Archive Decision

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Pakuranga HC 20 August 2011 – R 5

ID: JCA13695

Applicant:
Mr A Coles

Respondent(s):
Mr A Kuru

Other Person:
Mr J Barry

Information Number:
6897

Hearing Type:
Hearing

Rules:
610(4)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Pakuranga HC - 20 August 2011

Meet Chair:
RSeabrook

Meet Committee Member 1:
GJones

Race Date:
2011/08/20

Race Number:
R5

Decision:

As the breach was admitted we find the charge proved.

Penalty:

The committee acknowledged Mr Kuru's early admission of the breach and his clear record under this rule.  In recognition of his amateur status we impose a fine of $175.

Charge:

Incorrect vest.

Facts:

Following race 5 an information was filed pursuant to rule 610(4).  The informant Mr A Coles alleged that Mr A Kuru had a modified vest in his possession.

Submissions for Decision:

Mr Coles told the committee that the stewards found that Mr Kuru was wearing a vest which had been modified.  Mr Coles produced the vest and showed the committee that the lower pads had been removed.

Mr Kuru said he understood the rule and his obligations but had removed the pads for comfort reasons.

Mr Barry on behalf of Mr Kuru said Mr Kuru had removed the pads over a year ago.  He said he was naive but there was no malicious intent in his actions.

Submissions for Penalty:

Mr Coles submitted that a breach of this rule normally attracted a fine of $200.

Mr Kuru made no submissions as to penalty.

Reasons for Penalty:

The committee considered all submissions and evidence.  While we have some sympathy that Mr Kuru is an amateur rider it was pointed out to him that his obligations under the rules of racing have equal application to amateur riders.

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: 59fab98502b7e12358aa6f9178abad88


informantnumber: 6897


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 14/08/2011


hearing_title: Pakuranga HC 20 August 2011 - R 5


charge:

Incorrect vest.


facts:

Following race 5 an information was filed pursuant to rule 610(4).  The informant Mr A Coles alleged that Mr A Kuru had a modified vest in his possession.


appealdecision:


isappeal:


submissionsfordecision:

Mr Coles told the committee that the stewards found that Mr Kuru was wearing a vest which had been modified.  Mr Coles produced the vest and showed the committee that the lower pads had been removed.

Mr Kuru said he understood the rule and his obligations but had removed the pads for comfort reasons.

Mr Barry on behalf of Mr Kuru said Mr Kuru had removed the pads over a year ago.  He said he was naive but there was no malicious intent in his actions.


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Coles submitted that a breach of this rule normally attracted a fine of $200.

Mr Kuru made no submissions as to penalty.


reasonsforpenalty:

The committee considered all submissions and evidence.  While we have some sympathy that Mr Kuru is an amateur rider it was pointed out to him that his obligations under the rules of racing have equal application to amateur riders.


penalty:

The committee acknowledged Mr Kuru's early admission of the breach and his clear record under this rule.  In recognition of his amateur status we impose a fine of $175.


hearing_type: Hearing


Rules: 610(4)


Informant: Mr A Coles


JockeysandTrainer: Mr A Kuru


Otherperson: Mr J Barry


PersonPresent:


Respondent:


StipendSteward:


raceid: 9bd54fd7e12a603469c575b8853aa47c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 76e7b43213219ad831544016653d053d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/08/2011


meet_title: Pakuranga HC - 20 August 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: pakuranga-hc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: GJones


meet_pm2: none


name: Pakuranga HC