Sth Canterbury RC 28 December 2017 – R 7 – Chair, Mr D Anderson
ID: JCA10801
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 28 December 2017
Meet Chair:
DAnderson
Meet Committee Member 1:
SChing
Race Date:
2017/12/28
Race Number:
R 7
Decision:
As Mr Lowry had admitted the charge, it was deemed to be proved.
Penalty:
Accordingly, Mr Lowry’s licence is suspended from the conclusion of racing on 3 January 2018 up to and including racing on 11 January 2018.
Facts:
Following the running of Race 7, the The Craigmore Timaru Cup Handicap, an Information was filed by Stipendiary Steward, Mr J McLaughlin against Apprentice Jockey, Mr J Lowry, alleging a breach of Rule 638(3)(b) (ii) “in that he used his whip excessively on his mount TOMMY TUCKER prior to the 100 metres”.
Rule 638(3)(b)(ii) reads 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
Mr Lowry had indicated on the Information that the charge was admitted which he confirmed at the hearing. Mr Lowry also confirmed he understood the rule he was being charged with. Mr Lowry was assisted at the hearing by Mr Walsh, the Apprentice Jockey Mentor.
Mr Davidson used the race video to identify Mr Lowry riding TOMMY TUCKER in the home straight, use his whip 12 times with only one pause, where he pushed for three strides, prior to the 100-metre mark.
Mr Lowry agreed with Mr Davidson's assessment and added that it was a big race, and he was under a bit of pressure, but that was no excuse for his actions.
Mr Walsh said that Mr Lowry had got carried away with the moment and there were no excuses.
Submissions for Penalty:
Mr McLaughlin stated that Mr Lowry has had two breaches of the rule since August. He was fined $250 on the 5 August and $500 on 1 September and said that this breach required a suspension. He stated that the JCA Penalty Guide indicated a suspension of between 6 to 8 national days and would leave it to the committee to decide. He said the Stewards saw this breach as mid-range.
Mr Lowry submitted that a seven-day suspension was reasonable and in the middle of the guidelines. He said he had to obviously work on his whip use.
The Committee discussed deferment with Mr Lowry and he asked if he could start any suspension after January 3 as he had confirmed rides at the Omakau meeting.
Reasons for Penalty:
In determining penalty, the Committee has taken the JCA Penalty Guide starting point of a 6 to 8 national riding day suspension for a third or subsequent breach of this rule.
We have adopted a seven-day starting point as we agree the breach is mid-range.
There are no aggravating factors to consider therefore no up lift of the starting point is required.
However, the mitigating factor is Mr Lowry’s admittance of the breach for which we afford him a discount set at one day.
We therefore determine that a six-day suspension is an appropriate penalty.
Mr Lowry’s request for deferment until after January 3 is granted.
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: 14203eb65456a5bd70a46db0100a331d
informantnumber: A8128
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/12/2017
hearing_title: Sth Canterbury RC 28 December 2017 - R 7 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 7, the The Craigmore Timaru Cup Handicap, an Information was filed by Stipendiary Steward, Mr J McLaughlin against Apprentice Jockey, Mr J Lowry, alleging a breach of Rule 638(3)(b) (ii) “in that he used his whip excessively on his mount TOMMY TUCKER prior to the 100 metres”.
Rule 638(3)(b)(ii) reads 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
Mr Lowry had indicated on the Information that the charge was admitted which he confirmed at the hearing. Mr Lowry also confirmed he understood the rule he was being charged with. Mr Lowry was assisted at the hearing by Mr Walsh, the Apprentice Jockey Mentor.
Mr Davidson used the race video to identify Mr Lowry riding TOMMY TUCKER in the home straight, use his whip 12 times with only one pause, where he pushed for three strides, prior to the 100-metre mark.
Mr Lowry agreed with Mr Davidson's assessment and added that it was a big race, and he was under a bit of pressure, but that was no excuse for his actions.
Mr Walsh said that Mr Lowry had got carried away with the moment and there were no excuses.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Lowry had admitted the charge, it was deemed to be proved.
sumissionsforpenalty:
Mr McLaughlin stated that Mr Lowry has had two breaches of the rule since August. He was fined $250 on the 5 August and $500 on 1 September and said that this breach required a suspension. He stated that the JCA Penalty Guide indicated a suspension of between 6 to 8 national days and would leave it to the committee to decide. He said the Stewards saw this breach as mid-range.
Mr Lowry submitted that a seven-day suspension was reasonable and in the middle of the guidelines. He said he had to obviously work on his whip use.
The Committee discussed deferment with Mr Lowry and he asked if he could start any suspension after January 3 as he had confirmed rides at the Omakau meeting.
reasonsforpenalty:
In determining penalty, the Committee has taken the JCA Penalty Guide starting point of a 6 to 8 national riding day suspension for a third or subsequent breach of this rule.
We have adopted a seven-day starting point as we agree the breach is mid-range.
There are no aggravating factors to consider therefore no up lift of the starting point is required.
However, the mitigating factor is Mr Lowry’s admittance of the breach for which we afford him a discount set at one day.
We therefore determine that a six-day suspension is an appropriate penalty.
Mr Lowry’s request for deferment until after January 3 is granted.
penalty:
Accordingly, Mr Lowry’s licence is suspended from the conclusion of racing on 3 January 2018 up to and including racing on 11 January 2018.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr J Lowry - Apprentice Jockey
Otherperson: Mr D Walsh - Apprentice Jockey Mentor assisting Mr Lowry, Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b93124705330a42ca42d0d88a6515564
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: daa81e098bcea78e17b90ba60e0bbf03
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2017
meet_title: South Canterbury RC - 28 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: DAnderson
meet_pm1: SChing
meet_pm2: none
name: South Canterbury RC