Archive Decision

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Matamata RC 31 May 2017 – R 1 (request for ruling) – Chair, Mr A Dooley

ID: JCA11232

Stipend Steward:
Mr B Jones - Stipendiary Steward

Information Number:
A7306

Hearing Type:
Request Ruling

Rules:
648(3)

Code:
Thoroughbred

Meet Title:
Matamata RC - 31 May 2017

Meet Chair:
ADooley

Race Date:
2017/05/31

Race Number:
R 1

Decision:

Accordingly, pursuant to Rule 648 (3) the Committee exercised its discretion and declared that MAGNANIMOUS MAN be disqualified from the race.

The amended placings were

1st - No.3 LAEKEEPER
2nd - No.12 FOUR DAY HIGH
3rd - No.4 SUFFICE TO SAY
4th - No.1 OUTISDER

The Committee ordered dividends and stakes to be paid in accordance with this decision.

Facts:

Following the running of Race 1, Fairview Motors 2000, a Request for a Ruling was filed with the Judicial Committee pursuant to Rule 648(3). The Informant, Mr B Jones, Stipendiary Steward, alleged that Mr A Kuru the rider of MAGNANIMOUS MAN weighed in 0.6kg light of his weigh out weight.

Mr Kuru acknowledged that he understood the Rule and admitted the breach.

Rule 648(3) provides If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this

Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.

Submissions for Decision:

Mr Jones advised that he would be calling 2 witnesses namely Stipendiary Steward, Mr Coles and Clerk of Scales, Mr Bevege.

Mr Coles said that he was present when Mr Kuru weighed in after the race. He said that Mr Kuru weighed in 0.6 kg light and after standing aside until all other riders had weighed in Mr Kuru was reweighed which confirmed that he was 0.6kg light. He specified that Mr Kuru should have weighed in at 69kg but was only 68.4kg which equates to a 0.6 variance.

Mr Bevege advised that Mr Kuru weighed out at 69 kg but when he weighed in after the race was 68.4 kg which confirmed that Mr Kuru was 0.6kg light.

Mr Kuru in explanation stated that he went to the toilet twice after weighing out. He said that in an effort to replace the fluids he lost he had a cup of coffee.

Mr Jones submission on behalf of the Stewards was for MAGNANIMOUS MAN to be disqualified from the race as Mr Kuru had breached the Rule.

Reasons for Decision:

The Committee carefully considered the submissions presented and was satisfied that Mr Kuru weighed in 0.6kg under his weigh out weight. It is significant that Mr Kuru did not dispute that he weighed in 0.6 kg light.

The Committee notes that MAGNANIMOUS MAN was placed 3rd by the Judge and the Rule is specific in that the horse shall be disqualified from the race.

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: 12e21791f718324594cb5cb1e9338858


informantnumber: A7306


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 01/06/2017


hearing_title: Matamata RC 31 May 2017 - R 1 (request for ruling) - Chair, Mr A Dooley


charge:


facts:

Following the running of Race 1, Fairview Motors 2000, a Request for a Ruling was filed with the Judicial Committee pursuant to Rule 648(3). The Informant, Mr B Jones, Stipendiary Steward, alleged that Mr A Kuru the rider of MAGNANIMOUS MAN weighed in 0.6kg light of his weigh out weight.

Mr Kuru acknowledged that he understood the Rule and admitted the breach.

Rule 648(3) provides If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this

Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.


appealdecision:


isappeal:


submissionsfordecision:

Mr Jones advised that he would be calling 2 witnesses namely Stipendiary Steward, Mr Coles and Clerk of Scales, Mr Bevege.

Mr Coles said that he was present when Mr Kuru weighed in after the race. He said that Mr Kuru weighed in 0.6 kg light and after standing aside until all other riders had weighed in Mr Kuru was reweighed which confirmed that he was 0.6kg light. He specified that Mr Kuru should have weighed in at 69kg but was only 68.4kg which equates to a 0.6 variance.

Mr Bevege advised that Mr Kuru weighed out at 69 kg but when he weighed in after the race was 68.4 kg which confirmed that Mr Kuru was 0.6kg light.

Mr Kuru in explanation stated that he went to the toilet twice after weighing out. He said that in an effort to replace the fluids he lost he had a cup of coffee.

Mr Jones submission on behalf of the Stewards was for MAGNANIMOUS MAN to be disqualified from the race as Mr Kuru had breached the Rule.


reasonsfordecision:

The Committee carefully considered the submissions presented and was satisfied that Mr Kuru weighed in 0.6kg under his weigh out weight. It is significant that Mr Kuru did not dispute that he weighed in 0.6 kg light.

The Committee notes that MAGNANIMOUS MAN was placed 3rd by the Judge and the Rule is specific in that the horse shall be disqualified from the race.


Decision:

Accordingly, pursuant to Rule 648 (3) the Committee exercised its discretion and declared that MAGNANIMOUS MAN be disqualified from the race.

The amended placings were

1st - No.3 LAEKEEPER
2nd - No.12 FOUR DAY HIGH
3rd - No.4 SUFFICE TO SAY
4th - No.1 OUTISDER

The Committee ordered dividends and stakes to be paid in accordance with this decision.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Request Ruling


Rules: 648(3)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent: Mr A Kuru - Respondent - Licensed Rider of MAGNANIMOUS MAN, Mr A Coles - Stipendiary Steward, Mr B Bevege - Clerk of Scales


Respondent:


StipendSteward: Mr B Jones - Stipendiary Steward


raceid: 1cdf8196061838980233148eb20fcf2a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


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race_chair:


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race_pm2:


meetid: 527452010916f4b767c7ebd94f1320b7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/05/2017


meet_title: Matamata RC - 31 May 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: matamata-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Matamata RC