Archive Decision

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Marton JC 28 February 2013 – R 4

ID: JCA11382

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Mr T Russell - Licensed Rider

Other Person:
Mr N Goodwin - Stipendiary Steward

Information Number:
A3122

Hearing Type:
Hearing

Rules:
Rule 638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Marton JC - 28 February 2013

Meet Chair:
NMoffatt

Meet Committee Member 1:
TUtikere

Race Date:
2013/02/28

Race Number:
Race 4

Decision:

As the charge was admitted the charge was found to be proved.

Penalty:

Accordingly Mr Russell is fined the sum of $150.

Charge:

Following Race 4, an Information was lodged by the Stewards alleging a breach of Rule 638(3) (b) in that Mr Russell used his whip in an excessive manner prior to the 200 metre mark.

Facts:

Mr Goodwin showed Mr Russell (GREY GURU) racing one in from the outside as he straightened up after the home turn. From that point Mr Russell used his whip approximately 13 times prior to the 200m without respite which is clearly outside the accepted guidelines. He went on to finish in third placing.

Submissions for Penalty:

Mr Goodwin said Mr Russell had been back riding 18 months after a long break away and this was his first charge in that time. The committee advised Mr Goodwin and Mr Russell that the penalty guide for Judicial Committees recommends a $300 fine for the first offence under Rule 638(3) (b). Mr Goodwin said that all recent breaches he was aware of had incurred fines in the vicinity of $150 - $200.

Mr Russell said he was well aware of the guidelines pertaining to use of the whip and told the committee that while it looked on the film as if he had hit his horse 13 times he had in fact only being making contact for half of that time. Mr Russell admitted making an error in not putting his hands back on the reins for six strides agreeing with the Stewards that the perception that he was striking his horse was what mattered.

Reasons for Penalty:

The guidelines for whip use in New Zealand are well recognised and understood by riders. Prior to the 200 meters they are only permitted to use the whip for six strides and then they must ride hands and heels for six strides. Mr Russell appeared to hit his mount 12 – 13 times although he did say that for some of those he was not making any contact with the horse. The public could not be expected to know if and when there was contact if the rider continues to use the drawn whip as Mr Russell clearly did. We do however place Mr Russell’s breach towards the low end. He was contrite and readily acknowledged his mistake. The penalty guide is only a guide and after considering all submissions, in particular other breaches within the last few months, we imposed a fine of $150.

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: 25963c37ef647dc4c9d9904c30ac3ed0


informantnumber: A3122


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 19/02/2013


hearing_title: Marton JC 28 February 2013 - R 4


charge:

Following Race 4, an Information was lodged by the Stewards alleging a breach of Rule 638(3) (b) in that Mr Russell used his whip in an excessive manner prior to the 200 metre mark.


facts:

Mr Goodwin showed Mr Russell (GREY GURU) racing one in from the outside as he straightened up after the home turn. From that point Mr Russell used his whip approximately 13 times prior to the 200m without respite which is clearly outside the accepted guidelines. He went on to finish in third placing.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted the charge was found to be proved.


sumissionsforpenalty:

Mr Goodwin said Mr Russell had been back riding 18 months after a long break away and this was his first charge in that time. The committee advised Mr Goodwin and Mr Russell that the penalty guide for Judicial Committees recommends a $300 fine for the first offence under Rule 638(3) (b). Mr Goodwin said that all recent breaches he was aware of had incurred fines in the vicinity of $150 - $200.

Mr Russell said he was well aware of the guidelines pertaining to use of the whip and told the committee that while it looked on the film as if he had hit his horse 13 times he had in fact only being making contact for half of that time. Mr Russell admitted making an error in not putting his hands back on the reins for six strides agreeing with the Stewards that the perception that he was striking his horse was what mattered.


reasonsforpenalty:

The guidelines for whip use in New Zealand are well recognised and understood by riders. Prior to the 200 meters they are only permitted to use the whip for six strides and then they must ride hands and heels for six strides. Mr Russell appeared to hit his mount 12 – 13 times although he did say that for some of those he was not making any contact with the horse. The public could not be expected to know if and when there was contact if the rider continues to use the drawn whip as Mr Russell clearly did. We do however place Mr Russell’s breach towards the low end. He was contrite and readily acknowledged his mistake. The penalty guide is only a guide and after considering all submissions, in particular other breaches within the last few months, we imposed a fine of $150.


penalty:

Accordingly Mr Russell is fined the sum of $150.


hearing_type: Hearing


Rules: Rule 638(3)(b)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Mr T Russell - Licensed Rider


Otherperson: Mr N Goodwin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e6618d02162c4c0585f7228c5114c3ad


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 4


submittochair: submitted


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c1c3e2255dadd01acf2d369e721463d1


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/02/2013


meet_title: Marton JC - 28 February 2013


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "TUtikere", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]


meet_otherexp:


tracklocation: marton-jc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TUtikere


meet_pm2: none


name: Marton JC