Canterbury JC 16 September 2023 – R5 – VAGUE

ID: RIB27425

Respondent(s):
Leonard Stewart - Trainer

Applicant:
Mark Davidson, Stipendiary Steward

Adjudicators:
Russell McKenzie (Chair), Stewart Ching

Persons Present:
The Applicant, Jockey Tina Comignaghi and Trainer Leonard Stewart

Information Number:
A21162

Decision Type:
Request for Ruling

Rule(s):
648(3) - Weight Infringement

Request for Ruling:
Disqualification

Animal Name:
Vague

Code:
Thoroughbred

Race Date:
16/09/2023

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R5

Hearing Date:
16/09/2023

Hearing Location:
Riccarton

Outcome: Determination

Penalty: VAGUE disqualified

EVIDENCE:

Following the running of Race 5, Commodore Hotel Rating 75, an Information by way of a Request for a Ruling was filed by Stipendiary Steward, Mark Davidson, seeking a Ruling pursuant to Rule 648(3) in that “VAGUE (Tina Comignaghi) which finished in 4th placing weighed in 0.9 kg under the required weight with disqualification being mandatory”.

Rule 648 provides as follows:

(3)     If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.

The Rule was read to Jockey, Tina Comignaghi, and the horse’s Trainer, Leonard Stewart.

The Judge’s placings were as follows:

1st    4   Glorified

2nd  5   Prismatic

3rd   1   The Mighty Spar

4th  13   Vague

5th  12  Loquitaall

EVIDENCE:

Stipendiary Steward, Mark Davidson, said that Tina Comignaghi, Rider of the 4th placed horse, VAGUE, had weighed in, following the race, 0.9kg below her carded weight of 54kg. He produced the Clerk of Scales Report for the race. An inspection of Ms Comignaghi’s gear revealed that a gear bag was missing.

Mr Davidson referred to the Rule which, he said, required VAGUE to be disqualified in those circumstances. He sought disqualification of VAGUE accordingly.

DECISION:

The Adjudicative Committee ruled that VAGUE, placed 4th in the race, be disqualified.

REASONS FOR DECISION:

Ms Comignaghi has weighed in 0.9kg under her carded weight of 54kg. The requirements of the Rule are clear in providing that the horse shall be disqualified. Disqualification is mandatory and the Adjudicative Committee has no discretion.

CONCLUSION:

Number 13, VAGUE, is disqualified for the Race. Consequential upon the disqualification, the amended result of the race is as follows:

1st    4   Glorified

2nd   5   Prismatic

3rd  1   The Mighty Spar

4th 12  Loquita

5th =  2  Deels Done / 11 Maximus Augustus

It is ordered that dividends and stakes be paid in accordance with that amended result.

Decision Date: 16/09/2023

Publish Date: 18/09/2023