Wellington RC 5 December 2015 – R 2 – Chair, Mrs N Moffatt
ID: JCA16599
Code:
Thoroughbred
Meet Title:
Wellington Racing Club - 5 December 2015
Meet Chair:
NMoffatt
Meet Committee Member 1:
NMcCutcheon
Race Date:
2015/12/05
Race Number:
R 2
Decision:
Accordingly we found the charge proved.
Penalty:
Accordingly Mr McKay is fined the sum of $500.
Facts:
Following the running of Race 2, FASTTRACKINSURANCE Chalmers Two Mile Premier, an information was lodged by Mr R Neal alleging a breach of Rule 649(3). The information alleged that Apprentice S McKay weighed in 1kg light when riding BLOOD BROTHA in race 2.
Rule 649(3) provides:
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).
Rule 648(3):
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 Neal read the rule and Mr Mackay confirmed he understood the nature of the charge and confirmed he did not admit the breach.
Due to Mr McKay’s apprentice status Mr Sharrock was present to assist him.
Submissions for Decision:
Mr Oatham outlined the sequence of events relating to the incident.
He stated he was present at the scales when the riders were weighing in after Race 2. He observed Mr McKay on the scales with his weight showing as 60.5kgs. The correct weight, taking into account Mr McKay’s 2kg apprentice claim and his safety vest, should have been 61.5kgs. Mr McKay walked away from the scales without any acknowledgement from the Clerk of the Scales. It was Mr Oatham who noticed the weight discrepancy and called him back to re-weigh. Mr McKay was taken directly to the judicial room where he could offer no reason or explanation as to why he was 1kg lighter than he should have been. Mr Oatham asked Mr McKay if he had been the correct weight when he weighed out for Race 2. Mr McKay was unsure about this.
Mr Neal called Mr Tapp, the Clerk of the Scales, to give evidence. He told the committee that Mr McKay weighed out at the correct weight but upon weighing in he was light. The first time on the scales he was ¾ kg under correct weight but when reweighed he was 1kg under and then fractionally later his weight appeared to be 1 ¼ kg under correct weight. The official weigh sheet was presented. Mr Tapp outlined his process of weighing riders out and explained how he placed a tick by their name once they had weighed back in. Mr Sharrock asked Mr Tapp if Mr McKay had been weighed out correctly and Mr Tapp replied “as far as I was concerned, yes”.
Mr Neal said it was clear that Mr McKay weighed in a kilogram light and, as a result, BLOOD BROTHER was disqualified from 4th place. He said this was an offence of strict liability and there was an absolute obligation on the rider to weigh in at the correct weight. Mr Neal said there was no obligation on the Stewards to prove fault, either the rider weighed in at the correct weight or they did not. Mr Neal said they had found no fault or error from any party to explain the discrepancy on this occasion.
Mr Sharrock spoke for Mr McKay and stated there was one glaring anomaly. He said Mr McKay presented to the Clerk of the Scales to be weighed out and was cleared with the correct weight. He immediately passed his saddle to Mr Raymond Connors the trainer of BLOOD BROTHA. Mr McKay rode in the race and presented back to the Clerk of the Scales where he was again cleared with the correct weight.
Mr McKay explained how he came off his horse, stepped on the scales and the Clerk of the Scales told him he was clear to go. As he walked off he was called back by Mr Oatham to re-weigh. Mr McKay went through his gear and it was the same as when he weighed out, he hadn’t lost any lead and all appeared normal. Mr Sharrock said it was quite clear the mistake had been made at the time Mr McKay weighed out.
The Committee asked Mr McKay to outline the procedure at the time he went to weigh out for Race 2. Mr McKay stated that he glanced up at the scales but before he could register the displayed weight he was given “the all clear” by Mr Tapp and he stepped off. He said the lead was all secured in the Velcro pockets of his lead bag and he was not carrying any loose or extra lead in his hands. Mr McKay said he did not put his saddle down or adjust it in any way and he did not return to the jockeys’ room with any gear. It was passed immediately to Mr Connors, the trainer.
The Committee then asked for some clarification from Mr Tapp on the weighing- in process. In response Mr Tapp admitted making an error in declaring correct weight for Mr McKay which was subsequently picked up by Mr Oatham.
Mr Tapp did not believe he had made a mistake when weighing out Mr McKay, but admitted that it was a possibility.
Mr Neal concluded by saying the onus rested with the rider to weigh out at the correct weight (Rule 618 (b)).
Mr Sharrock reiterated that Mr McKay had done nothing wrong.
Reasons for Decision:
The Committee had careful regard to all of the submissions and evidence placed before it. There is no disputing the fact that Mr McKay weighed in 1kg under his allocated weight for BLOOD BROTHA in Race 2.
It has not been established how the incident occurred but a breach of Rule 649(3) is one of strict liability. The Stewards do not have to prove that Mr McKay, or any other person, was at fault. The onus is on the rider to weigh in at the correct weight.
Submissions for Penalty:
Mr Neal said Mr McKay’s record was clear in relation to weight-related offences such as the one today. As a guide to penalty, Mr Neal told the committee of two previous cases brought under the same rule which he believed were similar to the breach today.
Ms T Wenn was suspended for 5 days in 2013 after weighing in light and being disqualified for 4th placing. Ms J Forbes also received a 5 day suspension in 2012 after being disqualified from 3rd place.
Mr Sharrock said, in his opinion, the Clerk of the Scales made a mistake and it was unfair for the onus to be placed on Mr McKay.
Reasons for Penalty:
In coming to a decision on penalty the committee carefully considered all of the submissions. The complete weighing-in and weighing-out processes were thoroughly scrutinised throughout the hearing. We found that the Clerk of the Scales erred in not picking up the incorrect weight of Mr McKay as he weighed in following Race 2 however we cannot be certain that there was a mistake made by him at weigh-out time and nor do we have to. There are 2 rules relating to the responsibility of the rider:
Rule 618(b) relates to weighing out:
It is a Rider’s responsibility if he is engaged to ride a horse in a Race to ensure that:
(b) he weighs out at the correct weight, including claiming the correct allowance in the event that he is an Apprentice Jockey, or is a Rider eligible to claim an allowance in a Jumping Race or Highweight Race in accordance with Rules 542(2) or (3), as applicable,
provided that where the Rider is an Apprentice Jockey, such Apprentice Jockey’s employer, or a representative of their employer who is in charge of the Apprentice Jockey at any relevant time during that Race Meeting, is also responsible for the Apprentice Jockey complying with his obligations under paragraphs (a) and (b) above.
Mr McKay should have been certain of his weigh-out weight and in the future must always look at the displayed weight as he is weighing out.
Rule 649(3) relates to weighing in where it is clear that the onus is on the rider to ensure they weigh in at correct weight. Mr McKay weighed in 1kg light. We can only guess at what might have occurred to cause this to happen.
In the Committee’s opinion there are several mitigating factors.
Mr McKay is an apprentice rider. He did not leave his gear unattended but handed it to the trainer as soon as he stepped off the scales following weighing out. He did not return to the jockeys’ room with his saddle. Further, Mr McKay was not carrying additional pieces of lead in his hands. It is not uncommon to see riders juggling lead during the weighing out process while making adjustments to lead bags as they get off and on the scales. Mr McKay said his lead was secured within Velcro pockets prior to weighing out and he made no adjustments prior to handing his gear to Mr Connors.
On returning after the race there was no evidence of any gear failure and Mr McKay was certain it was all in order as per at weigh-out time.
An aggravating factor was the fact BLOOD BROTHA was disqualified from 4th placing. We do not find any further aggravating factors.
The Stewards put before us two cases of previous breaches where suspensions were imposed but without the full written decisions we could not be properly or fully aware of the circumstances involved in each case.
We do not believe this was a deliberate act or that there was any intent on Mr McKay’s behalf. Evidence adduced during the hearing considered the possibility of error at weighing out time. Mr McKay made a mistake in not visualising and noting his weight while standing on the scales during weigh-out time, relying instead upon clearance from the Clerk of the Scales. This would not be an unusual occurrence amongst riders. The Committee considers the breach to be at the lower end and in our opinion a monetary penalty is appropriate on this occasion.
JCA Decision Fields (raw)
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hearingid: cb282d09e40552b1541d877c88b1d3d1
informantnumber: A3515
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Incorrect weigh-in
plea: denied
penaltyrequired: 1
decisiondate: 07/12/2015
hearing_title: Wellington RC 5 December 2015 - R 2 - Chair, Mrs N Moffatt
charge:
facts:
Following the running of Race 2, FASTTRACKINSURANCE Chalmers Two Mile Premier, an information was lodged by Mr R Neal alleging a breach of Rule 649(3). The information alleged that Apprentice S McKay weighed in 1kg light when riding BLOOD BROTHA in race 2.
Rule 649(3) provides:
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).
Rule 648(3):
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 Neal read the rule and Mr Mackay confirmed he understood the nature of the charge and confirmed he did not admit the breach.
Due to Mr McKay’s apprentice status Mr Sharrock was present to assist him.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham outlined the sequence of events relating to the incident.
He stated he was present at the scales when the riders were weighing in after Race 2. He observed Mr McKay on the scales with his weight showing as 60.5kgs. The correct weight, taking into account Mr McKay’s 2kg apprentice claim and his safety vest, should have been 61.5kgs. Mr McKay walked away from the scales without any acknowledgement from the Clerk of the Scales. It was Mr Oatham who noticed the weight discrepancy and called him back to re-weigh. Mr McKay was taken directly to the judicial room where he could offer no reason or explanation as to why he was 1kg lighter than he should have been. Mr Oatham asked Mr McKay if he had been the correct weight when he weighed out for Race 2. Mr McKay was unsure about this.
Mr Neal called Mr Tapp, the Clerk of the Scales, to give evidence. He told the committee that Mr McKay weighed out at the correct weight but upon weighing in he was light. The first time on the scales he was ¾ kg under correct weight but when reweighed he was 1kg under and then fractionally later his weight appeared to be 1 ¼ kg under correct weight. The official weigh sheet was presented. Mr Tapp outlined his process of weighing riders out and explained how he placed a tick by their name once they had weighed back in. Mr Sharrock asked Mr Tapp if Mr McKay had been weighed out correctly and Mr Tapp replied “as far as I was concerned, yes”.
Mr Neal said it was clear that Mr McKay weighed in a kilogram light and, as a result, BLOOD BROTHER was disqualified from 4th place. He said this was an offence of strict liability and there was an absolute obligation on the rider to weigh in at the correct weight. Mr Neal said there was no obligation on the Stewards to prove fault, either the rider weighed in at the correct weight or they did not. Mr Neal said they had found no fault or error from any party to explain the discrepancy on this occasion.
Mr Sharrock spoke for Mr McKay and stated there was one glaring anomaly. He said Mr McKay presented to the Clerk of the Scales to be weighed out and was cleared with the correct weight. He immediately passed his saddle to Mr Raymond Connors the trainer of BLOOD BROTHA. Mr McKay rode in the race and presented back to the Clerk of the Scales where he was again cleared with the correct weight.
Mr McKay explained how he came off his horse, stepped on the scales and the Clerk of the Scales told him he was clear to go. As he walked off he was called back by Mr Oatham to re-weigh. Mr McKay went through his gear and it was the same as when he weighed out, he hadn’t lost any lead and all appeared normal. Mr Sharrock said it was quite clear the mistake had been made at the time Mr McKay weighed out.
The Committee asked Mr McKay to outline the procedure at the time he went to weigh out for Race 2. Mr McKay stated that he glanced up at the scales but before he could register the displayed weight he was given “the all clear” by Mr Tapp and he stepped off. He said the lead was all secured in the Velcro pockets of his lead bag and he was not carrying any loose or extra lead in his hands. Mr McKay said he did not put his saddle down or adjust it in any way and he did not return to the jockeys’ room with any gear. It was passed immediately to Mr Connors, the trainer.
The Committee then asked for some clarification from Mr Tapp on the weighing- in process. In response Mr Tapp admitted making an error in declaring correct weight for Mr McKay which was subsequently picked up by Mr Oatham.
Mr Tapp did not believe he had made a mistake when weighing out Mr McKay, but admitted that it was a possibility.
Mr Neal concluded by saying the onus rested with the rider to weigh out at the correct weight (Rule 618 (b)).
Mr Sharrock reiterated that Mr McKay had done nothing wrong.
reasonsfordecision:
The Committee had careful regard to all of the submissions and evidence placed before it. There is no disputing the fact that Mr McKay weighed in 1kg under his allocated weight for BLOOD BROTHA in Race 2.
It has not been established how the incident occurred but a breach of Rule 649(3) is one of strict liability. The Stewards do not have to prove that Mr McKay, or any other person, was at fault. The onus is on the rider to weigh in at the correct weight.
Decision:
Accordingly we found the charge proved.
sumissionsforpenalty:
Mr Neal said Mr McKay’s record was clear in relation to weight-related offences such as the one today. As a guide to penalty, Mr Neal told the committee of two previous cases brought under the same rule which he believed were similar to the breach today.
Ms T Wenn was suspended for 5 days in 2013 after weighing in light and being disqualified for 4th placing. Ms J Forbes also received a 5 day suspension in 2012 after being disqualified from 3rd place.
Mr Sharrock said, in his opinion, the Clerk of the Scales made a mistake and it was unfair for the onus to be placed on Mr McKay.
reasonsforpenalty:
In coming to a decision on penalty the committee carefully considered all of the submissions. The complete weighing-in and weighing-out processes were thoroughly scrutinised throughout the hearing. We found that the Clerk of the Scales erred in not picking up the incorrect weight of Mr McKay as he weighed in following Race 2 however we cannot be certain that there was a mistake made by him at weigh-out time and nor do we have to. There are 2 rules relating to the responsibility of the rider:
Rule 618(b) relates to weighing out:
It is a Rider’s responsibility if he is engaged to ride a horse in a Race to ensure that:
(b) he weighs out at the correct weight, including claiming the correct allowance in the event that he is an Apprentice Jockey, or is a Rider eligible to claim an allowance in a Jumping Race or Highweight Race in accordance with Rules 542(2) or (3), as applicable,
provided that where the Rider is an Apprentice Jockey, such Apprentice Jockey’s employer, or a representative of their employer who is in charge of the Apprentice Jockey at any relevant time during that Race Meeting, is also responsible for the Apprentice Jockey complying with his obligations under paragraphs (a) and (b) above.
Mr McKay should have been certain of his weigh-out weight and in the future must always look at the displayed weight as he is weighing out.
Rule 649(3) relates to weighing in where it is clear that the onus is on the rider to ensure they weigh in at correct weight. Mr McKay weighed in 1kg light. We can only guess at what might have occurred to cause this to happen.
In the Committee’s opinion there are several mitigating factors.
Mr McKay is an apprentice rider. He did not leave his gear unattended but handed it to the trainer as soon as he stepped off the scales following weighing out. He did not return to the jockeys’ room with his saddle. Further, Mr McKay was not carrying additional pieces of lead in his hands. It is not uncommon to see riders juggling lead during the weighing out process while making adjustments to lead bags as they get off and on the scales. Mr McKay said his lead was secured within Velcro pockets prior to weighing out and he made no adjustments prior to handing his gear to Mr Connors.
On returning after the race there was no evidence of any gear failure and Mr McKay was certain it was all in order as per at weigh-out time.
An aggravating factor was the fact BLOOD BROTHA was disqualified from 4th placing. We do not find any further aggravating factors.
The Stewards put before us two cases of previous breaches where suspensions were imposed but without the full written decisions we could not be properly or fully aware of the circumstances involved in each case.
We do not believe this was a deliberate act or that there was any intent on Mr McKay’s behalf. Evidence adduced during the hearing considered the possibility of error at weighing out time. Mr McKay made a mistake in not visualising and noting his weight while standing on the scales during weigh-out time, relying instead upon clearance from the Clerk of the Scales. This would not be an unusual occurrence amongst riders. The Committee considers the breach to be at the lower end and in our opinion a monetary penalty is appropriate on this occasion.
penalty:
Accordingly Mr McKay is fined the sum of $500.
hearing_type: Hearing
Rules: 649(3)
Informant: Mr R Neal - Co-Chief Stipendiary Steward
JockeysandTrainer: Mr S McKay - Apprentice Rider
Otherperson: Mr A Sharrock - Licensed Trainer assisting Mr McKay, Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
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race_title: R 2
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meetdate: 05/12/2015
meet_title: Wellington Racing Club - 5 December 2015
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name: Wellington Racing Club