Auckland TR 26 December 2023 – R7- Ryan Elliot

Evidence:

The Applicant, Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 330(3)(c) alleging that Class A Rider, Ryan Elliot failed to make the contracted weight for his mount MOERAKI (Race 7).

Mr Elliot was present at the hearing and confirmed his admission of the breach.

Rule 330(3)(c) provides:

“A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.” 

Mr Oatham advised that Mr Elliot was unable to make MOERAKI’s  handicapped weight of 55 kg in Race 7, the Stella Artois Final ($110,000).  He added that Mr Elliot rode at 55 kg last Friday 23 December 2023, so there was an expectation that he may have able to make MOERAKI’s carded weight. Senior Rider, Ms K Myers replaced Mr Elliot.

Mr Elliot agreed with the facts.  In explanation he advised that when weights were declared for the race, he advised MOERAKI’s Trainer that he “may struggle to make 55 kg” but thought he may be able to ride ½ kg overweight at 55.5 kg.  He said that there were no other suitable riders available at that time.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submission for Penalty:

Mr Oatham said that this is the Respondent’s 3^rd breach of the Rule within the last 120 days.  The previous breaches occurred on: 21/12/23 – $200 fine and 14/10/23 – a suspension was imposed (due to being unable to make weight for several rides).

Mr Oatham said that although race 7 is, not a Group or Listed race, it is classified as a ‘special conditions race’ with stakes of $110,000.  He said the Status of the Race is therefore an aggravating factor.  He suggested a fine in the vicinity of between $300-$400 would be appropriate.

Mr Elliot advised that he would prefer a suspension as opposed to to a fine.  This, he said, would enable him time off to get his weight under control.

Reasons for Penalty:

The Minor Infringement Notice (MIN) schedule establishes a $100 fine as the starting point for a first breach of this Rule.  In circumstances where Stewards elect to file an Information, determination of penalties are fact dependent.

The Adjudicative Committee considered the submissions and for consistency, took some guidance from previous penalties for similar breaches. Also, the Status of the Race was taken into account.

Given the circumstances and balancing the interests of the Respondent and the interests of all stakeholders, the Adjudicative Committee determined a fine of $350 to be an appropriate penalty.

Penalty:

Mr Elliot is fined $350.