Canterbury JC 17 September 2022 – R3 – Jacob Lowry

Evidence:

The Applicant, Chief Stipendiary Steward John Oatham filed an Information pursuant to Rule 330(3)(c), alleging that Class A Rider Jacob Lowry failed to make the contracted weight for his mount NOBLE KNIGHT in Race 3.

The Respondent was not present at the hearing but was available by mobile phone and confirmed his understanding of the Rule and admission of the breach. Mr Lowry also confirmed he was comfortable having the hearing via mobile phone.

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 Mr Oatham advised that NOBLE KNIGHT was handicapped to carry 58.5kg and that at weigh out the Respondent was 1 kg overweight. He stated that Mr Lowry informed him that he was unable to make the weight an hour before the first race. Mr Oatham stated that Mr Lowry was not on course and had headed home but was available via mobile phone.

By way of explanation, the Respondent said that he had struggled getting down to the required weight despite having permission to ride the horse .5kg over weight. He decided that when he realised he could not make the weight, he informed Mr Oatham and then headed for home.

Decision:

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

Submission for Penalty:

Stipendiary Steward Mr Oatham said that this is the Respondent’s 3rd breach of the Rule within the last 120 days, and therefore the charge was laid down in an Information to be heard by the Adjudicative Committee.  He said breaches are normally dealt with by way of Minor Infringement Notice (MIN), but due to the Respondent’s repeated offending, Stewards elected to proceed by way of an Information as opposed to having the matter dealt with by way of a MIN. Mr Oatham outlined Mr Lowry’s previous breaches as follows;

• Otago 27 May 2022 – $250 Fine (MIN)
• Riccarton 14 September 2022 – $200 Fine (MIN)

Chief Stipendiary Steward Mr Oatham, submitted the breach could be dealt by way of fine and submitted that a fine of $250 be considered as penalty.

The Respondent agreed that a fine would be an appropriate penalty.

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.

Factors for consideration included that this was Mr Lowry’s 3rd breach in 120 days. The connections were able to get a suitable replacement Rider for the horse, with the betting public, we determined, not disadvantaged by the change of Rider.

Given the circumstances, and balancing the interests of the Respondent, other stakeholders, and consistency, the Adjudicative Committee agreed with Mr Oatham’s submission on penalty and determined that a fine is an appropriate penalty.

Conclusion:

The Respondent is fined $250.