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Auckland RC 17 October 2020 – R 4 – Chair, Mr G Jones

Created on 19 October 2020

Rules:
330(3)(c)
Committee:
GJones (chair)
ASmith
Name(s):
Mr B Lammas - Class D Rider
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A13425
Plea:
Admitted
Charge:
Failed to make contracted weight
Evidence:

Prior to the running of Race 4, the ARC Great Northern Hurdle (Prestige Jumping Race), the Informant, Mr Williamson filed an Information pursuant to Rule 330(3)(c) alleging that Class D Rider Mr B Lammas failed to make the contracted weight for MASTER COURTSMAN.

Mr Lammas was present at the hearing and confirmed his admission of the breach. He advised that he is familiar with the nature of the charge and the Information was endorsed to that effect.

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 Williamson advised that prior to the commencement of the race, Mr Lammas told Stewards that he was unable to make the weight for MASTER COURTSMAN due to being approximately 1 kg over the horse's handicapped weight of 65 kg.

Mr Williamson said that due to a shortage of suitable Jumps Riders the connections were left with no other option but to permit Mr Lammas to take the mount 1 kg overweight. He added that MASTER COURTSMAN finished unplaced.

By way of explanation Mr Lammas said that he has struggled with his weight all season and only took the mount as a favour to the trainer of the horse concerned. He added that he can ride comfortably  at 68 kg and thought when he took the mount, he would be able to get within ½ kg of the carded weight. As it transpired, he lost 2 kg in his bid to make the correct weight, but he said, could not reduce the additional 1 kg. 

Decision:

As Mr Lammas admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Williamson said that this is Mr Lammas’ third breach of the rule within the 120-day reset period. He advised that the first two breaches were dealt with by way of Minor Infringement Notice (MIN) and attracted fines in accordance with the MIN Schedule of $100 and $200 respectively. Mr Williamson said that aggravating factors are that the breach related to a Prestige Jumping Race and the connections were disadvantaged due to their horse having to carrying to carry 1 kg overweight. He submitted that a fine, of no less than $500 would be appropriate. He also added that Jumps Riders have limited earning opportunities.

In Response Mr Lammas said that he would prefer a suspension rather than a fine due to his current financial situation. He confirmed that despite the breach occurring in a Prestige Race his earnings for the day were less than $400.

Reasons For Penalty:

In circumstances where Stewards elect to proceed by way of filing an Information for breaches of this rule, the determination of penalty is fact dependant. In this regard the Committee considered the submissions and for consistency took some guidance from previous penalties for similar breaches.

A third breach is generally dealt with by way of a fine, except for recidivist offenders who, subject to the circumstances of the breach may be at risk of suspension. Specific factors the Committees considered were (1) that the breach occurred in a Prestige race with stake money of $125,000; (2) that as no suitable replacement riders were available Mr Lammas was permitted to ride 1 kg overweight (3) that this placed the betting public and the connections of the horses at a disadvantage. We have treated these factors as aggravating factors.

There is one further race meeting available for Jumps Riders this season. This is the Jumps Riders only meeting at Egmont on 1 November 2020, with at least 7 races available. As a senior rider Mr Lammas could potentially be sought after to ride in many of those races.

Given the circumstance and balancing the interests of Mr Lammas, other stakeholders and consistency we determined that a combined fine and suspension is an appropriate penalty. 

Penalty:

Mr Lammas' license to ride in races is suspended from end of racing on 17 October 2020 until end of racing on 1 November 2020. In addition, he is fined $300.

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