Archive Decision

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Marton JC 13 September 2014 – R 9

ID: JCA11953

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr H Tinsley - Licensed Jockey

Information Number:
A6761

Hearing Type:
Hearing

New Charge:
Overweight

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Marton JC - 13 September 2014

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2014/09/13

Race Number:
R 9

Decision:

As Mr Tinsley admitted the breach the charge was found to be proved.

Penalty:

Accordingly Mr Tinsley is fined the sum of $250.00.

Facts:

Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 330 (3) (c) in that H S Tinsley failed to make the contracted weight for JULINSKY PRINCE in Race 9.

Mr Tinsley accepted the ride on JULINSKY PRINCE at a weight of 56kgs however it became apparent to him on the morning of the races that he would not be able to make that weight. Prior to his first ride he approached the Stewards informing them that he would not be able to make the weight and asked to be replaced.

Mr Goodwin said this placed Mr Auret, and the public who backed the horse, at a disadvantage however there were two senior riders available as replacements in Mr Lammas and Mr Smith. Mr Auret however decided to use apprentice rider Mr Ravikumar, who is familiar with the horse through riding it in all its track work.

Mr Tinsley’s agent accepted the ride and Mr Auret had agreed to allow him to ride a half a kilo over. Mr Tinsley made a genuine attempt to make the weight but unfortunately could not do so.

Submissions for Penalty:

Mr Goodwin said Mr Tinsley’s last overweight charge was in April this year and today’s breach would normally be dealt with by way of the minor infringement rules however the Stewards have placed it before the Judicial Committee due to the breach occurring in a Group 3 race. Mr Goodwin submitted that a fine in excess of $100 and somewhere in the vicinity of $250 be imposed.

Mr Tinsley did not make any submissions on penalty but reiterated that Mr Auret had agreed, at the time of engaging him, to allow him to ride half a kilo over.

Reasons for Penalty:

In setting penalty the Committee took into account all of the submissions. Under normal circumstances Mr Tinsley would have incurred a $100 fine as his last overweight charge was just over five months ago. An aggravating factor today was the fact that he had to be replaced in a Group 3 race and we agree that any penalty should be an uplift from the $100 minor infringement system. It is never an ideal situation for the connections or the betting public to have a rider replaced on race day but it is more serious in a black type race with the added interest and money invested. Fortunately there were other senior riders available however the owner of JULINSKY PRINCE, after consultation with the trainer, decided to offer the ride to an apprentice due to his familiarity with the horse, despite realising there could be no claim.

Taking into account Mr Tinsley’s early notification to the Stewards of his inability to make the weight, his last charge being over 5 months ago and other penalties for similar circumstances it was our opinion that a monetary penalty of $250 was appropriate.

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: 324a6f3e6d0d48b2561279448c286196


informantnumber: A6761


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Overweight


plea: admitted


penaltyrequired: 1


decisiondate: 19/09/2014


hearing_title: Marton JC 13 September 2014 - R 9


charge:


facts:

Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 330 (3) (c) in that H S Tinsley failed to make the contracted weight for JULINSKY PRINCE in Race 9.

Mr Tinsley accepted the ride on JULINSKY PRINCE at a weight of 56kgs however it became apparent to him on the morning of the races that he would not be able to make that weight. Prior to his first ride he approached the Stewards informing them that he would not be able to make the weight and asked to be replaced.

Mr Goodwin said this placed Mr Auret, and the public who backed the horse, at a disadvantage however there were two senior riders available as replacements in Mr Lammas and Mr Smith. Mr Auret however decided to use apprentice rider Mr Ravikumar, who is familiar with the horse through riding it in all its track work.

Mr Tinsley’s agent accepted the ride and Mr Auret had agreed to allow him to ride a half a kilo over. Mr Tinsley made a genuine attempt to make the weight but unfortunately could not do so.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Tinsley admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Goodwin said Mr Tinsley’s last overweight charge was in April this year and today’s breach would normally be dealt with by way of the minor infringement rules however the Stewards have placed it before the Judicial Committee due to the breach occurring in a Group 3 race. Mr Goodwin submitted that a fine in excess of $100 and somewhere in the vicinity of $250 be imposed.

Mr Tinsley did not make any submissions on penalty but reiterated that Mr Auret had agreed, at the time of engaging him, to allow him to ride half a kilo over.


reasonsforpenalty:

In setting penalty the Committee took into account all of the submissions. Under normal circumstances Mr Tinsley would have incurred a $100 fine as his last overweight charge was just over five months ago. An aggravating factor today was the fact that he had to be replaced in a Group 3 race and we agree that any penalty should be an uplift from the $100 minor infringement system. It is never an ideal situation for the connections or the betting public to have a rider replaced on race day but it is more serious in a black type race with the added interest and money invested. Fortunately there were other senior riders available however the owner of JULINSKY PRINCE, after consultation with the trainer, decided to offer the ride to an apprentice due to his familiarity with the horse, despite realising there could be no claim.

Taking into account Mr Tinsley’s early notification to the Stewards of his inability to make the weight, his last charge being over 5 months ago and other penalties for similar circumstances it was our opinion that a monetary penalty of $250 was appropriate.


penalty:

Accordingly Mr Tinsley is fined the sum of $250.00.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr H Tinsley - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: aa6a9e3ab0146baee09cb44e67274031


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: bc2fd4b066654cc21887708dd2b62f3b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/09/2014


meet_title: Marton JC - 13 September 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: marton-jc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TCastles


meet_pm2: none


name: Marton JC