Auckland TR 23 April 2022 – R1 and R5 – Ryan Elliot

Evidence:

The Applicant, Stipendiary Steward Brady Jones 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’s PLAYSAMEANPINBALL and APOSTROPHE in Race Number’s 1 and 5 respectively.

The Respondent 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”. 

Stipendiary Steward Brady Jones advised that Mr Elliot confirmed to Stewards on his way to the races that he would be unable to make the weight for his rides in Race’s  1 and 5 (PLAYSAMEANPINBALL and APOSTROPHE).  As a result of Mr Elliot not being able to make the weight, replacement Riders were sought.

The Adjudicative Committee questioned Mr Elliot as to how many kilo’s he was over the carded weight of his mount’s but he was unable to confirm this, simply stating he was over.

Mr Elliot confirmed it was a straightforward breach, and he was unable to “Sweat” to get down to the carded weight of the aforementioned runners.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submission for Penalty:

Stipendiary Steward Brady Jones said that this is the Respondent’s 3rd breach of the Rule within the last 120 days.  He said breaches are normally dealt with by way of Minor Infringement Notice (MIN) but the 3rd and subsequent breaches (within a 120 day period) are referred to an Adjudicative Committee to determine an appropriate penalty.

Mr Brady said that Mr Elliot had 6 breaches of this particular Rule in the last 12 months and the Stewards would see this as an aggravating factor.

Mr Elliot raised with the Adjudicative Committee that of the two previous breaches within the immediate 120 day period, one of the days did not proceed with racing (the race meeting was abandoned) on the day but he was still fined. He asked if the Adjudicataive Committee could consider this as a mitigating factor.

Reasons for Penalty:

The 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.

Given the circumstances, and balancing the interests of the Respondent, other stakeholders, and consistency, the Adjudicative Committee determined that a $300 fine is an appropriate penalty.

Penalty:

Mr Elliot is fined $300.