Archive Decision

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Oamaru JC 21 July 2013 – R 1

ID: JCA15472

Applicant:
Mr M Davidson - Stipendiary Steward, Mr J McLaughlin - Stipendiary Steward

Respondent(s):
Ms A Morgan - Apprentice Jockey

Other Person:
Mr M Pitman - Trainer, Mr J Mills - Clerk of Scales

Information Number:
A5780

Hearing Type:
Hearing

Rules:
649 (1) (a)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Oamaru JC - 21 July 2013

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2013/07/21

Race Number:
R1

Decision:

Upheld. 

Penalty:

Ms Morgan is fined $150 and reminded of her obligations under the Rules of Thoroughbred Racing. 

Charge:

Rule 649 (1) (a) reads:

(1) A rider must not

(a) do or permit wrongful act or omission with respect to weight or weighing.

Facts:

Following Race 1 the Speights 2YO HDCP an information was filed alleging a breach of Rule 649 (1) (a) in that Ms A Morgan (Apprentice Jockey) had attempted to weigh out without leathers and irons on her saddle.

Submissions for Decision:

Ms Morgan did not admit the breach and was assisted at the hearing by her employer Mr M Pitman.

Evidence was heard from Mr McLaughlin that he observed Ms Morgan having difficulty when weighing out. He inspected her gear and found that there were no leathers or irons included in her gear. The weight wasn’t correct and she needed to get weight off.

At this point the Committee requested that the Clerk of Scales Mr J Mills be asked to give evidence. Mr Mills stated that Ms Morgan was struggling to make the carded weight of 52kg. She was 1kg over. He said Ms Morgan left for several minutes to adjust gear and came back. This was when Mr McLaughlin spoke to her about missing gear.

Miss Morgan stated she had arrived at the course early but her riding gear had come to the track with someone else who had arrived later. She found she had just 20 minutes to get her gear organized and weigh out. She had grabbed the saddle from her bag and had not checked to see if there were leathers and irons attached. She was clearly overweight when she weighed in and when she returned with the gear she did not do it intentionally. She was not attempting to cheat.

Mr Pitman stated that when Ms Morgan finally weighed out she was just 0.4kg over the carded weight, which was acceptable. She had clearly made a mistake in her rush to weigh out and had picked up the wrong saddle from her bag by mistake.

Mr Davidson said there was no disputing the evidence of Mr Mills. Ms Morgan had attempted to weight out without leathers or irons. 

Reasons for Decision:

The committee is satisfied that Ms Morgan is in breach of the Rule. The committee is also satisfied that Ms Morgan did not leave the irons and leathers off her gear intentionally, and that due to her haste she simply picked up the wrong saddle. However, this is not an excuse and the obligation was on Ms Morgan to ensure her gear was correct at the time of weighing in. 

Submissions for Penalty:

Mr Davidson said Ms Morgan had been spoken to by the Stewards on a previous occasion about weighing out late. Ms Morgan has held an apprentice jockey for about 12 months and has had approx. 160 rides. She was previously apprenticed in the North Island and has only been in the South Island for about a month. He was seeking a fine at the lower end of the scale between $100 and $200.

Ms Morgan said she was really sorry for her actions and simply picked up the wrong saddle in her haste to weigh out. She had not been in trouble before and requested a fine at the lower end of the scale.

Reasons for Penalty:

The committee accepted that Ms Morgan made an error of judgment and was extremely remorseful. The committee believed a fine at the lower end of the scale 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: 9777c98698ef8c38222f0ac156007bb3


informantnumber: A5780


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 18/07/2013


hearing_title: Oamaru JC 21 July 2013 - R 1


charge:

Rule 649 (1) (a) reads:

(1) A rider must not

(a) do or permit wrongful act or omission with respect to weight or weighing.


facts:

Following Race 1 the Speights 2YO HDCP an information was filed alleging a breach of Rule 649 (1) (a) in that Ms A Morgan (Apprentice Jockey) had attempted to weigh out without leathers and irons on her saddle.


appealdecision:


isappeal:


submissionsfordecision:

Ms Morgan did not admit the breach and was assisted at the hearing by her employer Mr M Pitman.

Evidence was heard from Mr McLaughlin that he observed Ms Morgan having difficulty when weighing out. He inspected her gear and found that there were no leathers or irons included in her gear. The weight wasn’t correct and she needed to get weight off.

At this point the Committee requested that the Clerk of Scales Mr J Mills be asked to give evidence. Mr Mills stated that Ms Morgan was struggling to make the carded weight of 52kg. She was 1kg over. He said Ms Morgan left for several minutes to adjust gear and came back. This was when Mr McLaughlin spoke to her about missing gear.

Miss Morgan stated she had arrived at the course early but her riding gear had come to the track with someone else who had arrived later. She found she had just 20 minutes to get her gear organized and weigh out. She had grabbed the saddle from her bag and had not checked to see if there were leathers and irons attached. She was clearly overweight when she weighed in and when she returned with the gear she did not do it intentionally. She was not attempting to cheat.

Mr Pitman stated that when Ms Morgan finally weighed out she was just 0.4kg over the carded weight, which was acceptable. She had clearly made a mistake in her rush to weigh out and had picked up the wrong saddle from her bag by mistake.

Mr Davidson said there was no disputing the evidence of Mr Mills. Ms Morgan had attempted to weight out without leathers or irons. 


reasonsfordecision:

The committee is satisfied that Ms Morgan is in breach of the Rule. The committee is also satisfied that Ms Morgan did not leave the irons and leathers off her gear intentionally, and that due to her haste she simply picked up the wrong saddle. However, this is not an excuse and the obligation was on Ms Morgan to ensure her gear was correct at the time of weighing in. 


Decision:

Upheld. 


sumissionsforpenalty:

Mr Davidson said Ms Morgan had been spoken to by the Stewards on a previous occasion about weighing out late. Ms Morgan has held an apprentice jockey for about 12 months and has had approx. 160 rides. She was previously apprenticed in the North Island and has only been in the South Island for about a month. He was seeking a fine at the lower end of the scale between $100 and $200.

Ms Morgan said she was really sorry for her actions and simply picked up the wrong saddle in her haste to weigh out. She had not been in trouble before and requested a fine at the lower end of the scale.


reasonsforpenalty:

The committee accepted that Ms Morgan made an error of judgment and was extremely remorseful. The committee believed a fine at the lower end of the scale was appropriate.


penalty:

Ms Morgan is fined $150 and reminded of her obligations under the Rules of Thoroughbred Racing. 


hearing_type: Hearing


Rules: 649 (1) (a)


Informant: Mr M Davidson - Stipendiary Steward, Mr J McLaughlin - Stipendiary Steward


JockeysandTrainer: Ms A Morgan - Apprentice Jockey


Otherperson: Mr M Pitman - Trainer, Mr J Mills - Clerk of Scales


PersonPresent:


Respondent:


StipendSteward:


raceid: fcf79c0a4f806e0c439b4920f00fc222


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4645622d2b0ed7b4021e2fdd45a2624c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/07/2013


meet_title: Oamaru JC - 21 July 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-jc


meet_racingtype: thoroughbred-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Oamaru JC