Archive Decision

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Manawatu RC 10 November 2016 – R 8 – Chair, Mrs N Moffatt

ID: JCA11527

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr S McKay - Apprentice Rider

Other Person:
Mr C Lammas - Senior Rider assisting Mr McKay

Information Number:
A6987

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Manawatu RC - 10 November 2016

Meet Chair:
NMoffatt

Meet Committee Member 1:
TUtikere

Race Date:
2016/11/10

Race Number:
R 8

Decision:

As Mr McKay admitted the breach the charge was found to be proved.

Penalty:

Mr McKay is fined the sum of $300.

Facts:

Mr Oatham lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b) in that Mr McKay used the whip around 12 times prior to the 200m without the necessary respite of 6 strides.

Mr McKay acknowledged he understood the rule and confirmed his admission of the breach.

Mr Oatham played the video of the race from before the turn into the final straight, through until the 200m mark. He said ANOTHER BACHELOR was under pressure and Mr McKay used the whip approximately 12 times prior to the 200m mark. He said the greatest pause between his use of the whip was only four strides.

Mr McKay agreed with this interpretation and the calculation of his whip use.

Submissions for Penalty:

Mr Oatham said Mr McKay had a clear record under this rule having never been charged with excessive use prior to today. While there were breaks between his whip use it was, overall, a reasonably vigorous ride. Mr Oatham described the breach as towards the lower end of the scale and submitted that a $300 was an appropriate penalty.

Mr McKay told the Committee that he had been riding for 2 years.

Mr Lammas said Mr McKay had just misjudged the number of strides.

Reasons for Penalty:

The committee notes that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension for a first charge of excessive use of the whip. We took into account Mr McKay’s admission of the breach and his excellent record. It was our opinion that today’s breach sat at the low end of the scale. Mr McKay did not hit his horse in a continuous manner but rode just outside of the guidelines by providing only four strides respite rather than six. There were no aggravating factors. It was our opinion, after applying mitigating factors, that an appropriate penalty was a monetary penalty of $300.

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: 1f3a4d4801fca1456cf5cef6696e3a0e


informantnumber: A6987


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 11/11/2016


hearing_title: Manawatu RC 10 November 2016 - R 8 - Chair, Mrs N Moffatt


charge:


facts:

Mr Oatham lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b) in that Mr McKay used the whip around 12 times prior to the 200m without the necessary respite of 6 strides.

Mr McKay acknowledged he understood the rule and confirmed his admission of the breach.

Mr Oatham played the video of the race from before the turn into the final straight, through until the 200m mark. He said ANOTHER BACHELOR was under pressure and Mr McKay used the whip approximately 12 times prior to the 200m mark. He said the greatest pause between his use of the whip was only four strides.

Mr McKay agreed with this interpretation and the calculation of his whip use.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McKay admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Oatham said Mr McKay had a clear record under this rule having never been charged with excessive use prior to today. While there were breaks between his whip use it was, overall, a reasonably vigorous ride. Mr Oatham described the breach as towards the lower end of the scale and submitted that a $300 was an appropriate penalty.

Mr McKay told the Committee that he had been riding for 2 years.

Mr Lammas said Mr McKay had just misjudged the number of strides.


reasonsforpenalty:

The committee notes that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension for a first charge of excessive use of the whip. We took into account Mr McKay’s admission of the breach and his excellent record. It was our opinion that today’s breach sat at the low end of the scale. Mr McKay did not hit his horse in a continuous manner but rode just outside of the guidelines by providing only four strides respite rather than six. There were no aggravating factors. It was our opinion, after applying mitigating factors, that an appropriate penalty was a monetary penalty of $300.


penalty:

Mr McKay is fined the sum of $300.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr S McKay - Apprentice Rider


Otherperson: Mr C Lammas - Senior Rider assisting Mr McKay


PersonPresent:


Respondent:


StipendSteward:


raceid: 590fed46cc38d3343dad98b7ca02666b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 79d9ad3caa405985c910a157b9347c9a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/11/2016


meet_title: Manawatu RC - 10 November 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TUtikere


meet_pm2: none


name: Manawatu RC