Otago RC 4 February 2017 – R 1 – Chair, Prof G Hall
ID: JCA14031
Code:
Thoroughbred
Meet Title:
Otago RC - 4 February 2017
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2017/02/04
Race Number:
R 1
Decision:
As Mr Lowry has admitted the breach, we find the charge proved.
Penalty:
Having regard to the penalties in McNab, and Mr Lowry’s ready admission of the breach, we impose a fine of $300.
Facts:
Mr Davidson alleged that Mr Lowry was in breach of r 330(3)(c) in that he was unable to make the declared weight for ODI ET AMO in race 1, SO GALLANT in race 2, and RETALLICK in race 4.
Rule 330(3)(c) states: A Rider shall not (c) fail to ride a horse at the weight at which it is handicapped to carry.
Mr Davidson stated that before race 1 Mr Lowry had come to the Stewards and said he was struggling to make the weight for his rides. The outcome was that he had had to be replaced in the 3 races in question although, after being in the sauna, Mr Lowry could have made the correct weight in race 4. Mr Lowry was able to take his rides in subsequent races.
Mr Lowry said he was trying hard with his weight and was spending a lot of time at the gym. He had lost 1.25 kg since coming to the track through his being in the sauna.
Submissions for Penalty:
Mr Davidson submitted that Mr Lowry had been fined $200 in August and again in November last for breaches of this rule. He submitted a fine in excess of $200 was appropriate and that it should be in the $300 to $400 range.
Mr Anderton stated that Mr Lowry had just had time away from riding as he had been suspended at Gore. Mr Lowry had battles with his weight, which he now had under control. This was a factor for this Committee to consider when determining whether to suspend or fine the respondent.
Mr Lowry stated that Mr McNab had recently been fined $300 for a third breach of this rule and $400 for a fourth breach. Mr Davidson accepted this was so.
Reasons for Penalty:
In coming to a decision on penalty the Committee accepted that Mr Lowry was making every endeavour to control his weight. However, he had to be replaced in 3 races. We agree that further time on the side-line will only add to his issues with weight so we look favourably upon the submissions from both parties that the appropriate penalty is a fine.
A mitigating factor is that Mr Lowry approached the Stipendiary Stewards before the 1st race and stated he believed he would not be able to make the weight. We accept that there were replacement riders readily at hand and the horses in question were unlikely to be significantly disadvantaged. However, those members of the betting public who invested on each of these horses believing Mr Lowry was riding that horse, have been misled.
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: 8ed9cdf309a08aca4358c9714a913f04
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to make weight
plea: admitted
penaltyrequired: 1
decisiondate: 07/02/2017
hearing_title: Otago RC 4 February 2017 - R 1 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that Mr Lowry was in breach of r 330(3)(c) in that he was unable to make the declared weight for ODI ET AMO in race 1, SO GALLANT in race 2, and RETALLICK in race 4.
Rule 330(3)(c) states: A Rider shall not (c) fail to ride a horse at the weight at which it is handicapped to carry.
Mr Davidson stated that before race 1 Mr Lowry had come to the Stewards and said he was struggling to make the weight for his rides. The outcome was that he had had to be replaced in the 3 races in question although, after being in the sauna, Mr Lowry could have made the correct weight in race 4. Mr Lowry was able to take his rides in subsequent races.
Mr Lowry said he was trying hard with his weight and was spending a lot of time at the gym. He had lost 1.25 kg since coming to the track through his being in the sauna.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Lowry has admitted the breach, we find the charge proved.
sumissionsforpenalty:
Mr Davidson submitted that Mr Lowry had been fined $200 in August and again in November last for breaches of this rule. He submitted a fine in excess of $200 was appropriate and that it should be in the $300 to $400 range.
Mr Anderton stated that Mr Lowry had just had time away from riding as he had been suspended at Gore. Mr Lowry had battles with his weight, which he now had under control. This was a factor for this Committee to consider when determining whether to suspend or fine the respondent.
Mr Lowry stated that Mr McNab had recently been fined $300 for a third breach of this rule and $400 for a fourth breach. Mr Davidson accepted this was so.
reasonsforpenalty:
In coming to a decision on penalty the Committee accepted that Mr Lowry was making every endeavour to control his weight. However, he had to be replaced in 3 races. We agree that further time on the side-line will only add to his issues with weight so we look favourably upon the submissions from both parties that the appropriate penalty is a fine.
A mitigating factor is that Mr Lowry approached the Stipendiary Stewards before the 1st race and stated he believed he would not be able to make the weight. We accept that there were replacement riders readily at hand and the horses in question were unlikely to be significantly disadvantaged. However, those members of the betting public who invested on each of these horses believing Mr Lowry was riding that horse, have been misled.
penalty:
Having regard to the penalties in McNab, and Mr Lowry’s ready admission of the breach, we impose a fine of $300.
hearing_type: Hearing
Rules: 330(3)(c)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr J Lowry - Apprentice Jockey
Otherperson: Mr B Anderton - Licensed Trainer assisting Mr Lowry
PersonPresent:
Respondent:
StipendSteward:
raceid: 6866913e6e4813bda44e675f0dae5593
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9ebf8f5ecaf35821ee9c4ad52cd24771
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/02/2017
meet_title: Otago RC - 4 February 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Otago RC