Waikato RC 30 September 2012 – R 3
ID: JCA12426
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:
As Miss Forbes admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a suspension on Miss Forbes which will commence after racing on 30 September 2012 and conclude after racing on 24 April 2013.
This is in effect an estimated 5 Northern Region Highweights with the first jumps race likely to be at Waikato on 4th May 2013, subject to programming.
Charge:
Following race 3, an information was filed pursuant to Rule 649(3). The informant, Mr Oatham alleged that Miss Forbes the rider of JOEROK weighed in under her weigh out by approximately 0.6 to 0.7 kg.
Mr Oatham read the rule and Miss Forbes acknowledged that she understood it.
Miss Forbes accepted that she weighed in light but had been advised by her employer not to sign the information.　 On that basis the charge was initially dealt with as being ‘not admitted’.　 However, during the course of the hearing, after evidence from the Informant,　Miss Forbes advised the committee that she wished to admit the breach and sought permission to sign the information to that effect.
The committee granted this request and the remainder of the hearing was conducted on the basis of the charge was admitted and therefore proved.
Facts:
Mr Oatham advised the committee that Rule 649(3) provides that " A Rider must not weigh in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).
Mr Oatham informed the committee that JOEROK'S carded weight was 70.5kg and received a 3kg allowance, reducing the weight to 67.5kg. He told the committee that upon weighing in it was noted by the Clerk of Scales that Miss Forbes was underweight by approximately 0.6 to 0.7kg. He said the rule was one of strict liability and Miss Forbes was responsible for her own weight. In summing up he said that there was no explanation given by the connections as to why there was a weight discrepancy.
Miss Forbes informed the committee that she had no clue as to why she weighed in light. She advised us that the gear was given straight to Mr Rae (Snr) and she did not leave her saddle unattended. She also advised the committee that she did not go to the toilet after weighing out and could not understand how the incident occurred.
In response to a question from the committee Miss Forbes acknowledged that she accepted the weight recorded by the Clerk of Scales to be accurate.
Submissions for Penalty:
Mr Oatham advised the committee that this was Miss Forbes' first season of riding and there were not a lot of precedents for this particular rule. He produced similar breaches which resulted in riders being fined $200 and $500 noting that on each occasion the horses were unplaced. He further submitted a South Island rider in 2010 was given a 3 week suspension for a similar breach which equated to 5 race days.
Mr Oatham submitted that an aggravating factor in this case was that JOEROK finished in 3rd place. JOEROK was subsequently disqualified because Miss Forbes weighed in light with the connections losing $2,000 in prize money and the betting public being disadvantaged. He said normally a lengthy suspension would be an appropriate penalty, however this was complicated by the fact that today was the last race day for the jumping season. He said the alternative was for a substantial fine, however he submitted Miss Forbes had a limited earning capacity in the industry and her circumstances are such that a fine may not be an appropriate penalty.
In summing up he said that with the jumping programme and highweight dates not currently available the committee may wish to reserve their decision until the dates could be made available to them in a week’s time. He submitted an appropriate penalty for this breach would be a 1 month suspension.
Miss Forbes submitted that her circumstances are such that she would prefer a suspension as opposed to a fine.
In response to questions from the committee Miss Forbes advised us that she rides 2 horses for Mr Rae (Snr). Miss Forbes informed us that she had 9 rides this season and expected to be riding again next year.
When asked to sum up Miss Forbes had nothing further to say.
Reasons for Penalty:
Having heard submissions as to penalty the Committee determined that further information was required relating to the next Northern Region race meetings in which jumps jockeys were eligible to ride in. This information was required by the Committee so that the full range of sentencing options could be considered. Accordingly, the Committee reserved its decision.
The committee received the dates on October 5 and carefully considered all the evidence and submissions presented. The mitigating factors are Miss Forbes' admission of the breach, she rides only in highweight and jumping events, her full co-operation during the hearing, and her clear record under this rule. The committee is satisfied there was no intent to deceive Officials. However, this has to be balanced against the significant aggravating factor in that JOEROK, which finished 3rd, has been disqualified. This resulted in the betting public and the connections been severely disadvantaged. We referred to the JCA archive listing of penalties for similar breaches and believe an appropriate penalty is a suspension of 5 Northern Region Highweights, which entails a loss of potential earnings of $875 (based on 5 rides and without factoring in percentages).
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: 5acf2bc813d5784bc37bb90fc60e9ccd
informantnumber: A4544
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/10/2012
hearing_title: Waikato RC 30 September 2012 - R 3
charge:
Following race 3, an information was filed pursuant to Rule 649(3). The informant, Mr Oatham alleged that Miss Forbes the rider of JOEROK weighed in under her weigh out by approximately 0.6 to 0.7 kg.
Mr Oatham read the rule and Miss Forbes acknowledged that she understood it.
Miss Forbes accepted that she weighed in light but had been advised by her employer not to sign the information.　 On that basis the charge was initially dealt with as being ‘not admitted’.　 However, during the course of the hearing, after evidence from the Informant,　Miss Forbes advised the committee that she wished to admit the breach and sought permission to sign the information to that effect.
The committee granted this request and the remainder of the hearing was conducted on the basis of the charge was admitted and therefore proved.
facts:
Mr Oatham advised the committee that Rule 649(3) provides that " A Rider must not weigh in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).
Mr Oatham informed the committee that JOEROK'S carded weight was 70.5kg and received a 3kg allowance, reducing the weight to 67.5kg. He told the committee that upon weighing in it was noted by the Clerk of Scales that Miss Forbes was underweight by approximately 0.6 to 0.7kg. He said the rule was one of strict liability and Miss Forbes was responsible for her own weight. In summing up he said that there was no explanation given by the connections as to why there was a weight discrepancy.
Miss Forbes informed the committee that she had no clue as to why she weighed in light. She advised us that the gear was given straight to Mr Rae (Snr) and she did not leave her saddle unattended. She also advised the committee that she did not go to the toilet after weighing out and could not understand how the incident occurred.
In response to a question from the committee Miss Forbes acknowledged that she accepted the weight recorded by the Clerk of Scales to be accurate.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Forbes admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham advised the committee that this was Miss Forbes' first season of riding and there were not a lot of precedents for this particular rule. He produced similar breaches which resulted in riders being fined $200 and $500 noting that on each occasion the horses were unplaced. He further submitted a South Island rider in 2010 was given a 3 week suspension for a similar breach which equated to 5 race days.
Mr Oatham submitted that an aggravating factor in this case was that JOEROK finished in 3rd place. JOEROK was subsequently disqualified because Miss Forbes weighed in light with the connections losing $2,000 in prize money and the betting public being disadvantaged. He said normally a lengthy suspension would be an appropriate penalty, however this was complicated by the fact that today was the last race day for the jumping season. He said the alternative was for a substantial fine, however he submitted Miss Forbes had a limited earning capacity in the industry and her circumstances are such that a fine may not be an appropriate penalty.
In summing up he said that with the jumping programme and highweight dates not currently available the committee may wish to reserve their decision until the dates could be made available to them in a week’s time. He submitted an appropriate penalty for this breach would be a 1 month suspension.
Miss Forbes submitted that her circumstances are such that she would prefer a suspension as opposed to a fine.
In response to questions from the committee Miss Forbes advised us that she rides 2 horses for Mr Rae (Snr). Miss Forbes informed us that she had 9 rides this season and expected to be riding again next year.
When asked to sum up Miss Forbes had nothing further to say.
reasonsforpenalty:
Having heard submissions as to penalty the Committee determined that further information was required relating to the next Northern Region race meetings in which jumps jockeys were eligible to ride in. This information was required by the Committee so that the full range of sentencing options could be considered. Accordingly, the Committee reserved its decision.
The committee received the dates on October 5 and carefully considered all the evidence and submissions presented. The mitigating factors are Miss Forbes' admission of the breach, she rides only in highweight and jumping events, her full co-operation during the hearing, and her clear record under this rule. The committee is satisfied there was no intent to deceive Officials. However, this has to be balanced against the significant aggravating factor in that JOEROK, which finished 3rd, has been disqualified. This resulted in the betting public and the connections been severely disadvantaged. We referred to the JCA archive listing of penalties for similar breaches and believe an appropriate penalty is a suspension of 5 Northern Region Highweights, which entails a loss of potential earnings of $875 (based on 5 rides and without factoring in percentages).
penalty:
Accordingly, we impose a suspension on Miss Forbes which will commence after racing on 30 September 2012 and conclude after racing on 24 April 2013.
This is in effect an estimated 5 Northern Region Highweights with the first jumps race likely to be at Waikato on 4th May 2013, subject to programming.
hearing_type: Hearing
Rules: 649(3)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Ms J Forbes - Licensed Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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