Wanganui JC 21 September 2017 – R 5 – Chair, Mr P Williams
ID: JCA11212
Code:
Thoroughbred
Meet Title:
Wanganui JC - 21 September 2017
Meet Chair:
PWilliams
Meet Committee Member 1:
NMcCutcheon
Race Date:
2017/09/21
Race Number:
R5
Decision:
Penalty:
Facts:
Following the running of race 5, the “Bold One at Grangewilliam Stud Maiden 1340”, Information A9206 was filed by Stipendiary Steward, Mr D Balcombe under Rule 638(3)(b)(ii). The Information stated “that T Johnson used his whip on excessively prior to the 100m on “Valentia””. Mr Johnson, who was assisted by senior jockey, Mr J Parkes, signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged. He also confirmed that he was aware of the new Guidelines regarding acceptable use of the whip effective from 1 August 2017.
Rule 638(3)(b) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive.
The “Guidelines With Respect to Acceptable Use of the Whip” provide:
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.
Stipendiary Steward, Mr Balcombe showed the side-on view of the race from the top of the straight identified Mr Johnson on “Valentia” racing in about 4th place immediately behind the leaders. He said the Stewards had no issues with Mr Johnson’s use of the whip from the 600m to the top of the straight. He said, however from the 350m to the 100m Mr Johnson struck his horse 16 times with one pause for only 3 strides which was clearly outside the new guidelines quoted above. He then showed the side-on film from the top of the straight and highlighted the strikes made by Mr Johnson.
Neither Mr Johnson or Mr Parkes disagreed with Mr Balcombe’s’ interpretation of the films.
Submissions for Penalty:
Mr Balcombe said Mr Johnson had breached the Rule on 5 August 2017 at Riccarton where he was fined $250. He said as this was Mr Johnson’s second breach of the Rule since the new use of whip guidelines came into force on 1 August 2017 and it was the submission of the Stewards that on this occasion a fine was an appropriate penalty. He did not, however, submit how much it should be.
Mr Parkes asked the Committee to note that in his view the strikes were not severe.
Reasons for Penalty:
The Committee has reviewed the film of the race from the top of the straight to the 100m mark and considered the submissions made. The Committee notes Mr Johnson struck his horse at least 16 times with only 1 pause for about 3 strides and has therefore clearly used his whip in an excessive manner and also breached the new “Use of Whip Guidelines”. The Committee notes the JCA Penalty Guide states the starting point for a second breach of the Rule within a 12 month period is a fine of $500.
The Committee believes the total number of strikes means the severity of the breach is in the mid to high range and there are no mitigating factors to justify a penalty lower than the $500 detailed in the JCA Penalty Guide. For completeness, the Committee also notes Mr Johnson finished in 2nd position.
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: 19b737fcd9f3fac99b669bc00de22cff
informantnumber: A9206
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 21/09/2017
hearing_title: Wanganui JC 21 September 2017 - R 5 - Chair, Mr P Williams
charge:
facts:
Following the running of race 5, the “Bold One at Grangewilliam Stud Maiden 1340”, Information A9206 was filed by Stipendiary Steward, Mr D Balcombe under Rule 638(3)(b)(ii). The Information stated “that T Johnson used his whip on excessively prior to the 100m on “Valentia””. Mr Johnson, who was assisted by senior jockey, Mr J Parkes, signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged. He also confirmed that he was aware of the new Guidelines regarding acceptable use of the whip effective from 1 August 2017.
Rule 638(3)(b) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive.
The “Guidelines With Respect to Acceptable Use of the Whip” provide:
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.
Stipendiary Steward, Mr Balcombe showed the side-on view of the race from the top of the straight identified Mr Johnson on “Valentia” racing in about 4th place immediately behind the leaders. He said the Stewards had no issues with Mr Johnson’s use of the whip from the 600m to the top of the straight. He said, however from the 350m to the 100m Mr Johnson struck his horse 16 times with one pause for only 3 strides which was clearly outside the new guidelines quoted above. He then showed the side-on film from the top of the straight and highlighted the strikes made by Mr Johnson.
Neither Mr Johnson or Mr Parkes disagreed with Mr Balcombe’s’ interpretation of the films.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Balcombe said Mr Johnson had breached the Rule on 5 August 2017 at Riccarton where he was fined $250. He said as this was Mr Johnson’s second breach of the Rule since the new use of whip guidelines came into force on 1 August 2017 and it was the submission of the Stewards that on this occasion a fine was an appropriate penalty. He did not, however, submit how much it should be.
Mr Parkes asked the Committee to note that in his view the strikes were not severe.
reasonsforpenalty:
The Committee has reviewed the film of the race from the top of the straight to the 100m mark and considered the submissions made. The Committee notes Mr Johnson struck his horse at least 16 times with only 1 pause for about 3 strides and has therefore clearly used his whip in an excessive manner and also breached the new “Use of Whip Guidelines”. The Committee notes the JCA Penalty Guide states the starting point for a second breach of the Rule within a 12 month period is a fine of $500.
The Committee believes the total number of strikes means the severity of the breach is in the mid to high range and there are no mitigating factors to justify a penalty lower than the $500 detailed in the JCA Penalty Guide. For completeness, the Committee also notes Mr Johnson finished in 2nd position.
penalty:
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr D Balcombe - Stipendiary Steward
JockeysandTrainer: Mr T Johnson - Apprentice Jockey
Otherperson: Mr N Goodwin - Stipendiary Steward, Mr J Parkes - Licensed Jockey assisting Mr Johnson
PersonPresent:
Respondent:
StipendSteward:
raceid: 2ae9ef094661f19f7e2811a521e4a64d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 66bd78d4a83d7f8b8b6d5810908e107b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/09/2017
meet_title: Wanganui JC - 21 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wanganui-jc
meet_racingtype: thoroughbred-racing
meet_chair: PWilliams
meet_pm1: NMcCutcheon
meet_pm2: none
name: Wanganui JC