Ashburton RC 7 April 2021 – R 3 – Chair, Mr S Ching
ID: JCA10773
Code:
Thoroughbred
Meet Title:
Ashburton RC - 7 April 2021
Meet Chair:
SChing
Race Date:
2021/04/07
Race Number:
R3
Decision:
Miss Jonker having admitted the breach; the charge was found proved.
Penalty:
Miss Jonker is fined the sum of $300.
Facts:
Following the running of Race 3, the Ashburton Raceway-Your Gateway To Entertainment Maiden 1400, an Information was filed by Stipendiary Steward, Mr M Davidson, against Jockey (Class A), Miss T Jonker, alleging that, as the rider of IL SONETTO in the race, she used her whip excessively prior to the 100m.
Miss Jonker was present at the hearing of the Information and had endorsed the Information that the breach was admitted. She also confirmed that she understood the provisions of the Rule she was being charged with.
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:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Miss Jonker riding IL SONETTO, positioned midfield and on the rail as the field entered the home straight. He said that inside the 400m, Miss Jonker drew the whip and used it on 8 occasions, prior to the 100m.
Miss Jonker did not dispute the number of strikes contended by Mr Davidson.
Submissions for Penalty:
Mr Davidson told the Committee that Miss Jonker had a clear record in regard to this Rule. He stated that the JCA Penalty Guide provides a starting point of a $300 fine for a first offence and stated that there were no aggravating factors to consider. Mr Davidson submitted that a $300 fine be considered as penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first offence of this Rule. We determined that there were no aggravating factors to consider therefore no uplift in penalty warranted.
The Committee therefore determined that a $300 fine was an appropriate penalty in this case.
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: 132a70dad0afb1456a189300fed5640b
informantnumber: A11788
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 10/04/2021
hearing_title: Ashburton RC 7 April 2021 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the Ashburton Raceway-Your Gateway To Entertainment Maiden 1400, an Information was filed by Stipendiary Steward, Mr M Davidson, against Jockey (Class A), Miss T Jonker, alleging that, as the rider of IL SONETTO in the race, she used her whip excessively prior to the 100m.
Miss Jonker was present at the hearing of the Information and had endorsed the Information that the breach was admitted. She also confirmed that she understood the provisions of the Rule she was being charged with.
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:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Miss Jonker riding IL SONETTO, positioned midfield and on the rail as the field entered the home straight. He said that inside the 400m, Miss Jonker drew the whip and used it on 8 occasions, prior to the 100m.
Miss Jonker did not dispute the number of strikes contended by Mr Davidson.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Jonker having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Miss Jonker had a clear record in regard to this Rule. He stated that the JCA Penalty Guide provides a starting point of a $300 fine for a first offence and stated that there were no aggravating factors to consider. Mr Davidson submitted that a $300 fine be considered as penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first offence of this Rule. We determined that there were no aggravating factors to consider therefore no uplift in penalty warranted.
The Committee therefore determined that a $300 fine was an appropriate penalty in this case.
penalty:
Miss Jonker is fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Miss T Jonker - Class A Rider
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1bb8ccd18e0dd6a49587a5078372d4db
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 78712b9becbd19fe8805a15486b017b8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/04/2021
meet_title: Ashburton RC - 7 April 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Ashburton RC