Kumara RC 12 January 2013 – R 2 (request for a ruling)
ID: JCA10998
Code:
Thoroughbred
Meet Title:
Kumara RC - 12 January 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/01/12
Race Number:
R2
Decision:
The Committee carefully considered all evidence and submissions. We found that Miss McGregor, after riding “Istatadlate” at Greymouth, had discussed the horse with Miss Prendergast and during that discussion assumed that she was to ride the horse at Kumara. Miss McGregor believed she was riding the horse at Kumara and Miss Prendergast had given her that impression.
Mr Prendergast had engaged Mr Doherty at the Omakau meeting on 3 January to ride both of his horses, including”Istatadlate” at the Greymouth and Kumara meetings. When Mr Doherty became unavailable he engaged Miss McGregor to ride “Istatadlate” at Greymouth. When Mr Doherty was still unavailable at the Kumara meeting, Mr Prendergast engaged Mr D Walsh to ride the horse.
We find that an engagement for Miss McGregor to ride “Istatadlate” was never established by Miss McGregor. She assumed after speaking to Miss Prendergast after the Greymouth meeting that she was riding the horse at Kumara. Miss Prendergast was not in a position to engage Miss McGregor and Miss McGregor should have checked with Mr Prendergast to confirm if there was an engagement or accept another ride. Therefore the Committee was not satisfied that a riding contract was formed for the ride on “Istatadlate” by Miss McGregor.
Facts:
Following the running of Race 2, the Greymouth Star F&M Maiden, an Information for a Request for a Ruling was filed by Class A Rider Miss L D McGregor, to determine whether Miss McGregor was entitled to a losing riding fee for “Istatadlate” as she believed she was engaged to ride the horse.
The Information read as follows:
I, the above named Informant seek a ruling in relation to Rule 330(2) from the Judicial Committee in that jockey L McGregor requests a losing riding fee as she believes she was engaged as the rider of “Istatadlate”.
Rule 330(2) reads as follows:
“Any dispute with reference to the engagement or engagements of a Rider to ride at a particular Race Meeting or Race Meetings shall be determined by a Judicial Committee at the request of a Stipendiary Steward or any of the parties to the dispute.”
Submissions for Decision:
Miss McGregor gave evidence that following her ride on “Istaadlate” at Greymouth on 5 January 2013 she had a discussion with Miss K Prendergast, handler of the horse at the meeting, from which she assumed that she was to ride the horse at its next start at Kumara. Miss McGregor stated that Miss Prendergast gave her the impression that she was to ride “Istatadlate” at the Kumara meeting on 12 January. She also stated that she had turned down 2 other rides as she thought she was engaged to ride “Istatadlate”.
Mr Prendergast gave evidence that he had engaged Mr R Doherty to ride both of his horses including “Istatadlate”, for both the Greymouth and Kumara meetings, at the Omakau meeting on 3 January 2013. He stated that he himself engaged Miss McGregor to ride “Istatadlate” at Greymouth as Mr Doherty had become unavailable to ride at that meeting. He also stated that he engaged D Walsh to ride “Isttadlate” for the Kumara meeting after he found out that Mr Doherty was unavailable to ride at the Kumara meeting. He stated that Miss Prendergast was a stable employee and was not in a position at Greymouth to engage riders for future meetings. As trainer of the horse this was his responsibility.
Reasons for Decision:
The Committee were not satisfied that a riding contract was formed by Miss McGregor and therefore ruled that no losing riding fee be paid to Miss McGregor.
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: 18e21c1586482e2e53abce5cf8f2532e
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/12/2012
hearing_title: Kumara RC 12 January 2013 - R 2 (request for a ruling)
charge:
facts:
Following the running of Race 2, the Greymouth Star F&M Maiden, an Information for a Request for a Ruling was filed by Class A Rider Miss L D McGregor, to determine whether Miss McGregor was entitled to a losing riding fee for “Istatadlate” as she believed she was engaged to ride the horse.
The Information read as follows:
I, the above named Informant seek a ruling in relation to Rule 330(2) from the Judicial Committee in that jockey L McGregor requests a losing riding fee as she believes she was engaged as the rider of “Istatadlate”.
Rule 330(2) reads as follows:
“Any dispute with reference to the engagement or engagements of a Rider to ride at a particular Race Meeting or Race Meetings shall be determined by a Judicial Committee at the request of a Stipendiary Steward or any of the parties to the dispute.”
appealdecision:
isappeal:
submissionsfordecision:
Miss McGregor gave evidence that following her ride on “Istaadlate” at Greymouth on 5 January 2013 she had a discussion with Miss K Prendergast, handler of the horse at the meeting, from which she assumed that she was to ride the horse at its next start at Kumara. Miss McGregor stated that Miss Prendergast gave her the impression that she was to ride “Istatadlate” at the Kumara meeting on 12 January. She also stated that she had turned down 2 other rides as she thought she was engaged to ride “Istatadlate”.
Mr Prendergast gave evidence that he had engaged Mr R Doherty to ride both of his horses including “Istatadlate”, for both the Greymouth and Kumara meetings, at the Omakau meeting on 3 January 2013. He stated that he himself engaged Miss McGregor to ride “Istatadlate” at Greymouth as Mr Doherty had become unavailable to ride at that meeting. He also stated that he engaged D Walsh to ride “Isttadlate” for the Kumara meeting after he found out that Mr Doherty was unavailable to ride at the Kumara meeting. He stated that Miss Prendergast was a stable employee and was not in a position at Greymouth to engage riders for future meetings. As trainer of the horse this was his responsibility.
reasonsfordecision:
The Committee were not satisfied that a riding contract was formed by Miss McGregor and therefore ruled that no losing riding fee be paid to Miss McGregor.
Decision:
The Committee carefully considered all evidence and submissions. We found that Miss McGregor, after riding “Istatadlate” at Greymouth, had discussed the horse with Miss Prendergast and during that discussion assumed that she was to ride the horse at Kumara. Miss McGregor believed she was riding the horse at Kumara and Miss Prendergast had given her that impression.
Mr Prendergast had engaged Mr Doherty at the Omakau meeting on 3 January to ride both of his horses, including”Istatadlate” at the Greymouth and Kumara meetings. When Mr Doherty became unavailable he engaged Miss McGregor to ride “Istatadlate” at Greymouth. When Mr Doherty was still unavailable at the Kumara meeting, Mr Prendergast engaged Mr D Walsh to ride the horse.
We find that an engagement for Miss McGregor to ride “Istatadlate” was never established by Miss McGregor. She assumed after speaking to Miss Prendergast after the Greymouth meeting that she was riding the horse at Kumara. Miss Prendergast was not in a position to engage Miss McGregor and Miss McGregor should have checked with Mr Prendergast to confirm if there was an engagement or accept another ride. Therefore the Committee was not satisfied that a riding contract was formed for the ride on “Istatadlate” by Miss McGregor.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 330(2)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: LD MCGregor - Class A Rider, AW Prendergast - Licensed Trainer
Respondent:
StipendSteward: Mr M Zarb - Stipendiary Steward
raceid: 7c7f2373ef80581390f4246c0552f3f0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 066a3f761c0947ee9b16a46acdd7d058
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/01/2013
meet_title: Kumara RC - 12 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumara-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Kumara RC