Wyndham RC 11 March 2022 – R3 – Brett Murray

Evidence :

The Applicant Chief Stipendiary Steward, Mr John Oatham filed an Information pursuant to Rule 330 (3) (c) alleging that Class A Rider Brett Murray failed to make the contacted weight for his mount OLAF in Race 3.

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.”

Chief Stipendiary Steward Mr Oatham advised that OLAF was handicapped to carry 54kgs and prior to the races commencing, Mr Murray advised the Stewards that he was unable to make the declared weight.

Mr Oatham stated that Mr Murray was replaced by Class A Rider Gosen Jogoo on OLAF.

Mr Murray stated that he’d taken the ride thinking that he could make the weight, however despite his efforts and time in the sauna he was unable to do so.

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 Oatham said that this is the Respondent’s third breach of the Rule within the last 120 days. He said that 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 Information as opposed to having the matter dealt with by way of MIN.

Mr Oatham stated that previous penalties imposed on Mr Murray were on the 26th of November 2021 where he received a $350 fine for being unable to make the weight for 2 rides. He received a fine of $400 for a second breach on 29th of January 2022 for one ride.

Mr Oatham recommended a fine between $200 and $300 may be appropriate in this instance.

The Respondent agreed that a fine would be an appropriate 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 dependant.

The Adjudicative Committee considered the submissions, the aggravating factor in assessing penalty was Mr Murray’s disappointing record, this being his third breach within 4 months.

Mitigating factors included in assessing penalty was Mr Murray’s frank admission of the breach.

Taking all factors into consideration the Adjudicative Committee believed an appropriate penalty would be a fine set at $300.

Conclusion:

The Respondent is fined $300 and was reminded of his professional obligations around this issue, particularly for the Owners, Trainers and the betting public.