Archive Decision

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Canterbury R 14 November 2018 – R 3 – Chair, Mr D Jackson

ID: JCA11070

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Ms T Jonker - Apprentice Jockey

Other Person:
Mr D Walsh - assisting Miss Jonker, Mr J M McLaughlin - Stipendiary Steward

Information Number:
A10098

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 14 November 2018

Meet Chair:
DJackson

Meet Committee Member 1:
SChing

Race Date:
2018/11/14

Race Number:
R 3

Decision:

As the breach was admitted it was found proved.

Penalty:

Ms Jonker is fined $300.00 for her breach on this occasion.

Facts:

Following the running of Race 3, the Bidfood Butchery Premier, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Apprentice Jockey, T Jonker, alleging that Ms Jonker, as the rider of PRODUCER in the race, “used her whip excessively prior to the 100 metres”.

Ms Jonker had endorsed the information that the breach was admitted which she confirmed at the hearing. She also confirmed that she understood 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:

Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr Oatham, with the assistance of Stipendiary Steward, Mr J McLaughlin, showed video replays of the final 400 metres of the race. He pointed out Ms Jonker riding PRODUCER, who used the whip and struck PRODUCER on 9 or so occasions with only two breaks in her action by way of respite (neither of which were the required five strides of respite), prior to the 100m.

Submissions for Penalty:

Mr Oatham submitted that this breach was at the lower end of the scale and that Ms Jonker’s action whilst exaggerated to the eye is not powerful, such that the strikes are not as hard as they might appear. He submitted that Ms Jonker be dealt with in accordance with the JCA Penalty Guidelines by way of a $300 fine.

Mr Walsh and Ms Jonker accepted Mr Oatham’s submissions and the proposed penalty. Mr Walsh confirmed that he would school Ms Jonker on her whip action and how to ensure momentum is not lost during the required respite.

Reasons for Penalty:

Ms Jonker having admitted the breach; the charge was found proved. The Committee accepts that this was a low end breach of the Rule and that a fine is appropriate.

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: 153aa214b0f4a867ba3f21111303c18e


informantnumber: A10098


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 19/11/2018


hearing_title: Canterbury R 14 November 2018 - R 3 - Chair, Mr D Jackson


charge:


facts:

Following the running of Race 3, the Bidfood Butchery Premier, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Apprentice Jockey, T Jonker, alleging that Ms Jonker, as the rider of PRODUCER in the race, “used her whip excessively prior to the 100 metres”.

Ms Jonker had endorsed the information that the breach was admitted which she confirmed at the hearing. She also confirmed that she understood 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:

Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr Oatham, with the assistance of Stipendiary Steward, Mr J McLaughlin, showed video replays of the final 400 metres of the race. He pointed out Ms Jonker riding PRODUCER, who used the whip and struck PRODUCER on 9 or so occasions with only two breaks in her action by way of respite (neither of which were the required five strides of respite), prior to the 100m.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted it was found proved.


sumissionsforpenalty:

Mr Oatham submitted that this breach was at the lower end of the scale and that Ms Jonker’s action whilst exaggerated to the eye is not powerful, such that the strikes are not as hard as they might appear. He submitted that Ms Jonker be dealt with in accordance with the JCA Penalty Guidelines by way of a $300 fine.

Mr Walsh and Ms Jonker accepted Mr Oatham’s submissions and the proposed penalty. Mr Walsh confirmed that he would school Ms Jonker on her whip action and how to ensure momentum is not lost during the required respite.


reasonsforpenalty:

Ms Jonker having admitted the breach; the charge was found proved. The Committee accepts that this was a low end breach of the Rule and that a fine is appropriate.


penalty:

Ms Jonker is fined $300.00 for her breach on this occasion.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Ms T Jonker - Apprentice Jockey


Otherperson: Mr D Walsh - assisting Miss Jonker, Mr J M McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 94c86b6b9250f11e2792d6b3b30b1d36


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a0e59c99c417509d595482724b2dcd21


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/11/2018


meet_title: Canterbury Racing - 14 November 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: DJackson


meet_pm1: SChing


meet_pm2: none


name: Canterbury Racing