Archive Decision

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Manawatu RC 18 December 2016 – R 7 – Chair, Mrs N Moffatt

ID: JCA10636

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr D Turner - Licensed Rider

Information Number:
A7692

Hearing Type:
Hearing

New Charge:
Weighed in overweight

Rules:
648(5)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Manawatu RC - 18 December 2016

Meet Chair:
NMoffatt

Meet Committee Member 1:
NMcCutcheon

Race Date:
2016/12/18

Race Number:
R 7

Decision:

As Mr Turner admitted the breach we found the charge proved.

Penalty:

Accordingly we fined Mr Turner the sum of $350.00.

Facts:

Following the running of Race 7, Brokerweb Risk Services Premier, an Information was lodged by Mr J Oatham alleging a breach of Rule 648(5)) in that rider Dylan Turner weighed in 1kg in excess of his weigh out weight.

Rule 648 (5) provides:

If the Rider of a horse weighs in at a weight of 0.5kg or more in excess of that at which he weighed out:

a) that rider; and

b) any other person who a Tribunal conducting an inquiry finds was at fault, commits a breach of these Rules.

Mr Turner confirmed to the Committee that he admitted the breach.

Mr Oatham said Mr Turner was contracted to ride the horse CHIC at 54kgs. The Clerk of the Scales recorded Mr Dylan’s weigh-out weight prior to Race 7 as 55.3kgs. This weight comprised the standard 1kg allowance for Mr Dylan’s safety vest and an additional .3kgs over.

Upon weighing in after the race Mr Turner’s weight was recorded as 56.3kg, a clear 1 kg difference. His horse, CHIC, finished in 4th position.

Mr Oatham said Mr Turner had provided no explanation for the discrepancy.

Mr Turner told the Committee that after weighing out for race 7 he drank only a small amount of fluid. He said the unexpected extra day of racing had forced him to dehydrate more than usual and his body must have “held onto more weight”.

Following clarification from the Committee Mr Turner said he had three or four mouthfuls of sprite only and had not weighed out minus any gear. 

Submissions for Penalty:

Mr Oatham said Mr Turner had faced weight issues in the past but had a clear record over the last 11 months. He said Mr Turner had never been charged under this rule before however the rule had been “tweaked” in 2015.

Prior to May 2015 Rule 648 (5) read:

If the Rider of a horse weighs in at a weight of 1kg or more in excess of that at which the Rider weighed out, the Clerk of the Scales shall record the weight by which the Rider on weighing in exceeded the weight at which he weighed out and inform a Stipendiary Steward and that Rider commits a breach of these Rules.

Mr Oatham added that the RIU had asked the JCA to review the penalty guidelines in relation to Rule 648(5) because it was their view the current $500 starting point was too high. The Stewards’ submission for today’s breach was a monetary penalty in the vicinity of $100 - $200.

Reasons for Penalty:

In coming to a decision on penalty the committee took into account all of the submissions.

This Committee is unaware of any review of the guidelines pertaining to Rule 648(5) therefore we adopted the current published starting point of $500.

The rewriting of Rule 648(5) has seen the weight reduced from 1kg to .5kg in order for a breach to have occurred. Mr Turner, at 1kg over, is well in breach of the current rule and we were perplexed and somewhat concerned by his explanation (or lack of) as to how he came to be 1kg overweight. The consumption of a few sips of fizzy drink does not reconcile with an increase in body weight of 1kilogram.

We were also mindful of the fact that Mr Turner’s horse finished in fourth place.

Mitigating factors were Mr Turner’s admission of the breach and his good record.

Balancing up all of these factors we were of the opinion that a monetary penalty was appropriate but at a level somewhat higher than that submitted by the Stewards.

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: 050cb1c7d61568829cdfd7de8608210f


informantnumber: A7692


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Weighed in overweight


plea: admitted


penaltyrequired: 1


decisiondate: 20/12/2016


hearing_title: Manawatu RC 18 December 2016 - R 7 - Chair, Mrs N Moffatt


charge:


facts:

Following the running of Race 7, Brokerweb Risk Services Premier, an Information was lodged by Mr J Oatham alleging a breach of Rule 648(5)) in that rider Dylan Turner weighed in 1kg in excess of his weigh out weight.

Rule 648 (5) provides:

If the Rider of a horse weighs in at a weight of 0.5kg or more in excess of that at which he weighed out:

a) that rider; and

b) any other person who a Tribunal conducting an inquiry finds was at fault, commits a breach of these Rules.

Mr Turner confirmed to the Committee that he admitted the breach.

Mr Oatham said Mr Turner was contracted to ride the horse CHIC at 54kgs. The Clerk of the Scales recorded Mr Dylan’s weigh-out weight prior to Race 7 as 55.3kgs. This weight comprised the standard 1kg allowance for Mr Dylan’s safety vest and an additional .3kgs over.

Upon weighing in after the race Mr Turner’s weight was recorded as 56.3kg, a clear 1 kg difference. His horse, CHIC, finished in 4th position.

Mr Oatham said Mr Turner had provided no explanation for the discrepancy.

Mr Turner told the Committee that after weighing out for race 7 he drank only a small amount of fluid. He said the unexpected extra day of racing had forced him to dehydrate more than usual and his body must have “held onto more weight”.

Following clarification from the Committee Mr Turner said he had three or four mouthfuls of sprite only and had not weighed out minus any gear. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Turner admitted the breach we found the charge proved.


sumissionsforpenalty:

Mr Oatham said Mr Turner had faced weight issues in the past but had a clear record over the last 11 months. He said Mr Turner had never been charged under this rule before however the rule had been “tweaked” in 2015.

Prior to May 2015 Rule 648 (5) read:

If the Rider of a horse weighs in at a weight of 1kg or more in excess of that at which the Rider weighed out, the Clerk of the Scales shall record the weight by which the Rider on weighing in exceeded the weight at which he weighed out and inform a Stipendiary Steward and that Rider commits a breach of these Rules.

Mr Oatham added that the RIU had asked the JCA to review the penalty guidelines in relation to Rule 648(5) because it was their view the current $500 starting point was too high. The Stewards’ submission for today’s breach was a monetary penalty in the vicinity of $100 - $200.


reasonsforpenalty:

In coming to a decision on penalty the committee took into account all of the submissions.

This Committee is unaware of any review of the guidelines pertaining to Rule 648(5) therefore we adopted the current published starting point of $500.

The rewriting of Rule 648(5) has seen the weight reduced from 1kg to .5kg in order for a breach to have occurred. Mr Turner, at 1kg over, is well in breach of the current rule and we were perplexed and somewhat concerned by his explanation (or lack of) as to how he came to be 1kg overweight. The consumption of a few sips of fizzy drink does not reconcile with an increase in body weight of 1kilogram.

We were also mindful of the fact that Mr Turner’s horse finished in fourth place.

Mitigating factors were Mr Turner’s admission of the breach and his good record.

Balancing up all of these factors we were of the opinion that a monetary penalty was appropriate but at a level somewhat higher than that submitted by the Stewards.


penalty:

Accordingly we fined Mr Turner the sum of $350.00.


hearing_type: Hearing


Rules: 648(5)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr D Turner - Licensed Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1468d1f0fd042d260a9c20c4ab91bbf6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: fb58a6eb4e2b533662da92304848e42e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/12/2016


meet_title: Manawatu RC - 18 December 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: NMcCutcheon


meet_pm2: none


name: Manawatu RC