Archive Decision

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Waikato RC 20 January 2016 – R 1 – Chair, Mr R Seabrook

ID: JCA11248

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr C Dell - Apprentice Jockey

Other Person:
Mr N Harris - Apprentice Jockey Mentor, Mr M Williamson - Stipendiary Steward

Information Number:
A6932

Hearing Type:
Hearing

New Charge:
Excessive Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 20 January 2016

Meet Chair:
RSeabrook

Meet Committee Member 1:
AGodsalve

Race Date:
2016/01/20

Race Number:
Race 1

Decision:

As the breach was admitted we find the charge proved.

Penalty:

 Accordingly, after taking all the above into account, we fine Mr Dell the sum of $250.

Facts:

Following race 1, The Hits 98.6 FM 2100, an Information was filed pursuant to rule 638 (3) (b) (ii).  The informant alleged that Mr C Dell used the whip in an excessive manner prior to the 200 metres when riding IRISH GEM.

The rule reads:  a rider shall not strike a horse with a whip in a manner or to an extent which is excessive.

Mr Williamson demonstrated the video films pointing out IRISH GEM (C Dell) leading the field just after turning for home.  He showed Mr Dell striking his mount ten times prior to the 200 metres.  Mr Williamson conceded that Mr Dell had given his mount respite on two occasions but not for the required six strides under the whip guide lines. 

Mr Dell submitted that he had given respite on two occasions but admitted it was not for the required number.  He believed his actions were only mildly excessive and it was at the lower end.

Submissions for Penalty:

Mr Oatham said Mr Dell had a clear record under this rule for the last 18 months and submitted today's breach was at the low end. 

Mr Dell repeated his earlier statement and added that he had improved his whip record substantially since having problems in the period prior to 18 months ago.

Mr Harris told the committee that Mr Dell often rang him for advice and comments regarding his whip use and said he was pleased to report to the committee that Mr Dell had improved considerably in this regard.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions.  Mitigating factors are Mr Dell's clear record under this rule and his admission of the breach.  As the number of strikes was only ten prior to the 200 metres and that Mr Dell had given respite on two occasions, albeit outside the guidelines, we find the breach to be at the very low end. 

The JCA Penalty Guide provides a starting point of  a fine of $500 or a 2 day suspension for the first breach of this rule.

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: 1871dd596f2889ee3aa8b90533c533f8


informantnumber: A6932


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Whip


plea: admitted


penaltyrequired: 1


decisiondate: 21/01/2016


hearing_title: Waikato RC 20 January 2016 - R 1 - Chair, Mr R Seabrook


charge:


facts:

Following race 1, The Hits 98.6 FM 2100, an Information was filed pursuant to rule 638 (3) (b) (ii).  The informant alleged that Mr C Dell used the whip in an excessive manner prior to the 200 metres when riding IRISH GEM.

The rule reads:  a rider shall not strike a horse with a whip in a manner or to an extent which is excessive.

Mr Williamson demonstrated the video films pointing out IRISH GEM (C Dell) leading the field just after turning for home.  He showed Mr Dell striking his mount ten times prior to the 200 metres.  Mr Williamson conceded that Mr Dell had given his mount respite on two occasions but not for the required six strides under the whip guide lines. 

Mr Dell submitted that he had given respite on two occasions but admitted it was not for the required number.  He believed his actions were only mildly excessive and it was at the lower end.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham said Mr Dell had a clear record under this rule for the last 18 months and submitted today's breach was at the low end. 

Mr Dell repeated his earlier statement and added that he had improved his whip record substantially since having problems in the period prior to 18 months ago.

Mr Harris told the committee that Mr Dell often rang him for advice and comments regarding his whip use and said he was pleased to report to the committee that Mr Dell had improved considerably in this regard.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions.  Mitigating factors are Mr Dell's clear record under this rule and his admission of the breach.  As the number of strikes was only ten prior to the 200 metres and that Mr Dell had given respite on two occasions, albeit outside the guidelines, we find the breach to be at the very low end. 

The JCA Penalty Guide provides a starting point of  a fine of $500 or a 2 day suspension for the first breach of this rule.


penalty:

 Accordingly, after taking all the above into account, we fine Mr Dell the sum of $250.


hearing_type: Hearing


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


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr C Dell - Apprentice Jockey


Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e60b0552a47038e9783354b75c1c0bda


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


race_expappcomment:


race_km:


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race_chair:


race_pm1:


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meetid: 0a260d60517e252fd306f9dc74621efd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/01/2016


meet_title: Waikato RC - 20 January 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: AGodsalve


meet_pm2: none


name: Waikato RC