Hawkes Bay RI 29 June 2013 – R 4
ID: JCA12584
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 29 June 2013
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2013/06/29
Race Number:
Race 4
Decision:
As the breach was admitted, the charge was found to be proved.
Penalty:
Mr Turner’s licence to ride was suspended from the close of racing on Saturday 6 July until the close of racing on Saturday 13 July 2013 (Three riding days). This incorporates the Pukekohe (10th), Wanganui (11th) and Wellington (13th) meetings.
Charge:
Information A4066 was filed with the Judicial Committee by Stipendiary Steward Mr N Goodwin; It alleged "D Turner failed to make the weight for THE PAINTER in Race 4, EKKO BEECHES in Race 7 and ISHIAROSE in Race 10."
Facts:
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 Turner, assisted by Mr Clements, acknowledged that he understood the rule and that he admitted the breach.
Mr Goodwin was advised by Mr Turner earlier in the day that he would be unable to fulfil his obligations for THE PAINTER in Race 4, as he was approximately 56.5kgs, and was consequently unable to make the weight for his mounts in Races 7 and 10 respectively. Mr Goodwin advised that Mr Turner had been replaced on his rides.
On behalf of Mr Turner, Mr Clements said that he was aware that Apprentice Turner had tried to make the weight, but that it was also quite difficult to do so over the winter period.
Mr Turner stated that he thought he would make the weight after a one and a half hour bath in the morning, but had also been in a rush so did not have time to check his weight, and accordingly was unaware he would not be able to fulfil his obligations until he arrived on course.
Submissions for Penalty:
Mr Goodwin advised that Mr Turner had previously been warned by stipendiary stewards not to accept rides at a weight he could not guarantee. In presenting his record, Mr Goodwin indicated this was Mr Turner’s fifth breach of this rule this season; with the most recent penalty of $400 being imposed at Waverley on 10 June 2013. Mr Goodwin said that he had advised Mr Turner at his last appearance before the Judicial Committee that stewards would be seeking a term of suspension for any further breaches of this rule over the coming months. Consequently, the stewards submitted that a four day period of suspension as appropriate. In response to a question from the committee, Mr Goodwin indicated that he had arrived at the quantum of four days after discussions with other stewards, and that it was clear that given his previous breaches, Mr Turner was not deterred by a fine.
Mr Turner stated that he averaged four to seven rides per race meeting, and earned approximately $120 per ride. He indicated his preference for a fine, but if a term of suspension was imposed he sought a seven day deferral to allow him to undertake existing engagements. Mr Clements had nothing further to add.
Reasons for Penalty:
The committee considered all of the submissions placed before it. It was clear that previous monetary penalties imposed upon Mr Turner for breaches of this rule had escalated over recent times. The only mitigating factor was his early admittance of the breach.The committee considered this fifth breach within the last 12 months as an aggravating feature as Mr Turner still continued to accept rides at a weight he was unable to guarantee. This caused major inconvenience to the connections and is simply an irresponsible approach on Mr Turner’s part. It was considered appropriate that an alternative deterrent needed to be applied on this occasion and that a period of suspension was the most relevant means to signal to the Respondent that he purely cannot continue to accept rides at a weight that provides some uncertainty as to whether he will make the weight or not. In determining a quantum of days, the committee had regard to Mr Turner’s submission of riding four to seven rides per meeting and the riding fee gained for each ride. The committee believed that a four day period of suspension would equate to a financial cost to Mr Turner that would be grossly disproportionate. We determined that a three day period of suspension would serve as an appropriate deterrent instead.
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: 3b248e690feca9f8b316fc75b0b230ef
informantnumber: A4066
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/06/2013
hearing_title: Hawkes Bay RI 29 June 2013 - R 4
charge:
Information A4066 was filed with the Judicial Committee by Stipendiary Steward Mr N Goodwin; It alleged "D Turner failed to make the weight for THE PAINTER in Race 4, EKKO BEECHES in Race 7 and ISHIAROSE in Race 10."
facts:
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 Turner, assisted by Mr Clements, acknowledged that he understood the rule and that he admitted the breach.
Mr Goodwin was advised by Mr Turner earlier in the day that he would be unable to fulfil his obligations for THE PAINTER in Race 4, as he was approximately 56.5kgs, and was consequently unable to make the weight for his mounts in Races 7 and 10 respectively. Mr Goodwin advised that Mr Turner had been replaced on his rides.
On behalf of Mr Turner, Mr Clements said that he was aware that Apprentice Turner had tried to make the weight, but that it was also quite difficult to do so over the winter period.
Mr Turner stated that he thought he would make the weight after a one and a half hour bath in the morning, but had also been in a rush so did not have time to check his weight, and accordingly was unaware he would not be able to fulfil his obligations until he arrived on course.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted, the charge was found to be proved.
sumissionsforpenalty:
Mr Goodwin advised that Mr Turner had previously been warned by stipendiary stewards not to accept rides at a weight he could not guarantee. In presenting his record, Mr Goodwin indicated this was Mr Turner’s fifth breach of this rule this season; with the most recent penalty of $400 being imposed at Waverley on 10 June 2013. Mr Goodwin said that he had advised Mr Turner at his last appearance before the Judicial Committee that stewards would be seeking a term of suspension for any further breaches of this rule over the coming months. Consequently, the stewards submitted that a four day period of suspension as appropriate. In response to a question from the committee, Mr Goodwin indicated that he had arrived at the quantum of four days after discussions with other stewards, and that it was clear that given his previous breaches, Mr Turner was not deterred by a fine.
Mr Turner stated that he averaged four to seven rides per race meeting, and earned approximately $120 per ride. He indicated his preference for a fine, but if a term of suspension was imposed he sought a seven day deferral to allow him to undertake existing engagements. Mr Clements had nothing further to add.
reasonsforpenalty:
The committee considered all of the submissions placed before it. It was clear that previous monetary penalties imposed upon Mr Turner for breaches of this rule had escalated over recent times. The only mitigating factor was his early admittance of the breach.The committee considered this fifth breach within the last 12 months as an aggravating feature as Mr Turner still continued to accept rides at a weight he was unable to guarantee. This caused major inconvenience to the connections and is simply an irresponsible approach on Mr Turner’s part. It was considered appropriate that an alternative deterrent needed to be applied on this occasion and that a period of suspension was the most relevant means to signal to the Respondent that he purely cannot continue to accept rides at a weight that provides some uncertainty as to whether he will make the weight or not. In determining a quantum of days, the committee had regard to Mr Turner’s submission of riding four to seven rides per meeting and the riding fee gained for each ride. The committee believed that a four day period of suspension would equate to a financial cost to Mr Turner that would be grossly disproportionate. We determined that a three day period of suspension would serve as an appropriate deterrent instead.
penalty:
Mr Turner’s licence to ride was suspended from the close of racing on Saturday 6 July until the close of racing on Saturday 13 July 2013 (Three riding days). This incorporates the Pukekohe (10th), Wanganui (11th) and Wellington (13th) meetings.
hearing_type: Hearing
Rules: Rule 330(3)(c)
Informant: Mr N Goodwin - Stipendiary Steward
JockeysandTrainer: Mr D Turner - Apprentice Jockey
Otherperson: Mr B Clements - Licensed Person
PersonPresent:
Respondent:
StipendSteward:
raceid: 9bb47041e2696e3b93de46328f9a7e9a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f204fc05a40691ca4c6f0912249678b0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/06/2013
meet_title: Hawkes Bay RI - 29 June 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: PWilliams
meet_pm2: none
name: Hawkes Bay RI