Paeroa RC 14 May 2012 – R 2
ID: JCA16839
Code:
Thoroughbred
Meet Title:
Paeroa RC - 14 May 2012
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2012/05/14
Race Number:
R 2
Decision:
As Mr Ihaka admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a fine of $350.
Charge:
Following race 2 an information was filed pursuant to Rule 802(1)(a). The informant Mr Oatham alleged that Mr Ihaka wore his body protector (vest) incorrectly after being directed that he must wear it in the correct manner.
Facts:
Mr Oatham informed the committee that prior to race 2 he had brought all the riders into the steward’s room to show them the steeplechase course map. At this point Mr Oatham observed Mr Ihaka to be wearing his vest inside out. He told Mr Ihaka that the vest must be worn correctly, Mr Ihaka changed it around in the presence of Mr Oatham. When Mr Ihaka weighed in after the race Mr Oatham again observed that Mr Ihaka had changed it back and therefore was non compliant and he also failed to comply with the direction previously given.
Mr Ihaka acknowledged Mr Oatham's interpretation of the incident to be correct. He explained to the committee that the vest was uncomfortable and that was the reason he changed it over.
Submissions for Penalty:
Mr Oatham produced Mr Ihaka' records which showed he had been disqualified from August 2010 to February 2012 (18 months). Mr Ihaka had 2 previous breaches back in 2008 for failing to a follow a directive and a 3 week suspension regarding a breach over wearing an incorrect vest. Mr Oatham referred to a similar case in recent times which a fine of $250 was imposed. However, Mr Oatham was disappointed that Mr Ihaka failed to comply with a directive that was given to him 10 minutes prior to the race. Mr Oatham submitted a fine in the range of $300 to $400 would be an appropriate penalty.
Mr Ihaka when asked for his submissions on penalty he advised the committee that he had just resumed race riding and would struggle to pay a fine.
The committee informed Mr Ihaka that the penalty would either be a fine or a suspension. Mr Ihaka then told the committee that he would pay a fine.
Reasons for Penalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr Ihaka admission of the breach. The aggravating factors are as follows, Mr Ihaka had previously incurred penalties under this Rule, he failed to comply with a directive given to him by a Steward and it is paramount that riders comply with the regulations when wearing a body protector. The committee referred to the JCA listing of penalties and this showed $350 to be an appropriate penalty.
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: a8e38dc9280f3e7f9fa101204c1c8bfa
informantnumber: 4504
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2012
hearing_title: Paeroa RC 14 May 2012 - R 2
charge:
Following race 2 an information was filed pursuant to Rule 802(1)(a). The informant Mr Oatham alleged that Mr Ihaka wore his body protector (vest) incorrectly after being directed that he must wear it in the correct manner.
facts:
Mr Oatham informed the committee that prior to race 2 he had brought all the riders into the steward’s room to show them the steeplechase course map. At this point Mr Oatham observed Mr Ihaka to be wearing his vest inside out. He told Mr Ihaka that the vest must be worn correctly, Mr Ihaka changed it around in the presence of Mr Oatham. When Mr Ihaka weighed in after the race Mr Oatham again observed that Mr Ihaka had changed it back and therefore was non compliant and he also failed to comply with the direction previously given.
Mr Ihaka acknowledged Mr Oatham's interpretation of the incident to be correct. He explained to the committee that the vest was uncomfortable and that was the reason he changed it over.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Ihaka admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Ihaka' records which showed he had been disqualified from August 2010 to February 2012 (18 months). Mr Ihaka had 2 previous breaches back in 2008 for failing to a follow a directive and a 3 week suspension regarding a breach over wearing an incorrect vest. Mr Oatham referred to a similar case in recent times which a fine of $250 was imposed. However, Mr Oatham was disappointed that Mr Ihaka failed to comply with a directive that was given to him 10 minutes prior to the race. Mr Oatham submitted a fine in the range of $300 to $400 would be an appropriate penalty.
Mr Ihaka when asked for his submissions on penalty he advised the committee that he had just resumed race riding and would struggle to pay a fine.
The committee informed Mr Ihaka that the penalty would either be a fine or a suspension. Mr Ihaka then told the committee that he would pay a fine.
reasonsforpenalty:
The committee carefully considered all the evidence and submissions presented. The mitigating factor is Mr Ihaka admission of the breach. The aggravating factors are as follows, Mr Ihaka had previously incurred penalties under this Rule, he failed to comply with a directive given to him by a Steward and it is paramount that riders comply with the regulations when wearing a body protector. The committee referred to the JCA listing of penalties and this showed $350 to be an appropriate penalty.
penalty:
Accordingly, we impose a fine of $350.
hearing_type: Hearing
Rules: 802(1)(a)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr I Ihaka - Licensed Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d5200c7ad3fb572f86495c7117ebf208
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 40cd08c27cdd2ae569ed002ac8907f0a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/05/2012
meet_title: Paeroa RC - 14 May 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: paeroa-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Paeroa RC