Waikato RC – 22 May 2010 – R 10

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startdate: 22/05/2010

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hearing_title: Waikato RC - 22 May 2010 - R 10

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr J Oatham

Defendant:  Mr E Dalley

Information No:  362

Meeting:  Waikato Racing Club

Date:  22 May 2010

Venue:  Te Rapa

Race:  10

Rule No:  330 (3c)

Judicial Committee:  R Seabrook, Chairman – A Dooley, Committee Member 

Plea:  Admitted

Also Present: Mr P Mirabelli (Mr Dalley’s employer)

CHARGES:

Prior to Race 10 an Information was filed pursuant to Rule 330 (3c).  The Informant Mr Oatham alleged that Mr Dalley failed to make the contracted weight on BAST.

FACTS:

Mr Oatham explained to the Committee that Mr Dalley was contracted to ride the horse BAST in race 10 at the carded weight of 54 ½ kg.  Mr Dalley was eligible to claim 2kg.  However prior to weighing out Mr Dalley found he could not claim any of his allowance meaning he was 2 kg over the contracted weight.  This resulted in Mr Dalley being replaced for the ride by Miss T Collett, as there was no 2kg claimer available.

SUBMISSION(s):

Mr Dalley said he had been struggling with his weight but was still confident of making the 52 ½ kg in race 10. 

Mr Mirabelli said Mr Dalley had been on holiday and had missed regular track work riding which did not help his weight problem.  He also said Mr Dalley was trying hard with his weight through exercise and diet.

SUBMISSION(s) ON PENALTY:

Mr Oatham said this was Mr Dalley’s 4^th weight charge in the last 12 months so that was of some concern.  He said having to replace e a rider on a premier day at short notice such as this is penalising not only the connections but the betting public alike.  He submitted a fine of $200 - $300 would be appropriate.

Neither Mr Dalley nor Mr Mirabelli had anything further to add.

REASON(s):

The Committee considered all evidence as presented.  Before imposing a penalty the Committee explained to Mr Dalley that in future he had to be sure he could make the contracted weight before accepting rides.  The Committee voiced its concern at Mr Dalley’s record under this rule and told him it must be addressed.  Because this is his 4^th charge in the last 12 months under this rule the Committee is forced to increase the fine from his previous charge.

PENALTY:

Accordingly after taking all the above facts into account we impose a fine of $250.

Richard Seabrook                    Adrian Dooley

CHAIR                                     Committee Member

362

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hearing_type: Old Hearing

Rules: 330 (3) (c)

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race_title: R 10

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meetdate: 22/05/2010

meet_title: Waikato RC - 22 May 2010

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name: Waikato RC