Avondale JC 25 May 2022 – R2 and R3 – Toni Moki
ID: RIB9194
Animal Name:
MAGIC CANNON (R2) and IMA WONDER (R3)
Code:
Thoroughbred
Race Date:
25/05/2022
Race Club:
Avondale Jockey Club Inc
Race Location:
Avondale Racecourse - Ash Street, Avondale, Auckland, 1026
Race Number:
R2
Hearing Date:
25/05/2022
Hearing Location:
Avondale Racecourse
Outcome: Proved
Penalty: Jockey, Toni Moki suspended 3 days plus fined $300
Evidence:
The Applicant, Stipendiary Steward Mrs Selvakumaran filed an Information pursuant to Rule 330(3)(c) alleging that Class D Rider, Toni Moki failed to make the contracted weight for her mounts in Races 2 and 3.
The Respondent was present at the hearing and confirmed her admission of the breach. She is a Class D (Jumps and Highweight Rider).
Rule 330(3)(c) provides:
“A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.
Prior to the commencement the meeting Stipendiary Stewards gave Toni Moki permission to ride MAGIC CANNON (r 2) – 1.5kg over and IMA WONDER (R 3) – 0.5kg over each horses handicapped weight.
Race 2 MAGIC CANNON
Mrs Selvakumaran advised that MAGIC CANNON was handicapped to carry 65 kg. Ms Moki was permitted to carry 1.5 kg overweight and at weigh out she was 2 kg overweight and carried 68.5 kg.
Race 3 IMA WONDER
Mrs Selvakumaran advised that IMA WONDER was handicapped to carry 66 kg. Ms Moki was permitted to carry .5 kg overweight and at weight out she was 2 kg overweight and carried 69 kg.
Mrs Selvakumaran said after having being given permission the previous evening to ride both overweight she was still unable to make weight.
Stewards permitted Ms Moki to take both mounts because there was no suitable replacement Rider(s) available and the connections were agreeable.
Ms Moki offered no explanation for the breaches.
Decision:
As the Respondent admitted the breach the Adjudicative Committee finds the breach proved.
Submission for Penalty:
Mrs Selvakumaran said this is Ms Moki’s second breach of the Rule within the 120-day reset period. The previous breach occurred on at Matamata RC on 20 April 2022 (2 races) and a fine of $350 was imposed.
Mrs Selvakumaran submitted that a fine of at least $350 and a 3-day suspension should be imposed on this occasion.
The Respondent submitted that since her last breach (on 20 April 2022) she has been injured which has impacted on her weight and fitness. She said that she was not intending to ride at the Wellington meeting on Saturday 28 May 2022.
Reasons for Penalty:
The MIN schedule establishes a $200 fine as the starting point for a second 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 which range in a mix of fines between $200 and $300 and suspensions.
It was noted that Ms Moki’s previous breach on 20 April 2022 resulted in a $350 fine. The fine on that occasion took into account the fact that her mount won the race and she received the winning riders stake percentage as well as her riding fee. On this occasion her mounts finished out of the money, but she did receive riding fees.
Aggravating factors included:
- This is Ms Moki’s second breach of the Rule in the past 5 weeks, both involving breaches in 2 races.
- The breaches resulted in both runners having to carry overweight.
- Although there were no suitable replacement Riders available (on-course), the Respondent knew the previous evening that she could not make weight and Stewards gave her permission to ride overweight. She was still unable to make weight despite this.
- The betting public and indeed the Connections of the horses under normal circumstances are reluctant to put up additional weight.
Apart from her admission of the breach, which was inevitable, there are no particular mitigating circumstance.
Given the circumstances, and balancing the interests of the Respondent, other Stakeholders, and consistency, the Adjudicative Committee determined that she should receive a fine slightly less than what she received on her previous breach, but also a short suspension should be imposed so that Ms Moki has sufficient time to get her fitness and weight under control. Accordingly, a $300 fine and a 3-day suspension are imposed.
Stewards are also intending to place conditions on her License to ensure that she does not accept raceday mounts when it is evident that she is unable to make their handicapped weight.
Penalty:
Ms Moki’s License is suspended from close of racing on 25 May 2022 until after racing on 17 June 2022. In addition, a fine of $300 is imposed.
Decision Date: 25/05/2022
Publish Date: 26/05/2022