Canterbury R 17 November 2018 – R 9 – Chair, Mr S Ching
ID: JCA11490
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 17 November 2018
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/11/17
Race Number:
R9
Decision:
Mr Bradley having admitted the breach; the charge was found proved.
Penalty:
Mr Bradley’s Class A licence is suspended from the conclusion of racing 18 November up to and including 1 December 2018.
Facts:
Following the running of Race 9, the Christchurch Casino 155th New Zealand Cup Group 3, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Mr D Bradley, alleging that Mr Bradley, as the rider of FELAAR in the race, “used his whip excessively prior to the 100 metres”.
Mr Bradley 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 Oatham, with the assistance of Stipendiary Steward, Mr J McLaughlin, showed video replays of the final 400 metres of the race. He pointed out Mr Bradley riding FELAAR, racing on the outside of the field and in contention as the field turned for home. Mr McLaughlin, using the lateral view, showed that inside the 300m, Mr Bradley used the whip and struck FELAAR on 11 occasions with no respite, prior to the 100m.
Mr Bradley stated that he was not aware of how far out the 100m mark was. He said that when he did see it, he knew it was all over. He also said that when you are under pressure and riding in a big race, you are doing your best for connections and punters and not necessarily looking at the rail.
Submissions for Penalty:
Mr Oatham told the Committee that Mr Bradley’s record showed 2 breaches of this rule over the previous 12 months being on 8 April 2018 at Hawkes Bay where he received a $300 fine and a $500 fine at Wellington on 14 July 2018. Mr Oatham stated that the breach was low level and that Mr Bradley had just misjudged where the 100m mark was. He said the JCA Penalty Guide provides a starting point of a 6 to 8 National Day suspension for 3rd and subsequent breach of this rule and submitted that a suspension commensurate of all factors, including the status of the race being Group 3, be considered as penalty.
Mr Bradley stated that when riding like that he was a soft hitter not a punishing hitter. He was just trying to urge the horse to keep going, not punishing it.
Mr Bradley did not seek a deferment and requested that any penalty begin as soon as possible.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a 6 to 8 National Day suspension for a 3rd and subsequent breach of this rule, mitigation inclusive. We assessed this breach as mid-range and therefore adopted a 7-day starting point. The only aggravating factor was the status of the race, being the New Zealand Cup, Group 3 which warranted an uplift in penalty. This uplift we set at 2 days. We therefore determined that a 9 National Day suspension was an appropriate penalty in this case.
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: 21ee73ca9f1adb13062196de94f87057
informantnumber: A7743
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 20/11/2018
hearing_title: Canterbury R 17 November 2018 - R 9 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 9, the Christchurch Casino 155th New Zealand Cup Group 3, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class A), Mr D Bradley, alleging that Mr Bradley, as the rider of FELAAR in the race, “used his whip excessively prior to the 100 metres”.
Mr Bradley 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 Oatham, with the assistance of Stipendiary Steward, Mr J McLaughlin, showed video replays of the final 400 metres of the race. He pointed out Mr Bradley riding FELAAR, racing on the outside of the field and in contention as the field turned for home. Mr McLaughlin, using the lateral view, showed that inside the 300m, Mr Bradley used the whip and struck FELAAR on 11 occasions with no respite, prior to the 100m.
Mr Bradley stated that he was not aware of how far out the 100m mark was. He said that when he did see it, he knew it was all over. He also said that when you are under pressure and riding in a big race, you are doing your best for connections and punters and not necessarily looking at the rail.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Bradley having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Mr Bradley’s record showed 2 breaches of this rule over the previous 12 months being on 8 April 2018 at Hawkes Bay where he received a $300 fine and a $500 fine at Wellington on 14 July 2018. Mr Oatham stated that the breach was low level and that Mr Bradley had just misjudged where the 100m mark was. He said the JCA Penalty Guide provides a starting point of a 6 to 8 National Day suspension for 3rd and subsequent breach of this rule and submitted that a suspension commensurate of all factors, including the status of the race being Group 3, be considered as penalty.
Mr Bradley stated that when riding like that he was a soft hitter not a punishing hitter. He was just trying to urge the horse to keep going, not punishing it.
Mr Bradley did not seek a deferment and requested that any penalty begin as soon as possible.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a 6 to 8 National Day suspension for a 3rd and subsequent breach of this rule, mitigation inclusive. We assessed this breach as mid-range and therefore adopted a 7-day starting point. The only aggravating factor was the status of the race, being the New Zealand Cup, Group 3 which warranted an uplift in penalty. This uplift we set at 2 days. We therefore determined that a 9 National Day suspension was an appropriate penalty in this case.
penalty:
Mr Bradley’s Class A licence is suspended from the conclusion of racing 18 November up to and including 1 December 2018.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J Oatham, Chief Stipendiary Steward
JockeysandTrainer: D Bradley, Licensed Jockey (Class A)
Otherperson: Mr J M McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 8dcec721974edd1b6c81afe1b3256467
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6839106a7e1cc557d6ec62a358e03591
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/11/2018
meet_title: Canterbury Racing - 17 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing