Whangarei RC 5 August 2023 – R3 and R5 – Ryan Elliot

Evidence:

The Applicant, Stipendiary Steward A Dooley filed an Information pursuant to Rule 330(3)(c) alleging that Class A Rider Ryan Elliot, failed to make the contracted weight for 2 mounts, JUST AS SHARP r3, handicapped with 57kg and NEW ARRANGEMENT, r5 handicapped with 58kg.

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 A Dooley advised that soon after arriving on course, Mr Elliot advised that he wasn’t able to make the weight for JUST AS SHARP, and not long after this, also confirmed that he was unable to make the weight for NEW ARRANGEMENT.

By way of explanation, the Respondent said he had just got back from holiday and was struggling during the winter to keep his weight down.

Decision:

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

Submission for Penalty:

Stipendiary Steward A Dooley said that this is the Respondent’s 6th breach of the Rule within the last 3 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 A Dooley submitted the breach could be dealt with by way of a suspension in the range of 5-6 days.

The Respondent said he would take any proposed suspension immediately.

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.

On this occasion, suitable replacement Riders were able to be found, however there was an expectation that when Mr Elliot took the mounts, that he was able to fulfil this commitment.

Given the circumstances, and balancing the interests of the Respondent, other stakeholders, and consistency, the Adjudicative Committee determined that a 5 days suspension is an appropriate penalty.

Further to this, the Adjudicative Committee recommended to the Stipendiary Stewards that they consider restricting Mr Elliot’s acceptance of rides to a weight that he was able to make consistently.

Conclusion:

The Respondent is suspended for 5 days, commencing after racing on the 5th of August and concluding after racing on the 16th of August.