Taranaki RI 6 June 2019 – R 5 – Chair, Mr T Utikere
ID: JCA12244
Code:
Thoroughbred
Meet Title:
Taranaki JC - 6 June 2019
Meet Chair:
TUtikere
Meet Committee Member 1:
TBird
Race Date:
2019/06/06
Race Number:
R1
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr O’Malley is fined $300.
Facts:
Following the running of Race 5 (ZED AT GRANGEWILLIAM STUD 1100m), Information A11608 was filed with the Judicial Committee. It alleged a breach of Rule 619(b) by Licensed Apprentice Rider Mr S O’Malley. The Information alleged that: ”...Sam O’Malley changed his riding boots after weighing out”.
Rule 619(b) states:
“...and unless a Stipendiary Steward permits otherwise, that Rider (after being weighed out) must not remove or add any article of wearing apparel (including any dead weight about his body) or riding gear with which he did or did not weigh out as the case may be..”
Mr O’Malley had signed the Information as admitting the breach, and had endorsed it with “I do not wish to be present at the hearing of this Information”.
Mr Balcombe explained that after Race 5, Stipendiary Steward Mr Bateup had advised the Chairman of Stewards that upon returning to scale, Mr O’Malley had changed his boots from the ones he was wearing when he had weighed out. As Mr Bateup had observed Mr O’Malley weighing out in his ‘old boots’, he advised him that he was required to ride with the boots he had weighed out in.
Mr Balcombe informed the Committee that when spoken to, Mr O’Malley had no explanation for his actions.
Submissions for Penalty:
As the JCA Penalty Guidelines did not identify a starting point for this offence, Mr Balcombe submitted that the position of the RIU was that a $200 fine was appropriate. While a previous breach by Mr Bosson attracted a $500 fine due to the status of the particular race in which that breach occurred, the current breach occurred on a low key day and historical penalties had been around the $200 mark. He also confirmed that Mr O’Malley had still made the weight.
Mr O’Malley was not present to make any penalty submissions.
Reasons for Penalty:
There is no specified starting point for a breach of this rule in the JCA Penalty Guidelines. The Committee has reviewed the decision of RIU v Bosson (10 March 2018), which relates to the Group 1 Auckland Cup. In that decision, reference is made to previous breaches being dealt with by was of a fine in the vicinity of $100 to $200. As Mr O’Malley had elected not to attend the hearing, the Committee is not in a position to be able to consider any aspects of mitigation, or any explanations that he otherwise would have placed before the Committee. In our view, a significant aggravating feature is that Mr O’Malley’s actions were in direct defiance of a direction issued to him by a stipendiary steward. He was made aware that he was required to wear the boots that he had weighed out in by Mr Bateup, yet he chose to ignore that direction. In mitigation we consider his admission of the breach and his record.
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: 45934ebbcc65dae2a224843e4c7037c9
informantnumber: A11608
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Weighing in incorrect gear
plea: admitted
penaltyrequired: 1
decisiondate: 06/06/2019
hearing_title: Taranaki RI 6 June 2019 - R 5 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 5 (ZED AT GRANGEWILLIAM STUD 1100m), Information A11608 was filed with the Judicial Committee. It alleged a breach of Rule 619(b) by Licensed Apprentice Rider Mr S O’Malley. The Information alleged that: ”...Sam O’Malley changed his riding boots after weighing out”.
Rule 619(b) states:
“...and unless a Stipendiary Steward permits otherwise, that Rider (after being weighed out) must not remove or add any article of wearing apparel (including any dead weight about his body) or riding gear with which he did or did not weigh out as the case may be..”
Mr O’Malley had signed the Information as admitting the breach, and had endorsed it with “I do not wish to be present at the hearing of this Information”.
Mr Balcombe explained that after Race 5, Stipendiary Steward Mr Bateup had advised the Chairman of Stewards that upon returning to scale, Mr O’Malley had changed his boots from the ones he was wearing when he had weighed out. As Mr Bateup had observed Mr O’Malley weighing out in his ‘old boots’, he advised him that he was required to ride with the boots he had weighed out in.
Mr Balcombe informed the Committee that when spoken to, Mr O’Malley had no explanation for his actions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
As the JCA Penalty Guidelines did not identify a starting point for this offence, Mr Balcombe submitted that the position of the RIU was that a $200 fine was appropriate. While a previous breach by Mr Bosson attracted a $500 fine due to the status of the particular race in which that breach occurred, the current breach occurred on a low key day and historical penalties had been around the $200 mark. He also confirmed that Mr O’Malley had still made the weight.
Mr O’Malley was not present to make any penalty submissions.
reasonsforpenalty:
There is no specified starting point for a breach of this rule in the JCA Penalty Guidelines. The Committee has reviewed the decision of RIU v Bosson (10 March 2018), which relates to the Group 1 Auckland Cup. In that decision, reference is made to previous breaches being dealt with by was of a fine in the vicinity of $100 to $200. As Mr O’Malley had elected not to attend the hearing, the Committee is not in a position to be able to consider any aspects of mitigation, or any explanations that he otherwise would have placed before the Committee. In our view, a significant aggravating feature is that Mr O’Malley’s actions were in direct defiance of a direction issued to him by a stipendiary steward. He was made aware that he was required to wear the boots that he had weighed out in by Mr Bateup, yet he chose to ignore that direction. In mitigation we consider his admission of the breach and his record.
penalty:
Mr O’Malley is fined $300.
hearing_type: Hearing
Rules: Rule 619(b)
Informant: Mr D Balcombe - Stipendiary Steward
JockeysandTrainer: Mr S O'Malley - Apprentice Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 005950b375a705c1b2d00e9584680efd
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: c2e487fca4ecc18632cdad88e6572a14
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/06/2019
meet_title: Taranaki JC - 6 June 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-jc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: TBird
meet_pm2: none
name: Taranaki JC