Riccarton Park – Hororata 26 March 2022 – R1 – Jacob Lowry
ID: RIB8243
Animal Name:
STREET FIGHTIN MAN, AVITUS and KAARERAWAY
Code:
Thoroughbred
Race Date:
26/03/2022
Race Club:
Canterbury Jockey Club
Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,
Race Number:
R1
Hearing Date:
26/03/2022
Hearing Location:
Riccarton Racecourse, Christchurch.
Outcome: Proved
Penalty: Jockey Jacob Lowry is fined $350
Evidence:
The Applicant, Stipendiary Steward Mr Mark Davidson filed an Information pursuant to Rule 330(3)(c) alleging that Class A Rider Mr Jacob Lowry failed to make the contracted weight for his mounts STREET FIGHTING MAN, AVITUS and KAAVERAWAY in Race number 1 2 and 7.
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”.
Stipendiary Steward Mr Davidson advised that the 3 horses were handicapped to carry 58, 58 and 57.5 kg and the Respondent notified the Stewards at the earliest juncture he was overweight.
Mr Davidson stated there were suitable replacement Riders and they had been contracted.
By way of explanation, the Respondent said he had taken a break to get his weight under control but had caught Covid which made it very difficult. He said his weight was decreasing and was confident he could have made his contracted weight today.
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 Davidson said that this is the Respondent’s 4th breach of the Rule within the last 12 months. 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 MIN.
Stipendiary Steward Mr Davidson submitted the breach could be dealt with by way of a fine.
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 the first breach of this Rule. In circumstances where Stewards elect to file an Information, determination of penalties is fact dependant.
The Adjudicative Committee considered the submissions and for consistency took some guidance from previous penalties for similar breaches.
The aggravating factor is the Respondent’s poor record under this Rule.
Given the circumstances, and balancing the interests of the Respondent, other stakeholders, and consistency, the Adjudicative Committee determined that a $350 fine is an appropriate penalty.
Penalty:
The Respondent is fined $350.
Decision Date: 26/03/2022
Publish Date: 28/03/2022