Archive Decision

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Otago RC 9 June 2013 – R 3

ID: JCA10897

Applicant:
Mr M Davidson, stipendiary steward

Respondent(s):
Mr S Moir, licensed jockey

Information Number:
5778

Hearing Type:
Hearing

Rules:
649(3)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 9 June 2013

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2013/06/09

Race Number:
R3

Decision:

We find the breach proved.

Penalty:

We impose a 3-day South Island jumps suspension. This is effective from the end of racing today and ceases after racing at Oamaru on 29 July.

Charge:

Mr Davidson, stipendiary steward, alleged that Mr Moir, the rider of the 2nd horse QUARTZE in race 3, the Otago Hunt Steeplechase, weighed in at a weight that was less than the proper weight.

Rule 649(3) provides:

“A Rider must not weigh-in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).”

Facts:

Mr Davidson stated that Mr Moir had weighed out at 68 kg. On weighing back in Mr Moir was unable to make 67. He was only 66.8 to 66.9 kg.

Submissions for Decision:

Mr Davidson explained that subsequent to the protest inquiries had been made and it was established that when the respondent weighed out the domes on the weight bag were not fastened. Mr Moir had then placed the bag on the floor in a position where there were other weights. The likely explanation for the weight discrepancy was that a weight had slipped out of the bag and this had not been noticed due to the presence of the other weights.

Mr Moir confirmed he had weighed out at 68 kg and that he was unable to make 67 when he weighed back in. He agreed that the domes of the bag were not fastened when he weighed out but he said he had not moved any weights around subsequent to that time. The weights slipping out of the bag was thus the only possible explanation.

Reasons for Decision:

Mr Moir admitted the breach.

Submissions for Penalty:

Mr Davidson produced the respondent’s record, which was clear under any rule this season and he accepted, as does this committee, that the respondent has no breaches of any weighing rule. He described the breach as serious as the connections of QUARTZE lost $2,400 as a consequence of the disqualification of the horse.

Mr Davidson submitted that a 2 day suspension was appropriate.

Mr Moir explained that he was not in a position to pay a fine of any significance, as he was only on limited wages, and asked that we have regard to his record. He stated that he did not ride outside the South Island.

Reasons for Penalty:

We agree with Mr Davidson's description of the breach as being serious. Not only did the connections of QUARTZE lose $2,400 as a consequence of the disqualification of the horse, those people that invested on the horse in multiple bets lost their money. The penalty has to reflect this fact and Mr Moir has to be held accountable. The integrity of racing demands no less.

Mitigating factors are the limited opportunities available to jump jockeys, especially those resident in the South Island, the ready admission of the breach, and Mr Moir’s co-operation with the stipendiary stewards’ investigation. We do not overlook the respondent’s excellent record both with respect to weighing and more generally. 

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: 0fa7b260ca9c9c1b5d476d5645f4c4f6


informantnumber: 5778


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/05/2013


hearing_title: Otago RC 9 June 2013 - R 3


charge:

Mr Davidson, stipendiary steward, alleged that Mr Moir, the rider of the 2nd horse QUARTZE in race 3, the Otago Hunt Steeplechase, weighed in at a weight that was less than the proper weight.

Rule 649(3) provides:

“A Rider must not weigh-in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).”


facts:

Mr Davidson stated that Mr Moir had weighed out at 68 kg. On weighing back in Mr Moir was unable to make 67. He was only 66.8 to 66.9 kg.


appealdecision:


isappeal:


submissionsfordecision:

Mr Davidson explained that subsequent to the protest inquiries had been made and it was established that when the respondent weighed out the domes on the weight bag were not fastened. Mr Moir had then placed the bag on the floor in a position where there were other weights. The likely explanation for the weight discrepancy was that a weight had slipped out of the bag and this had not been noticed due to the presence of the other weights.

Mr Moir confirmed he had weighed out at 68 kg and that he was unable to make 67 when he weighed back in. He agreed that the domes of the bag were not fastened when he weighed out but he said he had not moved any weights around subsequent to that time. The weights slipping out of the bag was thus the only possible explanation.


reasonsfordecision:

Mr Moir admitted the breach.


Decision:

We find the breach proved.


sumissionsforpenalty:

Mr Davidson produced the respondent’s record, which was clear under any rule this season and he accepted, as does this committee, that the respondent has no breaches of any weighing rule. He described the breach as serious as the connections of QUARTZE lost $2,400 as a consequence of the disqualification of the horse.

Mr Davidson submitted that a 2 day suspension was appropriate.

Mr Moir explained that he was not in a position to pay a fine of any significance, as he was only on limited wages, and asked that we have regard to his record. He stated that he did not ride outside the South Island.


reasonsforpenalty:

We agree with Mr Davidson's description of the breach as being serious. Not only did the connections of QUARTZE lose $2,400 as a consequence of the disqualification of the horse, those people that invested on the horse in multiple bets lost their money. The penalty has to reflect this fact and Mr Moir has to be held accountable. The integrity of racing demands no less.

Mitigating factors are the limited opportunities available to jump jockeys, especially those resident in the South Island, the ready admission of the breach, and Mr Moir’s co-operation with the stipendiary stewards’ investigation. We do not overlook the respondent’s excellent record both with respect to weighing and more generally. 


penalty:

We impose a 3-day South Island jumps suspension. This is effective from the end of racing today and ceases after racing at Oamaru on 29 July.


hearing_type: Hearing


Rules: 649(3)


Informant: Mr M Davidson, stipendiary steward


JockeysandTrainer: Mr S Moir, licensed jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 835ea546a691072bba0fe9c6faf4e629


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d32cfa2a23aa160915fd4bb7fe3aee44


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/06/2013


meet_title: Otago RC - 9 June 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Otago RC