Greymouth JC 5 January 2013 – R 4
ID: JCA10471
Code:
Thoroughbred
Meet Title:
Greymouth JC - 5 January 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/01/05
Race Number:
R4
Decision:
Miss Black having admitted the breach, the charge was found proved.
Penalty:
Miss Black was fined the sum of $350.
The Committee issued a warning to Miss Black that any breach of the Rule in the future will very likely result in a suspension of her Apprentice Jockey’s licence. This Committee wishes this warning to be placed on Miss Black’s record for the benefit of future Stewards panels and Judicial Committees should she appear in the future on a charge of breaching the Rule.
Charge:
Excessive use of the whip
Facts:
Following the running of Race 4, Recreation Hotel Rating 65, an information was filed by Stipendiary Steward, Mr M Zarb, against Licensed Apprentice Jockey (Class B), Miss R C Black, alleging that Miss Black, as the rider of SEASONED GEM in the race, “struck her horse in an excessive manner throughout the straight”.
Miss Black was present at the hearing of the information and she indicated that she admitted the breach. She was assisted at the hearing by Licensed Jockey, Mr T R Moseley.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
Submissions for Decision:
Mr Zarb referred to the video replay and pointed out Miss Black, riding SEASONED GEM, in behind the leader as the field approached the entrance to the home straight, in 2nd or 3rd placing. Mr Zarb said that the Stewards were alleging that, shortly after entering the straight, it was evident that her mount was weakening and out of contention. Miss Black continued to strike the horse with the whip on some 21 occasions after straightening. She did cease using the whip just before the post but the Stewards felt that she should have done so closer to the 100 metres.
Miss Black stated that she agreed with the allegation of 21 strikes.
Miss Black stated that she was aware of the guidelines regarding use of the whip. The horse was “holding its position” in terms of those guidelines, she said, but it had “knocked off” about 100 metres out and she accepts that she should have put her whip away at that stage.
Mr Moseley submitted that it was a short straight. Miss Black had made an error of judgement and should have stopped using the whip when other horses went past her, he said.
Mr Zarb said that SEASONED GEM had finished 9th in the 10 horse field.
Submissions for Penalty:
Mr Zarb said that the Stewards were concerned that Miss Black had breached the whip Rule on 15 December 2012 at Southland Racing Club and had been fined $200. He submitted that the fine on this occasion should be doubled having regard to that recent offence. Miss Black appeared not to have learned from that fine. The breach was at the lower end of the scale but the recent breach of the Rule was a concern, Mr Zarb said.
Mr Moseley said that Miss Black should know better but she was relatively inexperienced. She was an Apprentice Jockey and had admitted the breach, Mr Moseley said. Neither was this the worst breach of its kind, he submitted.
Miss Black said that the previous breach at Southland was a case where she had hit the horse with her whip eight times prior to the 200 metres where her mount was not in contention. She further said that the straight at Greymouth is short and she had misjudged it. She had stopped using her whip immediately she realised how close to the winning post she was. She had not ridden the track previously but had walked the track on the morning of the races, Miss Black stated.
Reasons for Penalty:
The Penalty Guide recommends a starting point of a suspension of 2 days or a fine of $500 for a second breach of the Rule. In arriving at penalty, the Committee took into account Miss Black’s very frank admission of the breach and her obvious remorse.
There were other mitigating factors, specifically, that only approximately half of the 21 strikes could be regarded as excessive for the horse being out of contention. The Committee regarded the breach as being at the lower end. The Committee also took into account Miss Black’s status as an Apprentice Jockey.
In giving Miss Black credit for the mitigating factors referred to, the Committee was able to give a discount from the starting point of a $500 fine. In all of the circumstances of the case, the Committee was of the view that a fine of $350 was an appropriate penalty.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 044b628568006ab7b10d9fdad2050cc1
informantnumber: A4914
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/12/2012
hearing_title: Greymouth JC 5 January 2013 - R 4
charge:
Excessive use of the whip
facts:
Following the running of Race 4, Recreation Hotel Rating 65, an information was filed by Stipendiary Steward, Mr M Zarb, against Licensed Apprentice Jockey (Class B), Miss R C Black, alleging that Miss Black, as the rider of SEASONED GEM in the race, “struck her horse in an excessive manner throughout the straight”.
Miss Black was present at the hearing of the information and she indicated that she admitted the breach. She was assisted at the hearing by Licensed Jockey, Mr T R Moseley.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
appealdecision:
isappeal:
submissionsfordecision:
Mr Zarb referred to the video replay and pointed out Miss Black, riding SEASONED GEM, in behind the leader as the field approached the entrance to the home straight, in 2nd or 3rd placing. Mr Zarb said that the Stewards were alleging that, shortly after entering the straight, it was evident that her mount was weakening and out of contention. Miss Black continued to strike the horse with the whip on some 21 occasions after straightening. She did cease using the whip just before the post but the Stewards felt that she should have done so closer to the 100 metres.
Miss Black stated that she agreed with the allegation of 21 strikes.
Miss Black stated that she was aware of the guidelines regarding use of the whip. The horse was “holding its position” in terms of those guidelines, she said, but it had “knocked off” about 100 metres out and she accepts that she should have put her whip away at that stage.
Mr Moseley submitted that it was a short straight. Miss Black had made an error of judgement and should have stopped using the whip when other horses went past her, he said.
Mr Zarb said that SEASONED GEM had finished 9th in the 10 horse field.
reasonsfordecision:
Decision:
Miss Black having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Zarb said that the Stewards were concerned that Miss Black had breached the whip Rule on 15 December 2012 at Southland Racing Club and had been fined $200. He submitted that the fine on this occasion should be doubled having regard to that recent offence. Miss Black appeared not to have learned from that fine. The breach was at the lower end of the scale but the recent breach of the Rule was a concern, Mr Zarb said.
Mr Moseley said that Miss Black should know better but she was relatively inexperienced. She was an Apprentice Jockey and had admitted the breach, Mr Moseley said. Neither was this the worst breach of its kind, he submitted.
Miss Black said that the previous breach at Southland was a case where she had hit the horse with her whip eight times prior to the 200 metres where her mount was not in contention. She further said that the straight at Greymouth is short and she had misjudged it. She had stopped using her whip immediately she realised how close to the winning post she was. She had not ridden the track previously but had walked the track on the morning of the races, Miss Black stated.
reasonsforpenalty:
The Penalty Guide recommends a starting point of a suspension of 2 days or a fine of $500 for a second breach of the Rule. In arriving at penalty, the Committee took into account Miss Black’s very frank admission of the breach and her obvious remorse.
There were other mitigating factors, specifically, that only approximately half of the 21 strikes could be regarded as excessive for the horse being out of contention. The Committee regarded the breach as being at the lower end. The Committee also took into account Miss Black’s status as an Apprentice Jockey.
In giving Miss Black credit for the mitigating factors referred to, the Committee was able to give a discount from the starting point of a $500 fine. In all of the circumstances of the case, the Committee was of the view that a fine of $350 was an appropriate penalty.
penalty:
Miss Black was fined the sum of $350.
The Committee issued a warning to Miss Black that any breach of the Rule in the future will very likely result in a suspension of her Apprentice Jockey’s licence. This Committee wishes this warning to be placed on Miss Black’s record for the benefit of future Stewards panels and Judicial Committees should she appear in the future on a charge of breaching the Rule.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr M Zarb - Stipendiary Steward
JockeysandTrainer: Miss RC Black - Licensed Apprentice Jockey
Otherperson: Mr TR Moseley - Licensed Jockey assisting Miss Black
PersonPresent:
Respondent:
StipendSteward:
raceid: 1369af96bf2a531ca0cfa3845f65d180
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f498730206e93dd3f13aa41d68ce586b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/01/2013
meet_title: Greymouth JC - 5 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: greymouth-jc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Greymouth JC