Whangarei RC 4 April 2014 – R 3
ID: JCA15697
Code:
Thoroughbred
Meet Title:
Whangarei RC - 4 April 2014
Meet Chair:
ADooley
Meet Committee Member 1:
PWilliams
Meet Committee Member 2:
TDavies
Race Date:
2014/04/04
Race Number:
R3
Decision:
As Mr Forbes admitted the breach we find the charge proved.
Penalty:
Accordingly, Mr Forbes was fined the sum of $300.
Facts:
Prior to race 3, Croft Poles1200, an Information was filed pursuant to Rule 330(3) (c). The Informant, Mr Coles, alleged that Mr Forbes failed to make the contracted weight for LIA in race 3.
Mr Forbes acknowledged that he understood the nature of the charge, the Rule and he admitted the breach.
In response to a question from the Committee, Mr Forbes stated he did not require any assistance at the hearing.
Rule 330(3) (c) provides: A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
Mr Coles advised the Committee that at 10.30am today Mr Forbes informed the Stewards he was unable to make the carded weight (55.5kg) for LIA. Mr Coles said Mr Forbes had indicated he recently employed a new manager and was aware of his engagement only 2 days ago. Mr Coles told Mr Forbes that had he advised the Stewards 2 days ago of his unavailability to make the weight they would have released him from his ride on LIA.
Mr Forbes confirmed to the Committee that he had employed a new manager about 3 weeks ago. However, his manager unfortunately did not advise Mr Forbes that he was engaged to ride LIA at 55.5 kg’s. Mr Forbes stated he was struggling with his weight and conceded it was taking a while to get under control.
Submissions for Penalty:
Mr Coles produced Mr Forbes' record which showed 2 previous breaches under this Rule in the last 4 months. He noted Mr Forbes’ most recent breach on January 9 was dealt with by way of a minor infringement which attracted a $200 fine. Mr Coles recognised Mr Forbes does struggle with his weight and he would be discussing this issue with his new employer Mr Bridgeman at Te Aroha races tomorrow. Mr Coles recommended that Mr Forbes does not accept rides below 56.5kg until he can get his weight under control. He submitted a fine could be imposed on this occasion in the range of $300 to $400.
Mr Forbes submitted that he accepted a monetary penalty would be appropriate.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The only mitigating fact is Mr Forbes’ admission of the breach. The aggravating factors are Mr Forbes' poor record under this Rule in the last 4 months. The connections of LIA were inconvenienced at short notice when Mr Forbes was unable to make the contracted weight. The Committee referred to similar breaches before imposing penalty.
After taking into account all the above factors we consider an appropriate penalty is a $300 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: c4a432ea7096f587f78ce99cb1ea0e21
informantnumber: A2798
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to make contracted weight
plea: admitted
penaltyrequired: 1
decisiondate: 07/04/2014
hearing_title: Whangarei RC 4 April 2014 - R 3
charge:
facts:
Prior to race 3, Croft Poles1200, an Information was filed pursuant to Rule 330(3) (c). The Informant, Mr Coles, alleged that Mr Forbes failed to make the contracted weight for LIA in race 3.
Mr Forbes acknowledged that he understood the nature of the charge, the Rule and he admitted the breach.
In response to a question from the Committee, Mr Forbes stated he did not require any assistance at the hearing.
Rule 330(3) (c) provides: A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
Mr Coles advised the Committee that at 10.30am today Mr Forbes informed the Stewards he was unable to make the carded weight (55.5kg) for LIA. Mr Coles said Mr Forbes had indicated he recently employed a new manager and was aware of his engagement only 2 days ago. Mr Coles told Mr Forbes that had he advised the Stewards 2 days ago of his unavailability to make the weight they would have released him from his ride on LIA.
Mr Forbes confirmed to the Committee that he had employed a new manager about 3 weeks ago. However, his manager unfortunately did not advise Mr Forbes that he was engaged to ride LIA at 55.5 kg’s. Mr Forbes stated he was struggling with his weight and conceded it was taking a while to get under control.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Forbes admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Forbes' record which showed 2 previous breaches under this Rule in the last 4 months. He noted Mr Forbes’ most recent breach on January 9 was dealt with by way of a minor infringement which attracted a $200 fine. Mr Coles recognised Mr Forbes does struggle with his weight and he would be discussing this issue with his new employer Mr Bridgeman at Te Aroha races tomorrow. Mr Coles recommended that Mr Forbes does not accept rides below 56.5kg until he can get his weight under control. He submitted a fine could be imposed on this occasion in the range of $300 to $400.
Mr Forbes submitted that he accepted a monetary penalty would be appropriate.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The only mitigating fact is Mr Forbes’ admission of the breach. The aggravating factors are Mr Forbes' poor record under this Rule in the last 4 months. The connections of LIA were inconvenienced at short notice when Mr Forbes was unable to make the contracted weight. The Committee referred to similar breaches before imposing penalty.
After taking into account all the above factors we consider an appropriate penalty is a $300 fine.
penalty:
Accordingly, Mr Forbes was fined the sum of $300.
hearing_type: Hearing
Rules: 330(3)(c)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr A Forbes - Licensed Apprentice Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8bd0a9af7c07f0fca2ddc46d9a9cb374
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: daeb65f5a213bdb15056b55028eb7116
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/04/2014
meet_title: Whangarei RC - 4 April 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: PWilliams
meet_pm2: TDavies
name: Whangarei RC