Avondale JC - 8 April 2010 - R 4

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr Williamson

Defendant:  Mr C Leveque

Information No:  7632

Meeting:  Avondale Jockey Club

Date:  8 April 2010

Venue:  Avondale

Race:  4

Rule No:  649(3)

Judicial Committee:  R Seabrook, Chairman – D Johnstone, Committee Member 

Following Race 4 an Information was filed pursuant to rule 649 (3).  The Informant, Mr Williamson, alleged that Mr C Leveque, rider of HAPPY JACK in Race 4, weighed in 1kg less than his weigh out weight.

Mr Leveque admitted the breach.

Mr Williamson explained to the Committee that on weighing in after Race 4, Mr Leveque was found to be 1 kg less than his weigh out weight.  Mr Williamson was satisfied after interviewing the person who saddled up HAPPY JACK, Mrs R Whiteside, and the Clerk of the scales, Mr R Sanders, that the horse’s weigh out gear was complete and intact.  He said it was noticed that Mr Leveque had left his saddle unattended on weighing out, which all riders had recently been warned about.  Mr Williamson said the onus was one of strict reliability on riders to weigh in at the same weight as they weigh out. 

Mr Leveque, while admitting the breach, said he did leave the saddle unattended for a short time but was certain he had weighed out correctly.  He could not explain the 1kg differential.

The Clerk of the scales, Mr R Sanders, was called in and confirmed Mr Leveque had weighed out at the correct weight.  He said, on weighing in, all his gear was intact but Mr Leveque was found to be 1kg under weight.

PENALTY SUBMISSIONS

Mr Williamson told the Committee there had been 2 similar charges under this rule in the last 2 years.  Both of these cases involved dividend bearing places resulting in fines of $1250 each.  Taking into consideration that Mr Leveque is a Jumps jockey his earning capacity is less than a Flat rider.  In this case the horse had finished out of a dividend bearing place so accordingly he submitted a fine of no less than $500 would be appropriate.

Mr Leveque had nothing further to add.

PENALTY

The Committee carefully considered all evidence and submissions.  Mitigating factors include Mr Leveque’s guilty plea and that he is a Jumps Jockey only.  The Committee is satisfied there was no intent to deceive Officials, but as explained to Mr Leveque, the consequences of a breach of this rule can be very serious.  The Committee also voiced its concern to Mr Leveque that he had left his gear unattended.  Clearly it is all riders’ responsibility to ensure security of their gear and weigh in correctly.  In this case we also considered that Happy Jack did not finish in a dividend bearing place.

Taking all the above into account we impose a fine of $500.

Richard Seabrook                    D Johnstone

CHAIR                                     Committee Member

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