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Canterbury RC 11 November 2020 - R 11 (heard 14 November 2020 at Riccarton) - Chair, Mr R McKenzie



648(5)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr J Oatham – Chief Stipendiary Steward

Respondent: Mr B Murray – Licensed Class A Jockey

Information No: A12843

Meeting: Canterbury Racing Club

Date:11 November 2020 (heard 14 November 2020 at Riccarton)

Venue: Riccarton

Race: 11

Rule No: 648(5) – Breach of Rule 648(5)

Judicial Committee: Mr R McKenzie, Chair – Mr S Ching, Committee Member

Also Present: Mr M Davidson, Stipendiary Steward

Plea: Admitted

FACTS:

This charge was heard at the Canterbury Meeting on Saturday 14 November 2020 after being adjourned at the meeting on Wednesday 11 November.

Following the running of Race 11, the 16th Coupland Bakeries Mile, an Information was filed by Chief Stipendiary Steward Mr J Oatham against Licensed Class A Jockey Mr B Murray, alleging a breach of Rule 648(5) in that he weighed in 1 kilo in excess of his weigh out weight.

Rule 648(5) reads as follows;

If the Rider of a horse weighs in at a weight of 0.5kg or more in excess of that at which he weighed out:

[Amended 1 May 2015]

(a) that Rider; and

(b) any other person who a Tribunal conducting an inquiry finds was at fault, commits a breach of these Rules.

Mr Murray had indicated on the Information that the breach was admitted, and this was confirmed at the hearing. Mr Murray also confirmed he understood the Rule he was being charged with.

Mr Davidson, on behalf of Mr Oatham, gave evidence that Mr Murray had weighed out for THE GROWLER at .5kg over the carded weight of 52kg. He said that on return to the scales, he weighed in at 53.5kg, a full kilo in excess of his weigh out weight. Mr Davidson said that Mr Murray had wasted hard in an attempt to get down to the carded weight of 52 kg. He added that THE GROWLER finished in last position.

Mr Murray explained that he had wasted very hard for THE GROWLER and after weighing out had consumed a can of V, due to being so dehydrated, which he believed increased his weigh in weight.

DECISION:

As Mr Murray had admitted this breach of the Rules it was found to be proved.

PENALTY SUBMISSIONS:

Mr Davidson stated that Mr Murray had a clear record in regard to this rule. He said that the JCA penalty Guide provided a $200 starting point for a breach of this rule and submitted that a fine of between $200 and $300 be considered as penalty in this case.

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

PENALTY REASONS:

The JCA Penalty Guide provides a $200 fine starting point for a breach of this rule. We find there are no aggravating factors to consider, therefore no uplift in penalty warranted. Taking Mr Murray’s good record and his admission into consideration, we determined that a $200 fine was an appropriate penalty in this case.

PENALTY:

Accordingly, Mr Murray is fined the sum of $200.

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