Ashburton RC 4 July 2018 – R 7 – Chair, Mr S Ching
ID: JCA11216
Code:
Thoroughbred
Meet Title:
Ashburton RC - 4 July 2018
Meet Chair:
SChing
Race Date:
2018/07/04
Race Number:
R7
Decision:
Mr Murray having admitted the breach; the charge was found proved.
Penalty:
Mr Murray is suspended from the conclusion of racing 4 July up to and including 2 August 2018.
Of note, the meetings at Wanganui 5 July, Te Aroha on 6 July and Marton/Waikato 7 July, were not relevant to the penalty imposed, as riders for these meetings were already declared.
Facts:
Following the running of Race 7, the RD Petroleum Ashburton Winter Cup Trial Cup, an information was filed by Stipendiary Steward, Mr D Wadley, against Licensed Apprentice Jockey (Class B), Mr B Murray, alleging that, as the rider of FLYING SARDINE in the race, “used his whip in an excessive manner prior to the 100m.”
Mr Murray was present at the hearing of the information and was assisted by NZTR Apprentice Jockey Mentor, Mr D Walsh. Mr Murray had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he 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 Wadley, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and showed video replays of the final 300-400 metres of the race. He pointed out Mr Murray riding FLYING SARDINE, racing towards the outside of the track and improving. He said that Mr Murray drew the whip inside the 400m and used it on 5 occasions, followed by respite of 4 strides. He again used the whip on 5 occasions followed by respite of only 4 strides. Shortly afterwards Mr Murray drew the whip again and used it on 8 occasions just prior to the 100m. Mr Murray had failed to cease for the minimum 5 strides after 5 strikes of the whip as required under the Whip Guidelines. Mr Murray had used the whip continuously on 8 occasions prior to the 100m which was also outside the Whip Guidelines. Mr Wadley submitted that the breach was mid to high level.
Mr Murray stated he thought that he was riding to the Whip Guidelines but conceded the video showed differently. He said that FLYING SARDINE is a smaller horse and had got carried away with the moment. Mr Walsh said that between the 200 and 100m, he could appreciate how Mr Murray continued on with the whip. He said FLYING SARDINE is a very small horse and Mr Murray’s whip was in perfect time with the horse and after responding to the first 4 strikes, Mr Murray had just got carried away using the whip.
Submissions for Penalty:
Mr Wadley told the Committee that Mr Murray had a poor record that showed 5 previous breaches of this rule since March this year being a $300 fine at Wyndham on 11 March, $600 fine at Ashburton, 26 March, a 6 National day suspension at the Beaumont meeting at Otago, an 11-day suspension at Riccarton on 21 April and a 10-day suspension at Ashburton on 11 May. Mr Wadley stated that the JCA Penalty Guide provided a 6 to 8 National day suspension for a 3rd and subsequent breach of this rule within a 12-month period. He stated that the breach was mid to high-level and submitted that he would leave it up to the Committee to determine an appropriate penalty.
Mr Walsh, on behalf of Mr Murray, stated that any suspension was tough on jockeys, especially so at this time of the year, being Winter, and requested that consideration be given for that.
Deferment was not discussed as there were no relevant meetings to consider over the next seven days.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a 6 to 8 National day suspension, mitigation inclusive, for a 3rd or subsequent breach of this rule. We determined that the breach was at a mid-level and therefore adopted a 7-day starting point. The major aggravating factor was Mr Murray’s record which showed 5 breaches of this rule since March 11 this year. This factor we determined warranted a substantive uplift in penalty which we set at 6 National days. The Committee therefore determined that a 13 National Day suspension 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: 11a3bb34668c3ce760738a1b2e83f2da
informantnumber: A8176
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/07/2018
hearing_title: Ashburton RC 4 July 2018 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the RD Petroleum Ashburton Winter Cup Trial Cup, an information was filed by Stipendiary Steward, Mr D Wadley, against Licensed Apprentice Jockey (Class B), Mr B Murray, alleging that, as the rider of FLYING SARDINE in the race, “used his whip in an excessive manner prior to the 100m.”
Mr Murray was present at the hearing of the information and was assisted by NZTR Apprentice Jockey Mentor, Mr D Walsh. Mr Murray had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he 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 Wadley, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and showed video replays of the final 300-400 metres of the race. He pointed out Mr Murray riding FLYING SARDINE, racing towards the outside of the track and improving. He said that Mr Murray drew the whip inside the 400m and used it on 5 occasions, followed by respite of 4 strides. He again used the whip on 5 occasions followed by respite of only 4 strides. Shortly afterwards Mr Murray drew the whip again and used it on 8 occasions just prior to the 100m. Mr Murray had failed to cease for the minimum 5 strides after 5 strikes of the whip as required under the Whip Guidelines. Mr Murray had used the whip continuously on 8 occasions prior to the 100m which was also outside the Whip Guidelines. Mr Wadley submitted that the breach was mid to high level.
Mr Murray stated he thought that he was riding to the Whip Guidelines but conceded the video showed differently. He said that FLYING SARDINE is a smaller horse and had got carried away with the moment. Mr Walsh said that between the 200 and 100m, he could appreciate how Mr Murray continued on with the whip. He said FLYING SARDINE is a very small horse and Mr Murray’s whip was in perfect time with the horse and after responding to the first 4 strikes, Mr Murray had just got carried away using the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Murray having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Wadley told the Committee that Mr Murray had a poor record that showed 5 previous breaches of this rule since March this year being a $300 fine at Wyndham on 11 March, $600 fine at Ashburton, 26 March, a 6 National day suspension at the Beaumont meeting at Otago, an 11-day suspension at Riccarton on 21 April and a 10-day suspension at Ashburton on 11 May. Mr Wadley stated that the JCA Penalty Guide provided a 6 to 8 National day suspension for a 3rd and subsequent breach of this rule within a 12-month period. He stated that the breach was mid to high-level and submitted that he would leave it up to the Committee to determine an appropriate penalty.
Mr Walsh, on behalf of Mr Murray, stated that any suspension was tough on jockeys, especially so at this time of the year, being Winter, and requested that consideration be given for that.
Deferment was not discussed as there were no relevant meetings to consider over the next seven days.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a 6 to 8 National day suspension, mitigation inclusive, for a 3rd or subsequent breach of this rule. We determined that the breach was at a mid-level and therefore adopted a 7-day starting point. The major aggravating factor was Mr Murray’s record which showed 5 breaches of this rule since March 11 this year. This factor we determined warranted a substantive uplift in penalty which we set at 6 National days. The Committee therefore determined that a 13 National Day suspension was an appropriate penalty.
penalty:
Mr Murray is suspended from the conclusion of racing 4 July up to and including 2 August 2018.
Of note, the meetings at Wanganui 5 July, Te Aroha on 6 July and Marton/Waikato 7 July, were not relevant to the penalty imposed, as riders for these meetings were already declared.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: D Wadley, Stipendiary Steward
JockeysandTrainer: B Murray-Licensed Apprentice Jockey (Class B)
Otherperson: D Walsh - Apprentice Jockey Mentor, Mr J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6a54dd1e67c2b6e4412de869e737becd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c71d6d91f98ce1bc9283bf0189e3b909
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meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/07/2018
meet_title: Ashburton RC - 4 July 2018
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