Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

R Te Aroha 15 July 2013 – R 1

ID: JCA14459

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr P Ormsby - Class D Rider

Other Person:
Mr W O'Hearn - Clerk of Scales

Information Number:
A2759

Hearing Type:
Hearing

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Te Aroha - 15 July 2013

Meet Chair:
ADooley

Race Date:
2013/07/15

Race Number:
R1

Decision:

As Mr Ormsby admitted the breach the charge is proved.

Penalty:

Accordingly, Mr Ormsby was fined $500.

Charge:

Following race 1, Sandhaven Stables Hurdle, an Information was filed pursuant to Rule 330(3)(c). The Informant, Mr Coles, alleged that Mr Ormsby failed to make weight for any of his 5 declared rides today.

Mr Ormsby acknowledged that he understood the nature of the charge and the Rule.

Rule 330(3)(c provides : A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.

Facts:

Mr Coles told the Committee that prior to race 1 Mr Ormsby got changed and weighed himself. The Clerk of Scales, Mr O’Hearn, confirmed with the Stewards’ that Mr Ormsby was 67kg. This meant he was unable to make the contracted weight on 5 horses during the day.

Mr Ormsby confirmed that he went to check his weight prior to race 1 which showed he was 67.2kgs. He said he tried hard to make the contracted weights but was unable to comply.

In response to a question from the Committee, Mr Ormsby was unable to provide any valid explanation for not making the handicapped weights. Mr Ormsby did concede that he needs to have better communication with connections in the future.

Submissions for Penalty:

Mr Coles produced Mr Ormsby's record which showed 2 previous breaches under this rule which occurred in May and June this year. These breaches were dealt with as minor infringements. He said Mr Ormsby record was building up in a short period of time and stated that a monetary fine with a reasonable deterrent was an appropriate penalty. He added if the Committee sought a suspension it should be 2 or 3 days.

Mr Ormsby acknowledged his record is not good and his actions let a number of connections down. He submitted he would prefer a fine to a suspension, this would allow him to continue riding in races. He did not wish to comment on an appropriate sum as a fine.
In response to a question from the committee, Mr Ormsby stated he had no intention of riding at Oamaru on July 29 if the Committee was to impose a suspension.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee accepts Mr Ormsby's limited riding opportunities available to him as a jump and highweight rider and had regard for this when determining penalty. The mitigating factor is Mr Ormsby’s admission of the breach, although this was inevitable. The significant aggravating factors are Mr Ormsby's poor record under this Rule in a short period of time. Mr Ormsby failed to make the contracted weight for 5 horses which in my view is irresponsible. This placed their connections at a distinct disadvantage to find suitable replacement riders at short notice. A further aggravating fact is the betting public who had already invested on Mr Ormsby.

The Committee notes the next available opportunity for jump and highweight riders is on July 24 at Te Rapa and July 25 at Awapuni for which 2 jumping races are carded on each of these dates.

The Committee also referred to similar breaches before imposing penalty.

After taking into account all the above factors the Committee considers a fine to be the 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: 86288491bd7934a63de773e7b9e42f17


informantnumber: A2759


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/06/2013


hearing_title: R Te Aroha 15 July 2013 - R 1


charge:

Following race 1, Sandhaven Stables Hurdle, an Information was filed pursuant to Rule 330(3)(c). The Informant, Mr Coles, alleged that Mr Ormsby failed to make weight for any of his 5 declared rides today.

Mr Ormsby acknowledged that he understood the nature of the charge and the Rule.

Rule 330(3)(c provides : A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.


facts:

Mr Coles told the Committee that prior to race 1 Mr Ormsby got changed and weighed himself. The Clerk of Scales, Mr O’Hearn, confirmed with the Stewards’ that Mr Ormsby was 67kg. This meant he was unable to make the contracted weight on 5 horses during the day.

Mr Ormsby confirmed that he went to check his weight prior to race 1 which showed he was 67.2kgs. He said he tried hard to make the contracted weights but was unable to comply.

In response to a question from the Committee, Mr Ormsby was unable to provide any valid explanation for not making the handicapped weights. Mr Ormsby did concede that he needs to have better communication with connections in the future.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Ormsby admitted the breach the charge is proved.


sumissionsforpenalty:

Mr Coles produced Mr Ormsby's record which showed 2 previous breaches under this rule which occurred in May and June this year. These breaches were dealt with as minor infringements. He said Mr Ormsby record was building up in a short period of time and stated that a monetary fine with a reasonable deterrent was an appropriate penalty. He added if the Committee sought a suspension it should be 2 or 3 days.

Mr Ormsby acknowledged his record is not good and his actions let a number of connections down. He submitted he would prefer a fine to a suspension, this would allow him to continue riding in races. He did not wish to comment on an appropriate sum as a fine.
In response to a question from the committee, Mr Ormsby stated he had no intention of riding at Oamaru on July 29 if the Committee was to impose a suspension.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee accepts Mr Ormsby's limited riding opportunities available to him as a jump and highweight rider and had regard for this when determining penalty. The mitigating factor is Mr Ormsby’s admission of the breach, although this was inevitable. The significant aggravating factors are Mr Ormsby's poor record under this Rule in a short period of time. Mr Ormsby failed to make the contracted weight for 5 horses which in my view is irresponsible. This placed their connections at a distinct disadvantage to find suitable replacement riders at short notice. A further aggravating fact is the betting public who had already invested on Mr Ormsby.

The Committee notes the next available opportunity for jump and highweight riders is on July 24 at Te Rapa and July 25 at Awapuni for which 2 jumping races are carded on each of these dates.

The Committee also referred to similar breaches before imposing penalty.

After taking into account all the above factors the Committee considers a fine to be the appropriate penalty.


penalty:

Accordingly, Mr Ormsby was fined $500.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr P Ormsby - Class D Rider


Otherperson: Mr W O'Hearn - Clerk of Scales


PersonPresent:


Respondent:


StipendSteward:


raceid: ba55a9a9d0d5141826852760df957928


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: eaa809f06eaf5b9e19f129eaa15ec232


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/07/2013


meet_title: Racing Te Aroha - 15 July 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-te-aroha


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: none


meet_pm2: none


name: Racing Te Aroha