davidson produced Mr Toolooa’s record, which was clear under this rule. He referred to the $300 starting point in the Penalty Guide. He believed a fine of $100 plus forfeiture of the riding fee was appropriate in the circumstances.
Mr Walsh emphasised that Mr Toolooa had not finished in a dividend or stakes bearing position. The breach was low end. He believed a fine was a sufficient penalty. There was no harm to the connections of the horse or to those who had invested on the horse. He spoke against the forfeiture of the riding fee, stating that Mr Toolooa would lose 50% of this and Ms McKay, the respondent’s employer, would lose 50% as well.
Reasons for Penalty:
Mr Toolooa has failed to weigh in. His mount finished second last. Connections and the betting public were thus not affected by his actions. We view the breach as low range. Mr Toolooa had been distracted by the poor performance of the horse and was not familiar with the layout of the jockeys’ room, and in particular, there being two doors in from the birdcage.
The starting point is a fine of $300. Mr Toolooa is an inexperienced apprentice with a clear record. The only case of assistance is that of Ms Z Moki at Wairarapa who failed to weigh in for fifth. There was a stake payable for that finishing position and thus the case differs from the one before us. Ms Moki was fined $250 and she forfeited her riding fee.
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: 389ae611cbc36ff6a0af1dd1e58b8081
informantnumber: A9725
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to weigh in
plea: admitted
penaltyrequired: 1
decisiondate: 23/01/2018
hearing_title: Gore RC 20 January 2018 - R 2 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that Mr Toolooa (KATANGO) failed to weigh in after race 2, the ARCHER CORP'S MCANGUS FILLIES & MARES HANDICAP RATING 75 1335 metres. The Stewards asked that KATANGO be disqualified, and under r 331(2) they sought the forfeiture of Mr Toolooa’s riding fee.
Rule 647(1) provides: “All Riders in a Race shall weigh-in, unless excused from doing so by a Stipendiary Steward. A horse whose Rider does not weigh in shall, in addition to any other penalty which may be imposed, be disqualified from the Race….”
Rule 331(2) provides: “Where a horse is disqualified from a Race by reason of the fault or misconduct of the Rider the applicable riding fee shall not be payable provided however that if the Judicial Committee is satisfied the disqualification is due to inexperience or inadvertence it may direct that the Rider be paid the applicable riding fee.”
Mr Davidson explained that the respondent had finished second last (9th) in race 2 and had failed to weigh in. Mr McLaughlin, Stipendiary Steward, had realised this and had gone to the jockeys’ room to find Mr Toolooa but by the time he had got there the respondent was sitting down and preparing his gear for his next ride.
Mr Toolooa explained he had taken the wrong door to the jockeys’ room. We understand this to be the door that does not lead to the weighing area. He explained he had only ridden at Gore once before and it had slipped his mind that he had not weighed in.
Mr Walsh stated that Mr Toolooa had said to him that he had expected KATANGO, which was a favoured runner, to run well. The horse had missed the jump and was at the rear of the field, which was against the horse’s normal pattern of racing. Mr Toolooa was surprised by the events of the race and the horse’s poor performance, and was still thinking about this when he took the wrong door. He was one of the last to come in and had not been following another jockey at the time.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Toolooa has admitted the breach, we find the breach proved.
sumissionsforpenalty:
Mr Davidson produced Mr Toolooa’s record, which was clear under this rule. He referred to the $300 starting point in the Penalty Guide. He believed a fine of $100 plus forfeiture of the riding fee was appropriate in the circumstances.
Mr Walsh emphasised that Mr Toolooa had not finished in a dividend or stakes bearing position. The breach was low end. He believed a fine was a sufficient penalty. There was no harm to the connections of the horse or to those who had invested on the horse. He spoke against the forfeiture of the riding fee, stating that Mr Toolooa would lose 50% of this and Ms McKay, the respondent’s employer, would lose 50% as well.
reasonsforpenalty:
Mr Toolooa has failed to weigh in. His mount finished second last. Connections and the betting public were thus not affected by his actions. We view the breach as low range. Mr Toolooa had been distracted by the poor performance of the horse and was not familiar with the layout of the jockeys’ room, and in particular, there being two doors in from the birdcage.
The starting point is a fine of $300. Mr Toolooa is an inexperienced apprentice with a clear record. The only case of assistance is that of Ms Z Moki at Wairarapa who failed to weigh in for fifth. There was a stake payable for that finishing position and thus the case differs from the one before us. Ms Moki was fined $250 and she forfeited her riding fee.
penalty:
We have regard to the wording of r 331(2) and note the breach was due to Mr Toolooa’s inexperience and inattentiveness. In the circumstances we do not order the forfeiture of Mr Toolooa’s riding fee. However, we fine him the sum of $200 and disqualify KATANGO from 9th placing as required by r 647.
hearing_type: Hearing
Rules: 647(1)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr S Toolooa - Apprentice Jockey
Otherperson: Mr D Walsh - Apprentice Jockey Mentor assisting Mr Toolooa
PersonPresent:
Respondent:
StipendSteward:
raceid: 0e1f3620e20c6a82e7c27b7c5fb7b7ba
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b6a59bc7105bf4f732bfa16bbcc5447f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/01/2018
meet_title: Gore RC - 20 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Gore RC