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Auckland RC 9 March 2019 - R 9 - Chair, Mr A Dooley

Created on 11 March 2019

Rules:
638(2)
Committee:
ADooley (chair)
NMcCutcheon
Name(s):
Ms S Collett - Class A Rider
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A11502
Plea:
Admitted
Charge:
Celebratory Gesture
Evidence:

Following the running of race 9, Barfoot & Thompson Auckland Cup (Group 1), an Information was filed pursuant to Rule 638(2). The Informant, Mr Oatham, alleged that Ms Collett made a celebratory gesture prior to the winning post when riding GLORY DAYS.

Ms Collett said that she understood the Rule and confirmed her admission of the breach.

Rule 638(2) provides: A Rider shall not make a celebratory gesture prior to his horse passing the winning post.

Mr Oatham demonstrated the incident using the available video footage. He said that Ms Collett made a celebratory gesture well before the winning post.

Ms Collett said the breach was obvious.

Decision:

As Ms Collett admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Oatham said that Ms Collett had a clear record under this Rule. He said that GLORY DAYS was Ms Collett’s first Group 1 win and you could understand her exuberance. He submitted a fine in the vicinity of $300 to $400.

Ms Collett said that she accepted her celebratory gesture would result in a monetary penalty.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a breach of this Rule is a $300 fine which was adopted.

We understand Ms Collett’ s excitement at winning her first Group 1 race but the Rule is clear.

The aggravating fact was the breach occurred in a Group 1 race worth $500,000. These collective factors necessitate an uplift in penalty.

Mitigating factors were Ms Collett’s admission of the breach and her clear record under this Rule. For these collective factors a small discount was applied.

In conclusion the Committee notes that comparable breaches have incurred either a $400 or $500 fine.

Penalty:

Ms Collett was fined $400.

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