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Counties RC 7 April 2019 - R 3 - Chair, Mr A Dooley

Created on 08 April 2019

Rules:
638(2)
Committee:
ADooley (chair)
GJones
Name(s):
Mr M Coleman - Class A Rider
Informant
Mr A Coles - Stipendiary Steward
Information Number
A11268
Plea:
Admitted
Charge:
Celebratory Gesture
Evidence:

Following the running of race 3, Ssangyong 1200, an Information was filed pursuant to Rule 638(2). The Informant, Mr Coles, alleged that Mr Coleman made a celebratory gesture prior to the winning post.

Mr Coleman endorsed the Information that he admitted the breach and did not wish to be present at the hearing.

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

Mr Coles demonstrated the incident using the available video footage. He identified that Mr Coleman made a celebratory gesture 3 strides prior to the winning post.

Mr Coles said that during the post-race interview with Mr Coleman he stated that he had never breached this Rule from over 2000 winning rides. He added that Mr Coleman suggested a $75 fine would be appropriate.

Decision:

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

Submission For Penalty:

Mr Coles said that Mr Coleman had a clear record under this Rule. He said the Stewards could understand Mr Coleman’s excitement because this was his first winner since returning to race riding following serious health issues. He submitted that under the circumstances some leniency was warranted and suggested a fine in the vicinity of $100 to $150.

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.

The Committee found that Mr Coleman made a low range celebratory gesture 3 strides prior to the winning post.

The Committee accepts that this was Mr Coleman’s first winning ride following serious health concerns and we could understand his excitement on this occasion. Precedent cases have resulted in fines ranging from $100 to $500 fines (Group 1). Further mitigating factors were Mr Coleman’s admission of the breach and his clear record under this Rule over many years.

After considering all the circumstances of this particular case we determined that a $150 fine was appropriate.

Penalty:

Mr Coleman was fined $150.

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