Beaumont RC 20 March 2023 – R6 – Brandon May

ID: RIB17571

Respondent(s):
Brandon May - Jockey

Applicant:
Mark Davidson, Stipendiary Steward

Adjudicators:
Geoff Hall

Information Number:
A11807

Decision Type:
Race Related Charge

Charge:
failure to weigh in

Rule(s):
647(1)(a) - Weight Infringement

Plea:
Admitted

Animal Name:
FAME SHINES

Code:
Thoroughbred

Race Date:
20/03/2023

Race Club:
Beaumont Racing Club

Race Location:
Wingatui Racecourse - 285 Gladstone Road North, Mosgiel, Dunedin,

Race Number:
R6

Hearing Date:
20/03/2023

Hearing Location:
Dunedin

Outcome: Proved

Penalty: Jockey Brandon May suspended for 5 1/2 weeks

Mr May admitted a breach of r 647(1)(a) in that being the Rider of FAME SHINES, which was placed first in Race 6, he failed to weigh in as required following the race. The facts are as outlined in the related Ruling.

Decision

As Mr May has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Davidson produced the Respondent’s record which was clear under this Rule. He emphasised the breach impacted upon the integrity of racing and the penalty had to reflect this fact. He referred the Adjudicative Committee to two cases where one month’s suspension had been imposed where the horses had been disqualified from second for a breach of this Rule. He stated that as FAME SHINES had been disqualified from first, a higher penalty was appropriate, and he submitted that it should be six weeks.

Mr May said a six-week suspension was excessive in his view. It was his first breach of this Rule and the penalty should not be over a month. Jockeys who were careless and caused a fall only received a month’s suspension. He asked for a deferment until after the meeting on 25 March. Mr Davidson did not object to this.

Reason for Penalty

The RIB Listing of Penalties demonstrates that the penalty imposed for a breach of this Rule varies as to whether or not the horse is disqualified from a dividend bearing placing. The two cases Mr Davidson refers to date back to 2018 and 2010, respectively. They are the only examples that could be found of where a horse placed in the first three has been disqualified. This evidences how rare a breach of this Rule is and confirms that Mr May’s failure is one that he, as an experienced Jockey, including having ridden regularly in South Africa, should not have made. Disqualification from first is to be regarded as a more serious breach than where a horse has finished second. The financial loss for the connections is greater — $17,250 in this instance — and more investments are affected.

Mr May’s failure to weigh in is a fundamental error that calls into question the integrity of the Industry and, in that regard, is a serious breach deserving of a significant penalty. A suspension at the level of six weeks, as submitted by Mr Davidson, is appropriate but for one matter which reduces the Respondent’s culpability, albeit only slightly. And that is that it was not a simple nonchalant walking into the Jockeys’ Room without thought of weighing in, but was due to his being concerned as to the possibility of a protest and his wanting to inquire further from Jockeys in the Room. In this state, he was to use his own words “distracted”. This, of course, does not excuse the breach or reduce the pronounced impact of his actions upon the connections of FAME SHINES and the betting public.

Conclusion

Mr May’s licence to ride in races is suspended from the conclusion of racing on Saturday, 25 March up to and including Wednesday, 3 May. This is 5½ weeks and will permit Mr May to ride at Riccarton on 4 and 6 May. It is not appropriate that the connections of FAME SHINES pay Mr May a riding fee. Mr May’s riding fee for race 6 is forfeited.

Decision Date: 20/03/2023

Publish Date: 24/03/2023