Archive Decision

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Waverley RC 10 June 2013 – R 4

ID: JCA12181

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr D Turner - Rider of HIS PET

Other Person:
Mr P Bourke - Licensed Trainer assisting Mr Turner

Information Number:
A4060

Hearing Type:
Hearing

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waverley RC - 10 June 2013

Meet Chair:
NMcCutcheon

Race Date:
2013/06/10

Race Number:
R 4

Decision:

As the breach was admitted it was found to be proved.

Penalty:

Accordingly Mr Turner was fined $400.

Charge:

Following Race 4 (Steelform Roofing Group) an Information A4060 was filed with the Judicial Committee – The Information alleged that D Turner was unable to make the required weight for HIS PET.

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 acknowledged that he admitted the breach and understood the rule.

Facts:

The evidence was that Mr Turner was to ride HIS PET at 54.5kg, which was .5kg over the horse’s allotted weight of 54kg. However the lightest Mr Turner could ride HIS PET was 55kg, and was replaced by Ms R Myers.

Submissions for Decision:

Mr Bourke who is Mr Turner’s employer and the trainer of HIS PET said that Mr Turner rode at 54.5kg at Te Rapa on 8 June, and said that he has to waste really hard to maintain his weight at 54.5kg. He added that he must have had a small meal on the Saturday night and that he puts on weight quickly when only eating small amounts of food. He said that Mr Turner had had a sauna on race morning in an effort to make the weight, but was still heavier than he expected him to be.

Mr Turner did not have any comment to make.

Submissions for Penalty:

Mr Goodwin said that Mr Turner did not have a good record in so far as being overweight was concerned. His record reads:

11 May 2013 – fine $200
29 April 2013 – fine $100
9 August 2012 – fine $200
18 June 2012 – fine $100

The Stewards submitted that a fine of not less than $200 be imposed. Mr Turner acknowledged that he had a bad record over the past year and said that any penalty imposed should be of a reasonable amount.

Mr Bourke said that Mr Turner does try very hard but that he needs to handle his weight a little more professionally.

Reasons for Penalty:

The committee carefully considered all of the evidence and submissions presented during the course of the hearing. The mitigating fact was that the breach was admitted by Mr Turner. The aggravating factor was that this was Mr Turner’s fifth breach of the rule within the last 12 months. The committee perused other penalties that have been imposed and noted that during 2012 “Mr L” was fined $400 with an almost identical record. The committee determined that Mr Turner be fined $400.

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: 3c62aa284571552ef2d61d137ae073dc


informantnumber: A4060


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/05/2013


hearing_title: Waverley RC 10 June 2013 - R 4


charge:

Following Race 4 (Steelform Roofing Group) an Information A4060 was filed with the Judicial Committee – The Information alleged that D Turner was unable to make the required weight for HIS PET.

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 acknowledged that he admitted the breach and understood the rule.


facts:

The evidence was that Mr Turner was to ride HIS PET at 54.5kg, which was .5kg over the horse’s allotted weight of 54kg. However the lightest Mr Turner could ride HIS PET was 55kg, and was replaced by Ms R Myers.


appealdecision:


isappeal:


submissionsfordecision:

Mr Bourke who is Mr Turner’s employer and the trainer of HIS PET said that Mr Turner rode at 54.5kg at Te Rapa on 8 June, and said that he has to waste really hard to maintain his weight at 54.5kg. He added that he must have had a small meal on the Saturday night and that he puts on weight quickly when only eating small amounts of food. He said that Mr Turner had had a sauna on race morning in an effort to make the weight, but was still heavier than he expected him to be.

Mr Turner did not have any comment to make.


reasonsfordecision:


Decision:

As the breach was admitted it was found to be proved.


sumissionsforpenalty:

Mr Goodwin said that Mr Turner did not have a good record in so far as being overweight was concerned. His record reads:

11 May 2013 – fine $200
29 April 2013 – fine $100
9 August 2012 – fine $200
18 June 2012 – fine $100

The Stewards submitted that a fine of not less than $200 be imposed. Mr Turner acknowledged that he had a bad record over the past year and said that any penalty imposed should be of a reasonable amount.

Mr Bourke said that Mr Turner does try very hard but that he needs to handle his weight a little more professionally.


reasonsforpenalty:

The committee carefully considered all of the evidence and submissions presented during the course of the hearing. The mitigating fact was that the breach was admitted by Mr Turner. The aggravating factor was that this was Mr Turner’s fifth breach of the rule within the last 12 months. The committee perused other penalties that have been imposed and noted that during 2012 “Mr L” was fined $400 with an almost identical record. The committee determined that Mr Turner be fined $400.


penalty:

Accordingly Mr Turner was fined $400.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr D Turner - Rider of HIS PET


Otherperson: Mr P Bourke - Licensed Trainer assisting Mr Turner


PersonPresent:


Respondent:


StipendSteward:


raceid: d01d7bcfeafc7da96fb2d09ac1ad7e65


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f0cce8ae42163781b487b22b236988aa


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/06/2013


meet_title: Waverley RC - 10 June 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waverley-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: none


meet_pm2: none


name: Waverley RC