Levin RC 27 July 2019 – R 5 (heard 1 August 2019 at Hawera) – Chair, Mr T Utikere

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startdate: 27/07/2019

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hearing_title: Levin RC 27 July 2019 - R 5 (heard 1 August 2019 at Hawera) - Chair, Mr T Utikere

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BEFORE A JUDICIAL COMMITTEE OF THE

JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

IN THE MATTER of the Rules of Thoroughbred Racing

BETWEEN RACING INTEGRITY UNIT

Informant

AND-DYLAN TURNER

Respondent

Appeals Tribunal:-Mr T Utikere (Chairman)

Mr N McCutcheon (Member)

Parties:--Mr N Goodwin (for the RIU)

Mr D Turner (as the Respondent)

Hearing:--1 August 2019 at Hawera Racecourse, Hawera

WRITTEN DECISION OF JUDICIAL COMMITTEE DATED 1 AUGUST 2019

FACTS

[1] Prior to the running of Race 5 (Courtesy Ford Ryder Stakes Listed Race) at the Levin Racing Club’s Meeting on 27 July, Information A12292 was filed with the Judicial Committee. It alleged a breach of rule 330(3)(c) and stated that Mr D Turner “failed to make the carded weight for BUBBLE GUM”.

[2] Rule 330(3)(c) states:

“A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.

[3] Mr Turner confirmed that he understood the rule and that he denied the breach.

SUBMISSIONS

[4] Mr Goodwin identified that on Thursday at Awapuni Mr Turner had pleaded guilty to a charge under this rule and was fined $450. At that time, Chief Stipendiary Steward Mr John Oatham had enquired with Mr Turner as to whether he would be able to make the weight for Trainer Mr John Wheeler’s two year old horse (BUBBLE GUM) at Otaki on Saturday. Mr Turner had replied that he would be able to ride half a kilo over.

[5] Mr Turner advised that at 12 noon on Friday he had spent an hour in the bath, but that his body would not sweat. He then spent an hour in the spa and managed to lose 50-100 grams. He then texted his Agent, Mr Neill, to advise that he couldn’t make the weight for the two year old.

[6] Mr Goodwin said that in discussions Mr Oatham had with the respondent, he made it clear that if he could not make the weight, he was to contact Mr Oatham on Friday; which did not occur. This was so that alternative arrangements could be made, including the option for the public to make alternative investments if necessary. Mr Goodwin understood that there had been no communications from Mr Turner to Mr Oatham.

[7] Mr Turner advised that Mr Neill had contacted the trainer, Mr Wheeler, who then elected to take Mr Turner off BUBBLE GUM and GRINNER (which had Mr Turner to ride at 59kgs), due to being disgruntled with Mr Turner being overweight. In response to a question from Mr McCutcheon, Mr Turner said that if he had arrived on course, he would have weighed 55.5kgs, 1kg overweight.

[8] Mr Turner made the text messages between him and his agent relating to this matter available to the Committee, which indicated he had advised Mr Neill after 3pm on the day and that Mr Neill’s reply indicated that as a result he would need to attend a JCA hearing.

[9] Mr Turner described the entire incident as a miscommunication. He said he had paid an agent to do a job, and that he thought Mr Neill would have rung a stipendiary steward. He also said that Mr Neill had messaged him on Tuesday, which mentioned that he had contacted Mr Wheeler first; there was no indication of any contact with a stipendiary steward.

REASONS FOR DECISION

[10] The rule in this regard is quite clear. The onus is on the respondent to ensure that, if declared as the rider of a horse, they do not fail to ride the horse at the weight that it is handicapped to carry. BUBBLE GUM was to carry a weight of 54.5kgs. If Mr Turner had arrived on course to ride the horse, by his own admission, it would have carried 55.5kgs, one kilogram over. Mr Turner, for whatever reason(s) failed to make the carded weight. Who contacted who, is largely irrelevant on this occasion as it was Mr Turner’s obligation to ensure he was not overweight.

DECISION

[11] The Committee found the charge proved.

PENALTY SUBMISSIONS

[12] In presenting Mr Turner’s record, Mr Goodwin identified five previous breaches of the rule within the previous 12 months period: Manawatu, 27 July - $450; Wanganui, 4 July - $200; Riverton, 20 April - $300; Hawke’s Bay, 30 January - $200; Hawke’s Bay 1 January - $100. He described Mr Turner’s record as “not a good one” and submitted that a term of suspension was appropriate.

[13] Mr Turner advised of commitments on Saturday 3 August, but when invited had no submissions to make on penalty.

REASONS FOR PENALTY

[14] This Committee dealt with Mr Turner’s most recent breach at Awapuni; was also the Committee appointed when this Information was filed at Otaki, and deals with the current breach before us. It is clear to us that Mr Turner’s record under the breach is terribly poor. We would go so far as to define his current record under the rule as the worst in the country. This becomes his sixth breach since the start of the calendar year; a period of only some seven months.

[15] Whilst we note that most of those breaches have been dealt with via the Minor Infringement Scheme, we form the view that when the matter is referred to the JCA by way of an Information, a rider’s history beyond the 120 day window must be considered in order to give context to the current charge. During the hearing at Awapuni last week, Mr Turner, in response to a question from the Committee, identified that he would get his weight under control. This has not happened.

[16] The current breach is compounded by the fact that he had an awareness of his inability to be able to make the weight within 24 hours of the penalty being given for the same offence at Awapuni. Any communication issues between him and his agent are a matter for the both of them to sort out. We do not identify any mitigating features, but in aggravation we have considered his record, the inconvenience caused to connections, and the fact that the breach was in relation to the Ryder Stakes, a Listed Race. We consider a six day period of suspension as appropriate on this occasion.

PENALTY

[17] Mr Turner is suspended from the conclusion of racing on Saturday 3 August until the conclusion of racing on Saturday 17 August 2019.

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Rules: 330(3)(c)

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