You are here: Home / Race Days / Matamata RC - 31 May 2017 / Matamata RC 31 May 2017 - R 1 - Chair, Mr A Dooley

Matamata RC 31 May 2017 - R 1 - Chair, Mr A Dooley

Created on 01 June 2017

Rules:
649(3)
Committee:
ADooley (chair)
Name(s):
Mr A Kuru - Licensed Rider
Mr A Coles - Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A7307
Plea:
Admitted
Charge:
Weighing-in light
Evidence:

Following the running of race 1, Fairview Motors 2000, an Information was filed pursuant to Rule 649 (3). The Informant, Mr Jones, alleged that Mr Kuru weighed-in 0.6kg under the allocated weight for the horse MAGNANIMOUS MAN.

Mr Kuru acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 649(3)
A Rider must not weigh-in at a weight that exceeds or is less than the proper weight as is defined in and with the allowance permitted by Rule 648(3).

Rule 648(3):
If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this
Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.

All parties present agreed the summary of facts from the Request for a Ruling hearing were applicable for this subsequent charge that was filed later in the day.

Mr Jones advised that he would be calling 2 witnesses namely Stipendiary Steward, Mr Coles and Clerk of Scales, Mr Bevege.

Mr Coles said that he was present when Mr Kuru weighed-in after the race. He said that Mr Kuru weighed-in 0.6 kg light and after standing aside until all other riders had weighed-in Mr Kuru was reweighed which confirmed that he was 0.6kg light. He specified that Mr Kuru should have weighed-in at 69kg but was only 68.4kg which equates to a 0.6 variance.

Mr Bevege advised that Mr Kuru weighed-out at 69 kg but when he weighed-in after the race was 68.4 kg which confirmed that Mr Kuru was 0.6kg light.

Mr Kuru in explanation stated that he went to the toilet twice after weighing out. He said that in an effort to replace the liquids he lost he had a cup of coffee.

Mr Jones submission was that as Mr Kuru had weighed-in light he had breached the Rule.

Decision:

As Mr Kuru admitted the breach the Committee find the charge proved.

Submission For Penalty:

Mr Jones produced Mr Kuru’s record which showed no previous breach under this Rule. He said the aggravating factors were that as a rider Mr Kuru has a responsibility to weigh-in at the correct weight. He said as a result of Mr Kuru failure to weigh-in at the correct weight his mount was disqualified from 3rd place which not only affected the connections but also the betting public that had invested on his mount.

Mr Jones was able to provide some similar examples of this breach. Apprentice rider Ms T Wenn was suspended for 5 days in 2013 after weighing in light and being disqualified from 4th placing. Highweight/Jump rider Ms J Forbes also received a 5 day suspension in 2012 after being disqualified from 3rd place when weighing in 0.6 kg light.

Mr Jones submitted a minimum 5 day suspension for this particular breach.

Mr Kuru's upcoming riding engagements were discussed at length by all parties. Mr Kuru in conclusion said that any proposed suspension could commence after racing at Wingatui on 2 June. Mr Kuru asked the Committee to consider that he was currently in 2nd place for the jump jockey’s premiership. He stated that any lengthy suspension would impact on the betting public that had backed him to win the premiership.

In answer to a question from the Committee, Mr Kuru said that he has been travelling all over the country during the season to date. Mr Jones confirmed that this was correct.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees has no starting point for this Rule. However, the JCA archive penalty listings showed that there were some similar charges, albeit rare, and 5 days was the consistent penalty imposed.

The significant aggravating factors were MAGNANIMOUS MAN, which finished 3rd, was disqualified from the race. This resulted in the betting public and the connections being severely disadvantaged. The stake money for 3rd place was $1,000 and the betting public that had invested on Mr Kuru’s mount for a place, trifecta and first four would have every right to feel aggrieved for what happened. The Committee deemed Mr Kuru’s actions to be surprising and in the mid-range. An uplift in penalty was applied for the aggravating factors.

The mitigating factors were Mr Kuru’s admission of the breach and his clear record for which a reduction was applied.

The Committee had regard for the limited riding opportunities available for Highweight/Jump riders in a season. All available Highweight/Jump dates were included in Mr Kuru’s suspension as he has a recent history of riding throughout the country.

The Committee did not believe this was a deliberate act or that there was any intent on Mr Kuru’s behalf.

The Committee did not place any weight on the fact that Mr Kuru is currently leading the jump jockey’s premiership. Mr Kuru has breached this Rule and consequently a meaningful penalty must be imposed.

After taking into account all the above factors the Committee considered an appropriate suspension was 5 days.

Penalty:

Accordingly, Mr Kuru had his license to ride in races suspended for a period to commence after racing on 4 June and conclude after racing on 16 June 2017 (5 days).

That period of suspension encompasses meetings at

5 June – Ellerslie

8 June – Taranaki

10 June – Wellington

15 June – Wanganui

16 June – South Canterbury
 

Document Actions