Matamata RC 20 September 2023 – R8 – INNOCENT VICTIM

ID: RIB27605

Respondent(s):
Steven Cole - Trainer

Applicant:
Mr A Dooley

Adjudicators:
Mr M Godber, Hon J W Gendall KC

Persons Present:
Mr A Dooley, Mr J Oatham, Mr H McNeill (representing Mr Cole) and Mr N Harris (supporting Mr McNeill)

Information Number:
A19465

Decision Type:
Request for Ruling

Charge:
The rider of the 4th placed horse INNOCENT VICTIM failed to weigh in after the conclusion of Race 8.

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

Plea:
Admitted

Request for Ruling:
The Rider of the 4th placed horse INNOCENT VICTIM failed to weigh in after the conclusion of Race 8

Animal Name:
INNOCENT VICTIM

Code:
Thoroughbred

Race Date:
20/09/2023

Race Club:
Matamata Racing Club

Race Location:
Matamata Racecourse - 7555 State Highway 27, R D 3, Matamata, 3440

Race Number:
R8

Hearing Date:
20/09/2023

Hearing Location:
Matamata Racecourse

Outcome: Determination

Penalty: The horse INNOCENT VICTIM is disqualified

Evidence

Mr Dooley requested a Ruling under Rule 647(1) with respect to INNOCENT VICTIM being placed 4th, due to its Rider Mr H McNeill, failing to weigh in as required following the race.

Mr Dooley stated that after the race the Stewards were informed, that the Rider of the 4th placed horse, INNOCENT VICTIM, had not weighed in as required. On investigation, it was found that Mr McNeill had gone into the Jockeys’ Room and been there unsupervised without weighing in. In the circumstances, the Stewards could not be satisfied that INNOCENT VICTIM had carried the correct weight and requested it be disqualified from the race.

Mr McNeill (assisted by Mr Harris) admitted the breach stating that he had simply forgotten to weigh in. The Stewards accepted that it was simply a fact that Mr McNeill had forgotten and it was not a deliberate action on his part. It was noted that he had ridden earlier in the programme at a lighter weight so there was no concern over him being unable to make the weight.

Reasons for Decision

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. Further, the horse shall be disqualified 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.

Mr McNeill was not excused by the Stewards and there was no accident or illness or any extraordinary circumstance in this case.

Decision

The Stewards were advised that INNOCENT VICTIM should be disqualified in Race 8 in accordance with Rule 647(1).

Decision Date: 20/09/2023

Publish Date: 21/09/2023