Counties RC 8 April 2018 – R 2 – Chair, Mr A Smith
ID: JCA11366
Code:
Thoroughbred
Meet Title:
Counties RC - 8 April 2018
Meet Chair:
ASmith
Meet Committee Member 1:
ADooley
Race Date:
2018/04/08
Race Number:
R 2
Decision:
As Mr Harris admitted the breach, the Committee found the charge proved.
Penalty:
Mr Harris was fined $300.
Facts:
Following the running of race 2, Ssangyong 2100, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged excessive use of the whip by Mr Harris on the horse SEVEN FALLS prior to the 100 metres.
Mr Harris acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(3)(b)(ii) 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” provides:
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 Jones demonstrated the incident using the available video footage. He identified Mr Harris and showed that prior to the 100 metres Mr Harris struck his mount 10 times, without the required respite. Mr Jones said Mr Harris did show some respite for 3 strides but not the required 5 strides as per the guidelines.
Mr Harris stated that it was a straight forward breach and he had a mind blank.
Submissions for Penalty:
Mr Williamson said that Mr Harris had no previous breach of the rule since the introduction of the new guidelines on the 1st of August 2017. He submitted that it was a low level breach and that the whip was used in a back handed manner.
Mr Harris said that he was not a big stick rider and that his record was pretty good.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this Rule is a $300 fine with the expectation that no reduction in penalty is applied unless the mitigating matters are exceptional.
There were no aggravating factors.
The mitigating factors were the admission of the breach and Mr Harris' good record along with the severity of the strikes being assessed at a low level.
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: 1a13c2d0826ac1b2fcd910ddf17969ea
informantnumber: A10377
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip prior to the 100m
plea: admitted
penaltyrequired: 1
decisiondate: 09/04/2018
hearing_title: Counties RC 8 April 2018 - R 2 - Chair, Mr A Smith
charge:
facts:
Following the running of race 2, Ssangyong 2100, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged excessive use of the whip by Mr Harris on the horse SEVEN FALLS prior to the 100 metres.
Mr Harris acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(3)(b)(ii) 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” provides:
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 Jones demonstrated the incident using the available video footage. He identified Mr Harris and showed that prior to the 100 metres Mr Harris struck his mount 10 times, without the required respite. Mr Jones said Mr Harris did show some respite for 3 strides but not the required 5 strides as per the guidelines.
Mr Harris stated that it was a straight forward breach and he had a mind blank.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Harris admitted the breach, the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Harris had no previous breach of the rule since the introduction of the new guidelines on the 1st of August 2017. He submitted that it was a low level breach and that the whip was used in a back handed manner.
Mr Harris said that he was not a big stick rider and that his record was pretty good.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The starting point for a 1st breach of this Rule is a $300 fine with the expectation that no reduction in penalty is applied unless the mitigating matters are exceptional.
There were no aggravating factors.
The mitigating factors were the admission of the breach and Mr Harris' good record along with the severity of the strikes being assessed at a low level.
penalty:
Mr Harris was fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr T Harris - Class A Rider
Otherperson: Mr B Jones - Stipendiary Steward, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6e012bd05e98e446a4b6b557b48c9e62
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 08953aa68478e8f72be36ab5cb295079
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/04/2018
meet_title: Counties RC - 8 April 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ASmith
meet_pm1: ADooley
meet_pm2: none
name: Counties RC