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Waverley RC 29 August 2019 - R 2 (request for a ruling) - Chair, Mrs N Moffatt

Created on 05 September 2019

Rules:
648(3)
Committee:
NMoffatt (chair)
NMcCutcheon
Stipendiary Steward(s):
Mr D Balcombe - Stipendiary Steward
Name(s):
Mr N Goodwin - Stipendiary Steward, Mrs L Allpress - Rider of CROWNING STAR, Mr J Benner - Trainer of CROWNING STAR, Mr S Barron - Clerk of Scales
Information Number:
A11620
Evidence:

Following the running of Race 2(ULTRA SCAN 1100) an information was lodged with the Judicial Committee requesting a ruling in relation to Rule 648(3) in that CROWNING STAR be disqualified after the rider weighed in 1kilo underweight.

Rule 648(3) reads: if, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.

Submission For Decision:

Mr Balcombe advised the Judicial Committee that upon returning to scale Mrs Allpress weighed in at the book-weight of 56.5kgs instead of 57.5kgs (1kg vest allowance added). He then said she was reweighed a second time and returned the same weight. Mr Balcombe said there was no gear missing and that she had weighed out at 56.5kg without the 1kg allowance for the vest being added.

Mrs Allpress said all her gear was there when she weighed in.

Mr Barron told the Committee that he recorded Mrs Allpress weighing out at 57.6 and wrote this weight down on the weigh-out form. He said he also recorded her gear as including a breastplate and a lead-bag.

Mr Benner said he was standing right beside the scales when Mrs Allpress weighed out and he saw the Clerk of the Scales record the weigh-out weight at 57.5kgs. Mr Benner said there was no gear missing and that the problem must have been with the scales.

The Committee asked Mr Balcombe if there could have been a problem with the scales. He replied that the batteries had required replacing prior to race 1 however they had been tested prior to the meeting. Mr Goodwin said that 18 riders had weighed out and weighed in (over 2 races) with the only discrepancy being that of Mrs Allpress.

Reasons For Decision:

The Judicial Committee considered all submissions. If a rider weighs in more than 0.5kgs underweight the rules do not allow any discretion but clearly state that the said horse shall be disqualified.

It was inferred by Mr Benner that there was a problem with the scales and any disqualification would be unfair. Mr Balcombe said the batteries had been replaced prior to race 1 but there was no evidence presented to suggest that there was any error with the scales measurements therefore the Committee deemed that CROWNING STAR be disqualified.

Decision(s):

CROWNING STAR, which finished second, was disqualified with all Judge’s placings directed to be amended accordingly.

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