Wanganui JC 19 September 2019 – R 5 – Chair, Mr T Utikere
ID: JCA17096
Code:
Thoroughbred
Meet Title:
Wanganui JC - 19 September 2019
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Race Date:
2019/09/19
Race Number:
R5
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Turner is suspended from the conclusion of racing on Thursday 26 September until the conclusion of racing on Sunday 6 October 2019.
Facts:
Following the running of Race 5 (Derryn @ Grangewilliam Stud 1200) Information A11624 was filed with the Judicial Committee. It alleged a breach of rule 330(3)(c) and stated that Mr D Turner “...failed to make the carded weight for EMPRESS TZU HSI being 1 kilo over”.
Rule 330(3)(c) states:
“A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.
Mr Turner confirmed that he understood the rule and that he admitted the breach.
Mr Balcombe identified that he had been advised by the Clerk of the Scales prior to Race 5 that Mr Turner was 1 kilogram over his carded weight. As a result he was replaced by the trainer, with Mr Bradley taking the ride instead.
Mr Turner said that his Agent, Mr Neill, had taken the engagement and that he (Mr Turner) thought that he would make the weight, but that he was just a “touch too heavy”.
Submissions for Penalty:
In presenting Mr Turner’s record, Mr Balcombe identified previous breaches since 4 July. Those being Levin, 27 July - 6 days suspension; Manawatu, 25 July - $450; Wanganui, 4 July - $200; and Mr Balcombe submitted that a term of suspension was appropriate.
Mr Turner advised of commitments at Otaki on Thursday 26 September, but when invited had no submissions to make on penalty.
Reasons for Penalty:
This Committee is familiar with Mr Turner’s two most recent breaches at Levin and Awapuni. It is clear to us that Mr Turner’s record under the Rule is terribly poor. It would go so far as to define his current record under the rule as the worst in the country. This now becomes his seventh breach since the start of the calendar year; a period of less than nine months. As referred to in the most recent decision arising from the Levin breach, whilst it is noted that some breaches have been dealt with via the Minor Infringement Scheme, the Committee forms the view that when the matter is referred to the JCA by way of an Information, a rider’s history beyond the 120 day window must be considered in order to give context to the current charge. Any on-going communication issues between Mr Turner and his agent continue to be a matter for the both of them to sort out. Although the breach is admitted, there is no weight in mitigation to be applied. Mr Turner’s terrible record is clearly an aggravating feature, as is the inconvenience caused to connections. An eight day period of suspension is considered appropriate on this occasion.
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: cbc6f84bf2765dcb2e0afbe9618ad59e
informantnumber: A11624
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Fail to Make Weight
plea: admitted
penaltyrequired: 1
decisiondate: 19/09/2019
hearing_title: Wanganui JC 19 September 2019 - R 5 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 5 (Derryn @ Grangewilliam Stud 1200) Information A11624 was filed with the Judicial Committee. It alleged a breach of rule 330(3)(c) and stated that Mr D Turner “...failed to make the carded weight for EMPRESS TZU HSI being 1 kilo over”.
Rule 330(3)(c) states:
“A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.
Mr Turner confirmed that he understood the rule and that he admitted the breach.
Mr Balcombe identified that he had been advised by the Clerk of the Scales prior to Race 5 that Mr Turner was 1 kilogram over his carded weight. As a result he was replaced by the trainer, with Mr Bradley taking the ride instead.
Mr Turner said that his Agent, Mr Neill, had taken the engagement and that he (Mr Turner) thought that he would make the weight, but that he was just a “touch too heavy”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
In presenting Mr Turner’s record, Mr Balcombe identified previous breaches since 4 July. Those being Levin, 27 July - 6 days suspension; Manawatu, 25 July - $450; Wanganui, 4 July - $200; and Mr Balcombe submitted that a term of suspension was appropriate.
Mr Turner advised of commitments at Otaki on Thursday 26 September, but when invited had no submissions to make on penalty.
reasonsforpenalty:
This Committee is familiar with Mr Turner’s two most recent breaches at Levin and Awapuni. It is clear to us that Mr Turner’s record under the Rule is terribly poor. It would go so far as to define his current record under the rule as the worst in the country. This now becomes his seventh breach since the start of the calendar year; a period of less than nine months. As referred to in the most recent decision arising from the Levin breach, whilst it is noted that some breaches have been dealt with via the Minor Infringement Scheme, the Committee forms the view that when the matter is referred to the JCA by way of an Information, a rider’s history beyond the 120 day window must be considered in order to give context to the current charge. Any on-going communication issues between Mr Turner and his agent continue to be a matter for the both of them to sort out. Although the breach is admitted, there is no weight in mitigation to be applied. Mr Turner’s terrible record is clearly an aggravating feature, as is the inconvenience caused to connections. An eight day period of suspension is considered appropriate on this occasion.
penalty:
Mr Turner is suspended from the conclusion of racing on Thursday 26 September until the conclusion of racing on Sunday 6 October 2019.
hearing_type: Hearing
Rules: Rule 330(3)(c)
Informant: Mr D Balcombe - Stipendiary Steward
JockeysandTrainer: Mr D Turner
Otherperson: Mr N Goodwin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c40c807a813ef9b5ac9493e3ba154bc8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1fb163d000961e596135e7d37639edc7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/09/2019
meet_title: Wanganui JC - 19 September 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wanganui-jc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: NMoffatt
meet_pm2: none
name: Wanganui JC