Archive Decision

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Whangarei RC 27 June 2015 – R 4

ID: JCA18081

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Senior Rider P Holmes

Information Number:
A6907

Hearing Type:
Hearing

New Charge:
Rider fails to make carded weight

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 27 June 2015

Meet Chair:
GJones

Meet Committee Member 1:
ADooley

Race Date:
2015/06/27

Race Number:
R4

Decision:

As Mr Holmes admitted that breach the charge is proved.

Penalty:

We impose a fine of $225.

Facts:

This charge relates to race number 4, the A’FARE CATERS 1400. The Information alleged that senior rider “Mr Holmes was unable to make the required weight for THE RICH LISTER”.

This is in breach of rule 330(3)(c) which provides that:

“A rider shall not fail to ride a horse at the weight at which it is handicapped to race”.

Stipendiary Steward Mr J Oatham advised the Judicial Committee (the “Committee”) that Mr Holmes was unable to make the weight for THE RICH LISTER in race number 4. He said Mr Holmes advised he was unable to make the carded weight of 54 kg for THE RICH LISTER when he arrived on course. He said Mr Holmes could normally ride at 54 kg during the summer, but making this weight during the colder months of the winter is a challenge. He said that a replacement rider was readily available resulting in limited inconvenience for the connections.

Mr Holmes advised the Committee that he informed the trainer of THE RICH LISTER the previous evening that he would not be able to make the carded weight. He added that when he accepted the mount he expected to be within half a kilo of the weight, but during this recent cold spell of weather he has not been able to sufficiently reduce his weight.

Submissions for Penalty:

Mr Oatham submitted that this charge would normally be dealt with by way of Minor Infringement Notice - $200 fine, but this breach is Mr Holmes' third within the past 120 days. He said Mr Holmes is unfortunate because he was just one day outside the reset period for a third breach. The last breach on 3 June 2015 attracted a $200 fine and the other on 28 February 2015 resulted in a $300 fine. He submitted that this matter could be dealt with by way of a fine in the vicinity of $200.

Mr Holmes said he agreed with the Steward's submissions, but asked the Committee to take into account the fact that he was one day outside the reset period. 

Reasons for Penalty:

In consideration of penalty the Committee has taken into account submissions of the Informant and Defendant. This breach would generally attract a $200 fine and be dealt with by way of Minor Infringement Notice, but was one day outside the 120 day reset period. We have taken this into account. Mr Holmes is given credit for his admission of the breach and also when he accepted the mount on THE RICH LISTER he had a genuine expectation he would make the carded weight. Also to his credit he informed the trainer the previous evening that he could not make weight giving him ample notice to find a replacement rider.

We have taken into account Mr Holmes' poor record under this rule.

Having taken all the circumstances into account Committee is of the view this matter can be dealt with by way of fine. 

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: ebd5d1a29e362d03115319249cf85ae8


informantnumber: A6907


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Rider fails to make carded weight


plea: admitted


penaltyrequired: 1


decisiondate: 27/06/2015


hearing_title: Whangarei RC 27 June 2015 - R 4


charge:


facts:

This charge relates to race number 4, the A’FARE CATERS 1400. The Information alleged that senior rider “Mr Holmes was unable to make the required weight for THE RICH LISTER”.

This is in breach of rule 330(3)(c) which provides that:

“A rider shall not fail to ride a horse at the weight at which it is handicapped to race”.

Stipendiary Steward Mr J Oatham advised the Judicial Committee (the “Committee”) that Mr Holmes was unable to make the weight for THE RICH LISTER in race number 4. He said Mr Holmes advised he was unable to make the carded weight of 54 kg for THE RICH LISTER when he arrived on course. He said Mr Holmes could normally ride at 54 kg during the summer, but making this weight during the colder months of the winter is a challenge. He said that a replacement rider was readily available resulting in limited inconvenience for the connections.

Mr Holmes advised the Committee that he informed the trainer of THE RICH LISTER the previous evening that he would not be able to make the carded weight. He added that when he accepted the mount he expected to be within half a kilo of the weight, but during this recent cold spell of weather he has not been able to sufficiently reduce his weight.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Holmes admitted that breach the charge is proved.


sumissionsforpenalty:

Mr Oatham submitted that this charge would normally be dealt with by way of Minor Infringement Notice - $200 fine, but this breach is Mr Holmes' third within the past 120 days. He said Mr Holmes is unfortunate because he was just one day outside the reset period for a third breach. The last breach on 3 June 2015 attracted a $200 fine and the other on 28 February 2015 resulted in a $300 fine. He submitted that this matter could be dealt with by way of a fine in the vicinity of $200.

Mr Holmes said he agreed with the Steward's submissions, but asked the Committee to take into account the fact that he was one day outside the reset period. 


reasonsforpenalty:

In consideration of penalty the Committee has taken into account submissions of the Informant and Defendant. This breach would generally attract a $200 fine and be dealt with by way of Minor Infringement Notice, but was one day outside the 120 day reset period. We have taken this into account. Mr Holmes is given credit for his admission of the breach and also when he accepted the mount on THE RICH LISTER he had a genuine expectation he would make the carded weight. Also to his credit he informed the trainer the previous evening that he could not make weight giving him ample notice to find a replacement rider.

We have taken into account Mr Holmes' poor record under this rule.

Having taken all the circumstances into account Committee is of the view this matter can be dealt with by way of fine. 


penalty:

We impose a fine of $225.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Senior Rider P Holmes


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ca92bfb81b6e6fb11e60d80d722dc0cc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 11e24e3d50ae95e30a17834ab2d8b56b


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/06/2015


meet_title: Whangarei RC - 27 June 2015


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "312", "Total": "193.44", "kmprice": 193.44, "Approved": "on"}]


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: ADooley


meet_pm2: none


name: Whangarei RC