Archive Decision

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Taranaki RC 24 August 2013 – R 3

ID: JCA16691

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr M Du Plessis - Licensed Jockey

Other Person:
Mr R Neal - Co-Chief Stipendiary Steward

Information Number:
A4076

Hearing Type:
Hearing

Rules:
340

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taranaki RC - 24 August 2013

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
ISmith

Race Date:
2013/08/24

Race Number:
R 3

Decision:

As the breach of the rule was admitted the charge was found proved.

Penalty:

Mr Du Plessis was fined $500.00.

Charge:

Alleged breach of Rule 340 - Misconduct.

Facts:

Following the running of Race 3 Information No. A4076 was filed by Stipendiary Steward Mr N Goodwin under Rule 340. The Information stated that Mr Du Plessis misconducted himself prior to the start by striking his horse “General Lee” about the head with his foot.

Mr Du Plessis signed the Information that he did admit the breach and at the beginning of the hearing confirmed that that was correct and that he also understood the rule and the charge preferred against him.

Rule 340 states:

A licensed person, owner, lessee, racing manager, official or other person bound by these rules must not misconduct himself in any manner relating to the conduct of races or racing.

Submissions for Decision:

The video replay was shown by Mr Goodwin and he said that Mr Du Plessis’ mount General Lee was fractious in its barrier stall and that Mr Du Plessis could be seen to stand in the left stirrup iron and kick his right foot forward in the direction of his mount’s head area. He added that whilst it could not be seen if he had made contact with the horse’s head the intention was to do so.

Mr Du Plessis apologised profusely for his misdemeanour and said that this was the first time that he had done anything of this nature in his riding career. He added that General Lee had given him a hard time during the preliminary and when in the barrier the horse threw its head towards the ground on at least three occasions and as a consequence the reins were pulled firmly in his hands and that this had the effect of a whiplash sensation in his neck. He said that he did make contact with the horse’s cheek with the inside of his riding boot. He added that this action was due to sheer frustration with his horse.

Submissions for Penalty:

Mr Goodwin said that this was the first time that Mr Du Plessis had been charged with misconduct and that the action displayed was out of character. He said that the Stewards considered the breach to be relatively serious and submitted that a fine of between $500 and $1000 be imposed.

Mr Du Plessis again said that he was very sorry and said that he deserved whatever penalty was given. He added that he would be telling apprentice jockeys at apprentice schools that under no circumstance should they react in this way.

Reasons for Penalty:

In considering penalty the committee took into account the admission of the breach, the very good record, the genuine remorse and that it was out of character and believed a fine of $500 was 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: d5232957ae891eba82175c90b26b3743


informantnumber: A4076


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 19/08/2013


hearing_title: Taranaki RC 24 August 2013 - R 3


charge:

Alleged breach of Rule 340 - Misconduct.


facts:

Following the running of Race 3 Information No. A4076 was filed by Stipendiary Steward Mr N Goodwin under Rule 340. The Information stated that Mr Du Plessis misconducted himself prior to the start by striking his horse “General Lee” about the head with his foot.

Mr Du Plessis signed the Information that he did admit the breach and at the beginning of the hearing confirmed that that was correct and that he also understood the rule and the charge preferred against him.

Rule 340 states:

A licensed person, owner, lessee, racing manager, official or other person bound by these rules must not misconduct himself in any manner relating to the conduct of races or racing.


appealdecision:


isappeal:


submissionsfordecision:

The video replay was shown by Mr Goodwin and he said that Mr Du Plessis’ mount General Lee was fractious in its barrier stall and that Mr Du Plessis could be seen to stand in the left stirrup iron and kick his right foot forward in the direction of his mount’s head area. He added that whilst it could not be seen if he had made contact with the horse’s head the intention was to do so.

Mr Du Plessis apologised profusely for his misdemeanour and said that this was the first time that he had done anything of this nature in his riding career. He added that General Lee had given him a hard time during the preliminary and when in the barrier the horse threw its head towards the ground on at least three occasions and as a consequence the reins were pulled firmly in his hands and that this had the effect of a whiplash sensation in his neck. He said that he did make contact with the horse’s cheek with the inside of his riding boot. He added that this action was due to sheer frustration with his horse.


reasonsfordecision:


Decision:

As the breach of the rule was admitted the charge was found proved.


sumissionsforpenalty:

Mr Goodwin said that this was the first time that Mr Du Plessis had been charged with misconduct and that the action displayed was out of character. He said that the Stewards considered the breach to be relatively serious and submitted that a fine of between $500 and $1000 be imposed.

Mr Du Plessis again said that he was very sorry and said that he deserved whatever penalty was given. He added that he would be telling apprentice jockeys at apprentice schools that under no circumstance should they react in this way.


reasonsforpenalty:

In considering penalty the committee took into account the admission of the breach, the very good record, the genuine remorse and that it was out of character and believed a fine of $500 was an appropriate penalty.


penalty:

Mr Du Plessis was fined $500.00.


hearing_type: Hearing


Rules: 340


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr M Du Plessis - Licensed Jockey


Otherperson: Mr R Neal - Co-Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 88c65f0f848b047c18cb59812b479bad


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 13e489c22c5fa049080e2d402c1128bb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/08/2013


meet_title: Taranaki RC - 24 August 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taranaki-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: ISmith


meet_pm2: none


name: Taranaki RC