Waimate RC 12 June 2022 – R4 and R9 – Brett Murray

ID: RIB9453

Respondent(s):
Brett Murray - Jockey

Applicant:
Mark Davidson - Stipendiary Steward

Adjudicators:
O K Jarvis

Persons Present:
Mr Davidson, Mr Murray

Information Number:
A16072

Decision Type:
Adjudicative Decision

Charge:
Failed to make weight for two rides

Rule(s):
330(3)(c) - Failed to make declared weight.

Plea:
Admitted

Code:
Thoroughbred

Race Date:
12/06/2022

Race Club:
Waimate Racing Club

Race Location:
Phar Lap Raceway - State Highway 1, Washdyke, Timaru,

Hearing Date:
12/06/2022

Hearing Location:
Phar Lap Raceway, Timaru

Outcome: Proved

Penalty: Jockey, Brett Murray fined $250

The Applicant Stipendiary Steward, Mr Mark Davidson filed an Information pursuant to Rule 330(3)(c) alleging that Mr Brett Murray failed to make the contracted weight for his mounts PIMENTER in Race 4 and CAST IN BRONZE in Race 9.

The Respondent was present at the hearing and confirmed his admission of the breach and also that he understood the Rule.

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 Davidson stated that Mr Murray advised the Stewards he was struggling to make the weight, he was 1kg over for one ride and nearly 2kgs over on the other. Mr Davidson stated that Mr Murray was replaced by suitable Riders. Mr Davidson outlined that this is Mr Murray’s third breach in the last four months.

On 11 March 2022 at Wyndham Mr Murray was fined $300 when he was unable to make weight for one ride. Then on 18 April 2022 at Riverton he was fined $200 where he failed to make weight for one ride.

Mr Davidson sought a fine with an uplift on the previous fine of $200 which was imposed.

Mr Murray was frank in his admission outlining he had attempted to make weight but did not get there. Mr Murray agreed that a fine was appropriate.

Decision:

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.

It is due to Mr Murray’s previous breaches of this Rule that this matter was to be dealt with by way of an Information rather than by way of a minor infringement.

The aggravating factors in assessing penalty are Mr Murray’s poor record in relation to this Rule, this is his third breach within four months as well as the fact that on this occasion he has failed to make weight for two rides. The mitigating factor is Mr Murray’s frank admission of the breach.

Taking the above factors into consideration the appropriate penalty is a fine of $250.

Decision Date: 12/06/2022

Publish Date: 13/06/2022