Archive Decision

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Wellington RC – 9 June 2007 – Race 9

ID: JCA18386

Hearing Type:
Old Hearing

Rules:
858.1

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Wellington RC - 9 June 2007

Race Date:
2007/06/09

Race Number:
Race 9

Decision:

Following the running of Race 9, IGT NZ LTD Stayers, Daniel Hain the rider of DENIS was charged with a breach of Rule 858 (1) ( c )

--

The basis of the allegation being that Mr Hain made contact with another party prior to weighing in, by way of shaking hands.



Following the running of Race 9, IGT NZ LTD Stayers, Daniel Hain the rider of DENIS was charged with a breach of Rule 858 (1) ( c )

--

The basis of the allegation being that Mr Hain made contact with another party prior to weighing in, by way of shaking hands.

--

Mr Hain, who is an apprentice rider, and who was assisted at the hearing by trainer Grant Searle, admitted the breach..

--

Prior to making his penalty submissions Mr George explained to the committee the circumstances leading to this charge being laid.

--

These were that upon returning to the dismounting area, and before being weighed in Mr Hain was observed by Assistant Stipendiary Steward Andrew Rae to shake hanks with the owner of DENIS, the horse he had just ridden.

--

Mr George submitted that all riders had been given notice, both by way of official notice and being spoken to individually, that making contact prior to weighing in was now prohibited, yet Mr Hain did so and was therefore in breach of the Rule.

--

Mr Searle when addressing the committee acknowledged that the Rule relating to contact prior to weighing in had been changed and also acknowledged that Mr Hain should not have breached it.

--

However he told the committee that Mr Hain, being a young man, was put in a very difficult position having just won the race and having an elated owner thrust their hand out in a congratulatory manner. Mr Searle also contended that it was instilled in young riders to be polite to owners and as such Mr Hain was reacting in a courteous way.

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DECISION AND REASON.

--

When determining the penalty to be imposed for this breach the committee are mindful of Mr Searle's submissions, particularly that part regarding the relationship of rider and owner. We acknowledge and accept that Mr Hain was placed, in his mind, in an invidious position when his owner offered him congratulations, and it is unfortunate in this case that the owner was not also aware of the Rule.

--

Nevertheless all riders have been well informed of the new requirements and as such Mr Hain was aware of what he could, or in this case, could not do.

--

He could have refused the offer to shake hands but did not.

--

In fixing penalty we concur with the submission of the informant that a fine is appropriate in this case. We have taken into consideration that the policy changes are relatively new and therefore some latitude should be shown because of this.

--

We are also of the view that this was a relatively minor breach.

--

--

We therefore find that Mr Hain be fined the sum of $200.00

--

 

--

 

--

 

--

RLH Neal,

--

Chairman.

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: 0721e4d90f2d3fb58a620c35cb347e5d


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 09/06/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Wellington RC - 9 June 2007 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 9, IGT NZ LTD Stayers, Daniel Hain the rider of DENIS was charged with a breach of Rule 858 (1) ( c )

--

The basis of the allegation being that Mr Hain made contact with another party prior to weighing in, by way of shaking hands.



Following the running of Race 9, IGT NZ LTD Stayers, Daniel Hain the rider of DENIS was charged with a breach of Rule 858 (1) ( c )

--

The basis of the allegation being that Mr Hain made contact with another party prior to weighing in, by way of shaking hands.

--

Mr Hain, who is an apprentice rider, and who was assisted at the hearing by trainer Grant Searle, admitted the breach..

--

Prior to making his penalty submissions Mr George explained to the committee the circumstances leading to this charge being laid.

--

These were that upon returning to the dismounting area, and before being weighed in Mr Hain was observed by Assistant Stipendiary Steward Andrew Rae to shake hanks with the owner of DENIS, the horse he had just ridden.

--

Mr George submitted that all riders had been given notice, both by way of official notice and being spoken to individually, that making contact prior to weighing in was now prohibited, yet Mr Hain did so and was therefore in breach of the Rule.

--

Mr Searle when addressing the committee acknowledged that the Rule relating to contact prior to weighing in had been changed and also acknowledged that Mr Hain should not have breached it.

--

However he told the committee that Mr Hain, being a young man, was put in a very difficult position having just won the race and having an elated owner thrust their hand out in a congratulatory manner. Mr Searle also contended that it was instilled in young riders to be polite to owners and as such Mr Hain was reacting in a courteous way.

--

DECISION AND REASON

.--

When determining the penalty to be imposed for this breach the committee are mindful of Mr Searle's submissions, particularly that part regarding the relationship of rider and owner. We acknowledge and accept that Mr Hain was placed, in his mind, in an invidious position when his owner offered him congratulations, and it is unfortunate in this case that the owner was not also aware of the Rule.

--

Nevertheless all riders have been well informed of the new requirements and as such Mr Hain was aware of what he could, or in this case, could not do.

--

He could have refused the offer to shake hands but did not.

--

In fixing penalty we concur with the submission of the informant that a fine is appropriate in this case. We have taken into consideration that the policy changes are relatively new and therefore some latitude should be shown because of this.

--

We are also of the view that this was a relatively minor breach.

--

--

We therefore find that Mr Hain be fined the sum of $200.00

--

 

--

 

--

 

--

RLH Neal,

--

Chairman.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 858.1


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 56ec7de5b8c4edba5a741c92b2ff5459


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


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race_pm2:


meetid: 0a3f6a4b75efb421ae82d03cbdd215e1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/06/2007


meet_title: Wellington RC - 9 June 2007


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wellington-rc


meet_racingtype: thoroughbred-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Wellington RC