Pakuranga HC 4 September 2022 – R6 – Shaun Fannin

Evidence:

The Applicant, Chief Stipendiary Steward Mr Oatham filed an Information (No A18113) pursuant to Rule 330(3)(c) alleging that Class D Rider Mr Shaun Fannin failed to make the contracted weight for his mount in Race 6, the CLC Pakuranga Hunt Cup, a Prestige Jumps Race with stake of $60,000.

The Respondent was present at the hearing and confirmed his admission of the breach.

Rule 330(3)(c) provides:

“A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.” 

Mr Oatham advised that KIDDO was handicapped to carry 65 kg.  He said that Mr Fannin indicated earlier in the day that he may be 1kg overweight, but at weigh-out he was 1.5 kg overweight.  Mr Oatham said that although it was undesirable that Mr Fannin ride overweight, he was permitted to do so because there was a shortage of Jump Riders, and no suitable replacement Rider was available.

By way of explanation the Respondent said that he freely admitted the breach.  He said that he has had over 600 race rides and has never failed to make weight for any of those mounts.  On this occasion, he said that he had been treated for an infection during the week and needed to keep himself well hydrated.  He said following his ride in the previous race he was required to have a drink of water to avert dehydration, and this resulted in weight gain.

Decision:

As the Respondent admitted the breach the Adjudicative Committee finds the breach proved.

Submission for Penalty:

Mr Oatham confirmed that the Respondent has never breached this Rule. He said breaches of this nature are normally dealt with by way of Minor Infringement Notice (MIN) but due to the status of the race (Prestige) an Information was lodged. He submitted the breach could be dealt by way of fine in the vicinity of $200 to $250.

The Respondent had nothing further to add.

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.

In assessing the penalty, the following factors were considered:

• The Respondent’s admission of the breach and his excellent record under the Rule.
• The Respondent’s mount was a well-favoured runner who was required to carry 1.5.kg overweight.
• No suitable replacement Rider available.
• The betting public and indeed the connections of the horse were placed at a disadvantage.
• The status of the race (Prestige).
• The Respondent’s explanation to some degree mitigates culpability.

Given the circumstances, and balancing the interests of the Respondent, other stakeholders, and consistency, the Adjudicative Committee determined a $200 fine to be an appropriate penalty.

Conclusion:                                                                                                                                                                                       

The Respondent Mr Fannin is fined $200.