Riverton RC 7 April 2012 – R 5
ID: JCA12036
Code:
Thoroughbred
Meet Title:
Riverton RC - 7 April 2012
Meet Chair:
NSkelt
Meet Committee Member 1:
ADennis
Race Date:
2012/04/07
Race Number:
Race 5
Decision:
Miss Denby had admitted the breach thus the Committee finds the charge proved.
Penalty:
Given the unusual mitigating circumstances the Committee believes they have shown support for both the Stipendiary Stewards and also to Miss Denby and have given a decision that reflects the "Human Elements" of the case, as it was presented to them.
No monetary fine was imposed.
Charge:
At the conclusion of Race 5 The Whitehouse Hotel and Lorneville Super Liquor 1400m an information (A5879) was lodged by Stipendiary Steward Mr M Davidson alleging that Apprentice Jockey Miss A Denby rode in a modified body protector.
Miss A Denby admitted the breach.
Facts:
Stipendiary Steward Mr M Davidson stated that after Race 5 Stipendiary Steward Mr J McLaughlin checked all of the jockeys after weighing in to ensure they were wearing the correct body protector. On inspection Mr J McLaughlin found Miss A Denby to be wearing a modified body protector.
Stipendiary Steward Mr J McLaughlin showed the Committee Miss A Denby's body protector which had two flaps at its base, that had no infills in place.
Submissions for Decision:
Mr M Pitman, who was supporting Miss Denby as her employer, stated that Miss Denby had been using the Zilco Body Protector for a long period of time both in New Zealand and Australia, without any issues.
Miss Denby stated that she had purchased the body protector off a North Island rider and that she had been checked by Stipendiary Stewards in Australia six, or seven times and in the North Island on several occasions over the past two years, and the body protector had been approved without issue.
Miss Denby stated that the two base flaps, with no infills was no different than the Viper Body Protector, which had no flaps, or tail piece.
Both Stipendiary Stewards Mr M Davidson and Mr J McLaughlin agreed that the shape of the Zilco Body protector that was worn by Miss A Denby was no different than the Viper Body protector that was now commonly used.
Miss Denby also stated that she was physically short in stature, and from a Health and Safety issue the two Body Protectors were no different in supporting her, and the tail pieces were of no use.
Submissions for Penalty:
Stipendiary Steward Mr Davidson stated that Miss Denby's record was clear under this rule, and that there was no suggestion that Miss Denby was attempting to gain any benefit or that her actions were anything but in accordance with her belief that the body protector was conforming to the rule and regulations.
Mr Davidson also stated that there had been an emphasis put on body protectors and their use in recent times by the Stipendiary Stewards, throughout New Zealand.
Mr Davidson also stated that he believed a fine in the range of $400 to $500 would be appropriate.
Miss Denby stated that she had recently returned from Australia after Christmas 2011, and was continuing her Apprenticeship with Mr Pitman.
Miss Denby rides almost solely for Mr Pitman's team, having up to two race day rides at meetings Canterbury South, on most occasions.
Reasons for Penalty:
The Committee considered all of the evidence, and submissions, and it is clear that Miss Denby has worn by her own admission a modified body protector.
The Committee also acknowledges that a jockey's safety is paramount and that a lack of knowledge of a rule or rule change is not a mitigating factor.
The Committee however believe in this case, some discretion in fixing penalty is appropriate, and the reasons are as follows:
- Miss Denby has only recently returned from Australia, where her body protector was checked and approved.
- Miss Denby's body protector has been checked in the North Island New Zealand and had not been picked up as non conforming, therefore it may be reasonable for Miss Denby to assume that her body protector was conforming.
- Miss Denby is an Apprentice Jockey who has a career record of limited race day opportunities.
- The Stipendiary Stewards have in their submissions stated that Miss Denby had no intent to mislead them or put her own personal safety at risk.
- The Committee found it also interesting to note from a Health and Safety aspect that the Zilco Body Protector and the Viper Body Protector are both similar in shape but the Viper Body Protector has no flaps. Clearly therefore there appears to be no physical difference between the body protectors.
- Miss Denby throughout the hearing was open and honest and admitted the breach at the earliest possible point.
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: 317984f08d43a3f15bb1d81d2efda627
informantnumber: A5879
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 29/03/2012
hearing_title: Riverton RC 7 April 2012 - R 5
charge:
At the conclusion of Race 5 The Whitehouse Hotel and Lorneville Super Liquor 1400m an information (A5879) was lodged by Stipendiary Steward Mr M Davidson alleging that Apprentice Jockey Miss A Denby rode in a modified body protector.
Miss A Denby admitted the breach.
facts:
Stipendiary Steward Mr M Davidson stated that after Race 5 Stipendiary Steward Mr J McLaughlin checked all of the jockeys after weighing in to ensure they were wearing the correct body protector. On inspection Mr J McLaughlin found Miss A Denby to be wearing a modified body protector.
Stipendiary Steward Mr J McLaughlin showed the Committee Miss A Denby's body protector which had two flaps at its base, that had no infills in place.
appealdecision:
isappeal:
submissionsfordecision:
Mr M Pitman, who was supporting Miss Denby as her employer, stated that Miss Denby had been using the Zilco Body Protector for a long period of time both in New Zealand and Australia, without any issues.
Miss Denby stated that she had purchased the body protector off a North Island rider and that she had been checked by Stipendiary Stewards in Australia six, or seven times and in the North Island on several occasions over the past two years, and the body protector had been approved without issue.
Miss Denby stated that the two base flaps, with no infills was no different than the Viper Body Protector, which had no flaps, or tail piece.
Both Stipendiary Stewards Mr M Davidson and Mr J McLaughlin agreed that the shape of the Zilco Body protector that was worn by Miss A Denby was no different than the Viper Body protector that was now commonly used.
Miss Denby also stated that she was physically short in stature, and from a Health and Safety issue the two Body Protectors were no different in supporting her, and the tail pieces were of no use.
reasonsfordecision:
Decision:
Miss Denby had admitted the breach thus the Committee finds the charge proved.
sumissionsforpenalty:
Stipendiary Steward Mr Davidson stated that Miss Denby's record was clear under this rule, and that there was no suggestion that Miss Denby was attempting to gain any benefit or that her actions were anything but in accordance with her belief that the body protector was conforming to the rule and regulations.
Mr Davidson also stated that there had been an emphasis put on body protectors and their use in recent times by the Stipendiary Stewards, throughout New Zealand.
Mr Davidson also stated that he believed a fine in the range of $400 to $500 would be appropriate.
Miss Denby stated that she had recently returned from Australia after Christmas 2011, and was continuing her Apprenticeship with Mr Pitman.
Miss Denby rides almost solely for Mr Pitman's team, having up to two race day rides at meetings Canterbury South, on most occasions.
reasonsforpenalty:
The Committee considered all of the evidence, and submissions, and it is clear that Miss Denby has worn by her own admission a modified body protector.
The Committee also acknowledges that a jockey's safety is paramount and that a lack of knowledge of a rule or rule change is not a mitigating factor.
The Committee however believe in this case, some discretion in fixing penalty is appropriate, and the reasons are as follows:
- Miss Denby has only recently returned from Australia, where her body protector was checked and approved.
- Miss Denby's body protector has been checked in the North Island New Zealand and had not been picked up as non conforming, therefore it may be reasonable for Miss Denby to assume that her body protector was conforming.
- Miss Denby is an Apprentice Jockey who has a career record of limited race day opportunities.
- The Stipendiary Stewards have in their submissions stated that Miss Denby had no intent to mislead them or put her own personal safety at risk.
- The Committee found it also interesting to note from a Health and Safety aspect that the Zilco Body Protector and the Viper Body Protector are both similar in shape but the Viper Body Protector has no flaps. Clearly therefore there appears to be no physical difference between the body protectors.
- Miss Denby throughout the hearing was open and honest and admitted the breach at the earliest possible point.
penalty:
Given the unusual mitigating circumstances the Committee believes they have shown support for both the Stipendiary Stewards and also to Miss Denby and have given a decision that reflects the "Human Elements" of the case, as it was presented to them.
No monetary fine was imposed.
hearing_type: Hearing
Rules: 610(4) A rider may not wear or have in their possesion a body protector or a skull cap that does not comply with requirements of sub rule(4)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Miss A Denby - Apprentice Jockey (CINNAMON)
Otherperson: Mr M Pitman - Trainer and Employer of Miss A Denby, Mr J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1455bc08dc8a288f34ee4ee66e41c68b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9b03b97da7c890c43c376fcdc0a9125d
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/04/2012
meet_title: Riverton RC - 7 April 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "NSkelt", "Member": "", "OtherExpenses": "0", "KMs": "72", "Total": "44.64", "kmprice": 44.640000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: riverton-rc
meet_racingtype: thoroughbred-racing
meet_chair: NSkelt
meet_pm1: ADennis
meet_pm2: none
name: Riverton RC