Archive Decision

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Waikato RC 30 September 2012 – R 3 (request for a ruling)

ID: JCA16777

Stipend Steward:
Mr J Oatham - Stipendiary Steward

Hearing Type:
Request Ruling

Rules:
648(3)

Code:
Thoroughbred

Meet Title:
Waikato RC - 30 September 2012

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2012/09/30

Race Number:
R3

Decision:

For the above reasons JOEROK is disqualified from 3rd place.

The amended placings are:

1st No. 8 FLAVOUR FLAV
2nd No. 6 ARURITESON
3rd No. 11 SILK N SATIN
4th No. 3 BIG BROWNIE

The committee authorised payment of stakes and dividends in accordance with the amended result.

Facts:

Following race 3, an information requesting a ruling was filed pursuant to Rule 648(3). The informant, Mr Oatham alleged that Ms Forbes the rider of JOEROK weighed in light by approximately 0.6 to 0.7 kg.

Mr Oatham read the rule and Ms Forbes acknowledged that she understood it. 

Submissions for Decision:

Mr Oatham advised the committee that Rule 648(3) provides that “If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.

Mr Oatham informed the committee that JOEROK”S carded weight was 70.5kg and was able to claim a 3kg allowance, reducing the weight to 67.5kg.

Mr Sanders the Clerk of the Scales advised the committee that Ms Forbes weighed out at 67.5kg. He said following the running of the race, Ms Forbes weighed in between 0.6kg to 0.7kg under weight.

Mr K Rae (Snr) representing the connections of JOEROK advised the committee that there was no possible reason for Ms Forbes to have weighed in light. He said that either the scales were faulty or there has been a mistake.

Ms Forbes when asked could offer no explanation.

In summing up Mr Oatham submitted that the rule is one of strict liability and does not provide for any discretion.

Neither Mr Rae nor Ms Forbes had anything further to say.

Reasons for Decision:

The committee carefully assessed the submissions of all parties. The relevant rule provides for a tolerance of 0.5kg and in this case Ms Forbes weighed in outside the permitted 0.5kg leeway therefore the committee had no option other than to disqualify JOEROK from 3rd place.

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: 9fe59860291fa6fa4df69969783e5283


informantnumber:


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 05/09/2012


hearing_title: Waikato RC 30 September 2012 - R 3 (request for a ruling)


charge:


facts:

Following race 3, an information requesting a ruling was filed pursuant to Rule 648(3). The informant, Mr Oatham alleged that Ms Forbes the rider of JOEROK weighed in light by approximately 0.6 to 0.7 kg.

Mr Oatham read the rule and Ms Forbes acknowledged that she understood it. 


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham advised the committee that Rule 648(3) provides that “If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.

Mr Oatham informed the committee that JOEROK”S carded weight was 70.5kg and was able to claim a 3kg allowance, reducing the weight to 67.5kg.

Mr Sanders the Clerk of the Scales advised the committee that Ms Forbes weighed out at 67.5kg. He said following the running of the race, Ms Forbes weighed in between 0.6kg to 0.7kg under weight.

Mr K Rae (Snr) representing the connections of JOEROK advised the committee that there was no possible reason for Ms Forbes to have weighed in light. He said that either the scales were faulty or there has been a mistake.

Ms Forbes when asked could offer no explanation.

In summing up Mr Oatham submitted that the rule is one of strict liability and does not provide for any discretion.

Neither Mr Rae nor Ms Forbes had anything further to say.


reasonsfordecision:

The committee carefully assessed the submissions of all parties. The relevant rule provides for a tolerance of 0.5kg and in this case Ms Forbes weighed in outside the permitted 0.5kg leeway therefore the committee had no option other than to disqualify JOEROK from 3rd place.


Decision:

For the above reasons JOEROK is disqualified from 3rd place.

The amended placings are:

1st No. 8 FLAVOUR FLAV
2nd No. 6 ARURITESON
3rd No. 11 SILK N SATIN
4th No. 3 BIG BROWNIE

The committee authorised payment of stakes and dividends in accordance with the amended result.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Request Ruling


Rules: 648(3)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent: Mr K Rae (Snr) - Trainer of JOEROK, Ms J Forbes - Rider of JOEROK, Mr R Sanders - Clerk of Scales


Respondent:


StipendSteward: Mr J Oatham - Stipendiary Steward


raceid: ba4de27de00f24344d26093b3124aa47


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e4452be91d9d15f0f3590424a61f23be


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/09/2012


meet_title: Waikato RC - 30 September 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Waikato RC