Whangarei RC – 26 May 2010 – R 1

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startdate: 26/05/2010

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hearing_title: Whangarei RC - 26 May 2010 - R 1

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr A Coles - stipendiary steward

Defendant:  Mr E Dalley - rider of CHARLI JAY

Information No: 7599

Meeting: Whangarei Racing Club

Date:  26 May 2010

Venue:  Ruakaka

Race:  1

Rule No:  330(3c)

Judicial Committee:  R Seabrook, Chairman – D Johnstone, Committee Member 

Plea:  Admitted

Also present:  Mr Dalley was represented by trainer, Miss A Scott

CHARGES:

Following race 1 an Information was filed pursuant to rule 330(3c).  The Informant, Mr Coles, alleged that Mr Dalley failed to make the contracted weight for CHARLI JAY.

FACTS:

Mr Coles told the Committee that the horse CHARLI JAY in race 1 had a book weight of 55.5kg and Mr Dalley was eligible to claim a further 2 kg.  Prior to weighing out Mr Dalley was found to be 56 kg meaning he was 2.5kg over his allowable weight and ½ kg over his book weight.

Mr Dalley, in admitting the breach said that following his recent weight problems he would take a break from riding to address the problem.  Miss Scott had nothing to add.

SUBMISSION(s) ON PENALTY:

Mr Coles said this was Mr Dalley’s 5^th charge in the last 12 months which was of great concern.  However Mr Dalley had been trying hard and thought it a good idea if he did take a break to work on his weight problem.  Mr Coles said considering Mr Dalley’s record a suspension at the low end would be appropriate in this case.

Mr Dalley when asked said he had commitments up to and including this Saturday 29 May 2010 so asked for a deferral to allow him to complete those rides.  He said he only rode in the northern and central areas.

Miss Scott when asked had nothing to add.

REASON(s):

The Committee considered all the submissions and evidence as presented.  The only mitigating factor is Mr Dalley’s guilty plea.  The aggravating factor is his record under this rule with this offence being his 5^th in 12 months.  Accordingly we believe a suspension is the correct penalty.  Before imposing the penalty the Committee explained to Mr Dalley that in future he must be certain he can make the required weights before taking rides.

PENALTY:

After taking the above facts into account we impose a suspension on Mr Dalley from riding in races which is to start after racing on 29 May 2010 and conclude after racing on 5 June 2010 (4 days).

Richard Seabrook                                Duncan Johnstone

CHAIR                                                 Committee Member

7599

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hearing_type: Old Hearing

Rules: 330(3)(c)

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StipendSteward:

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race_title: R 1

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meetdate: 26/05/2010

meet_title: Whangarei RC - 26 May 2010

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name: Whangarei RC