Beaumont RC 20 March 2023 – R6 – FAME SHINES

Mr Davidson requested a Ruling under r 647(1) with respect to FAME SHINES being placed first due to its Rider Mr May failing to weigh in as required following the race.

Mr Davidson stated that after the race he and the connections of the 2nd placed horse, SEA SHEPHERD, viewed the replays of an incident near the 75 metres before electing not to proceed with a Protest. He said the Stewards were then informed by the Clerk of the Scales, Ms Miles, that the Rider of the 1st placed horse, FAME SHINES, had not weighed in. He asked Stipendiary Steward, Mr Munro, to see where Mr May was. He said Mr Munro stated Mr May had gone into the Jockeys’ Room without weighing in, and that the Stewards did not know long he had been in the Room for. In these circumstances, he said, the Stewards could not be satisfied that FAME SHINES had carried the correct weight.

Mr Munro gave evidence that he went looking for Mr May and, as he did so, Mr May walked out of the Jockeys’ Room. He confirmed that the Stewards could not determine how long Mr May had been in the Jockeys’ Room.

Mr May stated that he was on the way to the scales when he heard that there was going to be a protest. He said this distracted him and he went into the Jockeys’ Room to see if this was the case. He had put his saddle down and was in the room only for a short time. He said he was riding at the minimum at which he could ride and that he would still make the weight. He said he was sorry for the connections of the horse and the punters. He reiterated his intention was to see if there was a protest.

Reason for Ruling

Rule 647(1) states:

All Riders in a Race shall weigh-in, unless excused from doing so by a Stipendiary Steward. A horse whose Rider does not weigh in shall, in addition to any other penalty which may be imposed, be disqualified from the Race, unless the Stipendiary Stewards are satisfied that the:

(a) Rider’s failure to weigh-in, in accordance with this Rule, was justified by extraordinary circumstances, including if the Stipendiary Stewards are satisfied that, on account of accident or sudden illness, it is impracticable for him to weigh in; and

(b) Rider weighed out correctly with, and carried, his proper weight.

This provision requires a Rider shall weigh in unless excused from doing so by a Stipendiary Steward. Mr May was not excused. The horse is to be disqualified (again the word used is shall) unless the failure to weigh-in is justified by extraordinary circumstances, including if the Stipendiary Stewards are satisfied that, on account of accident or sudden illness, it is impracticable for the Rider to weigh in. There was no accident or illness. And the fact that Mr May had heard there might be a protest does not qualify as an extraordinary circumstance.

Ruling

The Stewards were advised that FAME SHINES should be disqualified in accordance with r 647(1).