Racing Rotorua - 18 August 2010 - R 3

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr A Coles

Defendant:  Mr N Hanley

Information No:  7591

Meeting:  Racing Rotorua

Date:  18 August 2010

Venue:  Arawa Park

Race:  3

Rule No:  611

Judicial Committee:  R Seabrook Chairman, - Mr A Godsalve, Committee Member 

Plea:  Admitted

CHARGES:

Following Race 3 an Information was filed pursuant to rule 611.  The Informant Mr Coles alleged that Mr Hanley rider of HE KIN TALK attempted to wear spurs. 

FACTS:

Mr Coles told the committee that when the horses were around at the start prior to race 3 Mr M Williamson (Stipendiary Steward) noticed that Mr Hanley, rider of HE KIN TALK was wearing spurs.  He was immediately asked to remove them.  Mr Coles conceded that it was a genuine mistake by Mr Hanley who was unaware he could not use them in flat races.  Mr Coles said Mr Hanley had been away from riding for a period through injury and was obviously not conversant with the present rule regarding spurs.

SUBMISSION(s):

Mr Hanley confirmed what Mr Coles said emphasizing it was a genuine mistake on his behalf and he was unaware the rule had changed regarding the use of spurs.

SUBMISSION(s) ON PENALTY:

Mr Coles submitted a fine of $200 - $300 would be appropriate. 

Mr Hanley had nothing further to add.

REASON(s):

The committee considered all the evidence and submissions before imposing an appropriate penalty.  Mitigating factors are Mr Hanley’s guilty plea that it was a genuine mistake and he had been away from race riding for some time.  However if Mr Williamson had not seen Mr Hanley wearing spurs he would have indeed used them in the race which could have been perceived to have given him an advantage.  It was explained to Mr Hanley the importance of being up to date and conversant with the rules

PENALTY:

Accordingly after taking all the above factors into account we impose a penalty of $250.