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Otaki-Maori RC 7 January 2019 - R 1 - Chair, Mr T Utikere

Created on 08 January 2019

Rules:
330(3)(a)
Committee:
TUtikere (chair)
TCastles
Name(s):
Ms Z Moki - Class B Rider
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12116
Plea:
Admitted
Charge:
Breaking a Riding Engagement
Evidence:

Following the running of Race 1 (GARDNER HOMES 1200), Information A12116 was filed with the Judicial Committee. It alleged a breach of Rule 330(3)(a) by Class B Rider Z Moki in that she “broke a riding engagement for WHOZTHEBOSS without reasonable cause".

Rule 330(3) states: "A rider shall not: (a) wilfully or without reasonable cause break a riding engagement;”

Ms Moki had admitted the breach and endorsed the signed Information with “I do not wish to be present at the hearing of this information”.

Mr Oatham advised that Ms Moki had contacted the Stipendiary Steward as soon as she had realised she was not going to be on course in time for her ride in the first race. She had explained to him that she had made an honest mistake with her timing, and had no excuse to make. Ms Moki had been replaced by Ms Hemi, so while another apprentice was unable to be engaged, the horse was still able to start and the trainer (Mr Patterson) was comfortable with that. As soon as Ms Moki had realised her mistake, she also travelled straight to the course, even though her next ride was some races later.

Decision:

As the charge was admitted, the Committee deemed the charge proved. 

Submission For Penalty:

Mr Oatham advised that while the situation was far from ideal, Ms Moki had a clear record under the rule and submitted a $150 fine as appropriate.

As Ms Moki had elected not to attend the hearing, no submissions on penalty on her behalf were available to the Committee. 

Reasons For Penalty:

The JCA Penalty Guidelines identify a $200 fine starting point for a breach of this rule, which we adopt. While there is a lot of racing on at this time of the year, it may be understandable that Ms Moki has made an honest mistake. It is also fortunate that the connections of WHOZTHEBOSS had been able to secure an alternative rider for the first race of the day.

In mitigation we consider Ms Moki’s admission of the breach and her record, and apply a modest discount.

Penalty:

Ms Moki is fined $150.

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