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10 Aug 2019
Canterbury-Jc - R9

Canterbury JC 10 August 2019 - R 9 - Chair, Mr S Ching

Created on 13 August 2019

Rules:
330(3)
Committee:
SChing (chair)
RMcKenzie
Name(s):
R Elliot-Class A Rider
Informant
J Oatham- Chief Stipendiary Steward
Information Number
A11528
Plea:
Admitted
Charge:
Alleged breach of Rule 330(3)
Evidence:

Information A11528 was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr R Elliot, alleging that Mr Elliot failed to make the contracted weight in Race 9 on SMILING ASSASSIN and was replaced.

Rule 330(3)(c) reads as follows:

(3) A Rider shall not:

(c) fail to ride a horse at the weight at which it is handicapped to carry; or

Mr Elliot had indicated on the Information that this breach of the Rules was admitted, which he confirmed this at the hearing. He also confirmed he understood the charge and the Rule it was brought under.

Mr Oatham stated that Mr Elliot had been contracted to ride SMILING ASSASSIN in Race 9 at 53kg and was unable to make the weight. He said that Mr Elliot had been replaced by R Mudhoo in this race. Mr Oatham stated that prior to Race 6, Mr Elliot informed the Stewards that he was unable to make the weight for SMILING ASSASSIN in Race 9 which was handicapped to carry 53kg.

Mr Elliot stated that he had been in the sauna since 9.30am this morning and had struggled with getting down to the required weight. He said he rode 53kg last Saturday and had been in Christchurch since last Wednesday and the cold weather, he believed, has not helped at all.

Decision:

As Mr Elliot had admitted the breach, it was found to be proved.

Submission For Penalty:

Mr Oatham stated that this was Mr Elliot’s 3rd breach of this Rule since May this year with his first at Rotorua on 11 May in a Group 3 race, where he was fined $250 and 27 June at Waverley where he received a $200 fine under the MIN system. Mr Oatham stated that as this was Mr Elliot’s 3rd breach an information had been filed. He said that Mr Elliot was a conscientious rider and did not normally let the connections down. He submitted that a monetary penalty in the vicinity of $200 to $300 be considered as penalty in this case.

Mr Elliot elected to make no submissions in regard to penalty.

Reasons For Penalty:

In determining penalty, the Committee took into consideration all factors, both aggravating and mitigating. The aggravating factor was Mr Elliot’s record which showed two breaches since May this year. The JCA Penalty Guide does not provide a starting point for a 3rd and consequent breach of this rule as it is normally dealt with in the 1st and 2nd breaches by way of a Minor Infringement Notice being $100 and $200 respectively. After consideration of all factors, this Committee determined that an uplift from Mr Elliot’s penalty of $200 was warranted. This uplift we set at $100. We therefore determined that a fine of $300 was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Elliot was fined the sum of $300.

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