Whakatane RC 29 January 2018 – R 8 – Chair, Mr G Jones
ID: JCA11404
Code:
Thoroughbred
Meet Title:
Whakatane RC - 29 January 2018
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2018/01/29
Race Number:
R8
Decision:
As Mr Prastiyou admitted the breach the charge is proved.
Penalty:
Accordingly, Mr Prastiyou is fined the sum of $300.
Facts:
Following the running of race 8, the New World Whakatane 2100, an Information was filed pursuant to Rule 638(3)(b)(ii) alleging that rider Mr D Prastiyou used his whip in an excessive manner prior to the 100 metres when riding DEEJAY MAC.
Mr Prastiyou acknowledged that he understood the nature of the charge and the relevant Rule. He confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides that 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.
Using available video footage to demonstrate the breach, Chief Stipendiary Steward Mr J Oatham advised the Committee that Mr Prastiyou used his whip at least 10 times prior to the final 100 metres. He said Mr Prastiyou struck his mount 8 times, paused for 4 strides and then struck his mount a further 2 times.
Mr Jones added that although the number of strikes were outside the guidelines they were not excessively forceful.
Mr Prastiyou advised the Committee he agreed with the Stewards' summary and had nothing further to add.
Submissions for Penalty:
Mr Jones produced Mr Prastiyou's record which showed no previous breaches of this Rule since the new guidelines came into effect on 1 August 2017. He said this particular breach was low range and the force of the strikes were not excessive. Mr Jones submitted that as this was Mr Prastiyou’s first breach, a fine of $300, consistent with the JCA penalty guidelines would be appropriate.
Mr Prastiyou offered no submissions as to penalty.
Reasons for Penalty:
In determining penalty, the Committee considered all the evidence and submissions presented. The mitigating factors are Mr Prastiyou’s admission of the breach and his clear record under this Rule. We assess the number of strikes (10) as mid – range, but agree that the force used was not excessive. There are no aggravating factors.
The JCA Guidelines establish the starting point for (first, second, or third) breach of Rule 638(3) (b) (ii) - as:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension
After taking into account all the above factors the Committee finds there are no compelling reasons to deviate from the penalty guidelines for a 1st breach.
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: 1e7036019cd01d75275dbcda010e38d9
informantnumber: A7337
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/01/2018
hearing_title: Whakatane RC 29 January 2018 – R 8 - Chair, Mr G Jones
charge:
facts:
Following the running of race 8, the New World Whakatane 2100, an Information was filed pursuant to Rule 638(3)(b)(ii) alleging that rider Mr D Prastiyou used his whip in an excessive manner prior to the 100 metres when riding DEEJAY MAC.
Mr Prastiyou acknowledged that he understood the nature of the charge and the relevant Rule. He confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides that 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.
Using available video footage to demonstrate the breach, Chief Stipendiary Steward Mr J Oatham advised the Committee that Mr Prastiyou used his whip at least 10 times prior to the final 100 metres. He said Mr Prastiyou struck his mount 8 times, paused for 4 strides and then struck his mount a further 2 times.
Mr Jones added that although the number of strikes were outside the guidelines they were not excessively forceful.
Mr Prastiyou advised the Committee he agreed with the Stewards' summary and had nothing further to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Prastiyou admitted the breach the charge is proved.
sumissionsforpenalty:
Mr Jones produced Mr Prastiyou's record which showed no previous breaches of this Rule since the new guidelines came into effect on 1 August 2017. He said this particular breach was low range and the force of the strikes were not excessive. Mr Jones submitted that as this was Mr Prastiyou’s first breach, a fine of $300, consistent with the JCA penalty guidelines would be appropriate.
Mr Prastiyou offered no submissions as to penalty.
reasonsforpenalty:
In determining penalty, the Committee considered all the evidence and submissions presented. The mitigating factors are Mr Prastiyou’s admission of the breach and his clear record under this Rule. We assess the number of strikes (10) as mid – range, but agree that the force used was not excessive. There are no aggravating factors.
The JCA Guidelines establish the starting point for (first, second, or third) breach of Rule 638(3) (b) (ii) - as:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension
After taking into account all the above factors the Committee finds there are no compelling reasons to deviate from the penalty guidelines for a 1st breach.
penalty:
Accordingly, Mr Prastiyou is fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr D Prastiyou - Rider of DEEJAY MAC
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 055e71d33cf5a015ab0ebf2f533c1b2e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a4fa85079ab4773853a766b9d9f2c3fb
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/01/2018
meet_title: Whakatane RC - 29 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whakatane-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Whakatane RC