R Rotorua 11 May 2019 – R 5 – Chair, Mr A Dooley
ID: JCA12402
Code:
Thoroughbred
Meet Title:
Racing Rotorua - 11 May 2019
Meet Chair:
ADooley
Meet Committee Member 1:
PWilliams
Race Date:
2019/05/11
Race Number:
R5
Decision:
As Mr Elliot admitted the breach the Committee found the charge proved.
Penalty:
Mr Elliot was fined $250.
Facts:
Prior to race 5, Campbell Infrastructure Rotorua Cup (Group 3) an Information was filed pursuant to Rule 330(3)(c). The Informant, Mr Oatham, alleged that Mr Elliot failed to make the contracted weight for BALHAM.
Rule 330(3)(c) provides:
(3) A Rider shall not:
(c) fail to ride a horse at the weight at which it is handicapped to carry;
Mr Elliot said that he understood the Rule and confirmed he admitted the breach.
When asked by the Committee Mr Elliot said that he did not require any assistance at the hearing.
Mr Oatham told the Committee that Mr Elliot informed the Stewards after an earlier race that he was unable to get down to the carded weight of 53 kg for BALHAM. He said that Mr Elliot was 1 ½ kg overweight and there were limited options available for a suitable lightweight replacement rider. He added that Mrs Satherley replaced Mr Elliot.
Mr Elliot said that he thought he could lose a little bit of weight on raceday but was unable to do so.
Submissions for Penalty:
Mr Oatham said that Mr Elliot was near the end of his apprenticeship and he had never breached this Rule. He said this was an exceptional record and noted that in recent times a lot of Jockeys have been finding it difficult to lose weight.
Mr Oatham said this breach would normally be dealt with by the way of a Minor Infringement but given the overweight occurred in a Group 3 race worth $75,000 an Information was warranted. He submitted a fine in the vicinity of $250 to $300 would be sufficient.
Mr Elliot made no submissions on penalty.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
In failing to make the handicapped weight Mr Elliot let down the connections of BALHAM. The connections were disadvantaged at finding a suitable replacement rider at very late notice. The fact that the breach occurred in a Group 3 race worth $75,000 is an aggravating factor. This is in accordance with Rule 920(2) in which Committees have regard for the status of the race, the stakes payable and the consequential effects upon any person or horse as a result of the breach of the Rule. Therefore an uplift in penalty was applied.
The mitigating factors were Mr Elliot’s admission of the breach and his unblemished record for which he was afforded a discount.
After considering all matters the Committee deemed that an appropriate penalty was a $250 fine.
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: 5887b5e42acb046db5f2ad3d057d5a1f
informantnumber: A11512
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to make weight
plea: admitted
penaltyrequired: 1
decisiondate: 12/05/2019
hearing_title: R Rotorua 11 May 2019 - R 5 - Chair, Mr A Dooley
charge:
facts:
Prior to race 5, Campbell Infrastructure Rotorua Cup (Group 3) an Information was filed pursuant to Rule 330(3)(c). The Informant, Mr Oatham, alleged that Mr Elliot failed to make the contracted weight for BALHAM.
Rule 330(3)(c) provides:
(3) A Rider shall not:
(c) fail to ride a horse at the weight at which it is handicapped to carry;
Mr Elliot said that he understood the Rule and confirmed he admitted the breach.
When asked by the Committee Mr Elliot said that he did not require any assistance at the hearing.
Mr Oatham told the Committee that Mr Elliot informed the Stewards after an earlier race that he was unable to get down to the carded weight of 53 kg for BALHAM. He said that Mr Elliot was 1 ½ kg overweight and there were limited options available for a suitable lightweight replacement rider. He added that Mrs Satherley replaced Mr Elliot.
Mr Elliot said that he thought he could lose a little bit of weight on raceday but was unable to do so.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Elliot admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Mr Elliot was near the end of his apprenticeship and he had never breached this Rule. He said this was an exceptional record and noted that in recent times a lot of Jockeys have been finding it difficult to lose weight.
Mr Oatham said this breach would normally be dealt with by the way of a Minor Infringement but given the overweight occurred in a Group 3 race worth $75,000 an Information was warranted. He submitted a fine in the vicinity of $250 to $300 would be sufficient.
Mr Elliot made no submissions on penalty.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
In failing to make the handicapped weight Mr Elliot let down the connections of BALHAM. The connections were disadvantaged at finding a suitable replacement rider at very late notice. The fact that the breach occurred in a Group 3 race worth $75,000 is an aggravating factor. This is in accordance with Rule 920(2) in which Committees have regard for the status of the race, the stakes payable and the consequential effects upon any person or horse as a result of the breach of the Rule. Therefore an uplift in penalty was applied.
The mitigating factors were Mr Elliot’s admission of the breach and his unblemished record for which he was afforded a discount.
After considering all matters the Committee deemed that an appropriate penalty was a $250 fine.
penalty:
Mr Elliot was fined $250.
hearing_type: Hearing
Rules: 330(3)(c)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr R Elliot - Apprentice Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7bfae6aa4cb63ac19c99a94f1845c48d
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: 12d9b70725737cc8140fbd626c73d1b6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/05/2019
meet_title: Racing Rotorua - 11 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-rotorua
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: PWilliams
meet_pm2: none
name: Racing Rotorua