Kurow RC 30 December 2018 – R 8 – Chair, Prof G Hall
ID: JCA14112
Code:
Thoroughbred
Meet Title:
Kurow JC - 30 December 2018
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2018/12/30
Race Number:
R 8
Decision:
Mr Morgenrood has admitted the breach. We thus find the breach is proved.
Penalty:
Mr Morgenrood is fined the sum of $500. We understand the non-approved vest has been confiscated, which, in the circumstances, is appropriate.
Facts:
Mr Davidson alleged that Mr Morgenrood rode in an unapproved body protector in race 8, the Commodore Hotel Handicap.
Rule 610(2)(a) provides:
A Rider shall, when mounted on a horse, wear: a properly fastened body protector of a type and standard approved by NZTR, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states that it complies with the relevant type and standard approved by NZTR;
Mr McLaughlin, Stipendiary Steward, demonstrated to the Committee the protector the respondent had worn in race 8. It was not an approved vest and was flimsy by comparison. He described it as a “cheater’s vest”.
Mr Morgenrood initially had nothing to say other than it was “not clever”. When questioned as to his weight, he said he battled to ride at 58 kg. In the race in question, he rode at 58 plus a half. He had left his vest at home and was intending to ride in a vest loaned to him by another jockey. But when it came to weighing out, he found another jockey was using that vest. Hence, he used the non-approved vest he had in his bag.
Submissions for Penalty:
Mr Davidson produced the respondent’s record. He had no previous breaches of this rule. Mr Davidson said there had been a focus on health and safety in recent years and currently there were less vest issues. Fines in the past had been at the $500 level, and higher in some cases. He submitted a fine at this level was appropriate.
Mr Morgenrood said that weight issues had got to him and he was intending to retire from race riding after the meeting on Tuesday. He said he would struggle to pay a fine but would do so by instalment.
Reasons for Penalty:
The health and safety issue and the element of cheating involved in the breach are obvious. The integrity of racing is called in question by the respondent’s actions in using a lighter and non-approved vest.
Previous penalties for breach of this rule have resulted in fines of around $500. We take into account the respondent’s clear record under this rule, his admission of the breach, and his personal circumstances, but find a fine at the level of previous breaches is appropriate.
Decision Date: 02/01/2019
Publish Date: 02/01/2019
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: 9a075943c7595341a259cae2f7617b59
informantnumber: A8650
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Uapproved vest
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2019
hearing_title: Kurow RC 30 December 2018 - R 8 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that Mr Morgenrood rode in an unapproved body protector in race 8, the Commodore Hotel Handicap.
Rule 610(2)(a) provides:
A Rider shall, when mounted on a horse, wear: a properly fastened body protector of a type and standard approved by NZTR, which shall be in a satisfactory condition and shall have attached to it a manufacturer’s label that states that it complies with the relevant type and standard approved by NZTR;
Mr McLaughlin, Stipendiary Steward, demonstrated to the Committee the protector the respondent had worn in race 8. It was not an approved vest and was flimsy by comparison. He described it as a “cheater’s vest”.
Mr Morgenrood initially had nothing to say other than it was “not clever”. When questioned as to his weight, he said he battled to ride at 58 kg. In the race in question, he rode at 58 plus a half. He had left his vest at home and was intending to ride in a vest loaned to him by another jockey. But when it came to weighing out, he found another jockey was using that vest. Hence, he used the non-approved vest he had in his bag.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Morgenrood has admitted the breach. We thus find the breach is proved.
sumissionsforpenalty:
Mr Davidson produced the respondent’s record. He had no previous breaches of this rule. Mr Davidson said there had been a focus on health and safety in recent years and currently there were less vest issues. Fines in the past had been at the $500 level, and higher in some cases. He submitted a fine at this level was appropriate.
Mr Morgenrood said that weight issues had got to him and he was intending to retire from race riding after the meeting on Tuesday. He said he would struggle to pay a fine but would do so by instalment.
reasonsforpenalty:
The health and safety issue and the element of cheating involved in the breach are obvious. The integrity of racing is called in question by the respondent’s actions in using a lighter and non-approved vest.
Previous penalties for breach of this rule have resulted in fines of around $500. We take into account the respondent’s clear record under this rule, his admission of the breach, and his personal circumstances, but find a fine at the level of previous breaches is appropriate.
penalty:
Mr Morgenrood is fined the sum of $500. We understand the non-approved vest has been confiscated, which, in the circumstances, is appropriate.
hearing_type: Hearing
Rules: 610(2)(a)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr B Morgenrood - Class A Jockey
Otherperson: Mr J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e15e947e8d76e1855300d2d2c2d6ca43
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2834292dffe73339558170b43818d5bb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2018
meet_title: Kurow JC - 30 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kurow-jc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Kurow JC