South Waikato RC 15 March 2017 – R 4 – Chair, Mr A Dooley
ID: JCA11563
Code:
Thoroughbred
Meet Title:
South Waikato RC - 15 March 2017
Meet Chair:
ADooley
Race Date:
2017/03/15
Race Number:
R4
Decision:
As Mr Hain admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Hain was fined $300.
In conclusion the Committee advised Mr Hain with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
Facts:
Following the running of race 4, Trees Tavern & Matley Financial Services 1200, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Mr Hain used the whip in an excessive manner prior to the 200 metres when riding DIRECT CAPITAL.
Mr Hain acknowledged that he understood the Rule and admitted the breach.
Rule 638(3) (b) provides A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The Guidelines for Use of Whip provide:
Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.
Mr Williamson demonstrated on the video films that Mr Hain used his whip 10 times prior to the 200 metres. He said that Mr Hain did display a few pauses with the whip but not for the required 6 strides. He added that DIRECT CAPITAL could have gained an advantage as that runner went on to win the race.
Mr Hain acknowledged that he struck his mount 10 times prior to the 200 metres. He advised that he has had only 7 or 8 rides this year and stated that “he was a bit desperate” to win a race.
Submissions for Penalty:
Mr Coles produced Mr Hain’s record which showed that it was clear from just 8 rides this year. He said Mr Hain should be given credit for his admission of the breach and his record. He acknowledged that Mr Hain rode in a desperate manner and he could have possibly gained an advantage. He said a fine would be an appropriate penalty.
Mr Hain acknowledged that a monetary penalty would be appropriate and had nothing further to add.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Hain’s admission of the breach and his clear record from a limited number of rides. The Committee assess the number of strikes (10) was in the low range and the severity of strikes was low range. The frequency of strikes were not continuous and there were clear pauses.
The Committee did inform Mr Hain that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension. It was recognised that Mr Hain has limited opportunities in comparison to other flat riders however excessive use of the whip will not be tolerated.
After taking into account all the above the Committee considers an appropriate penalty was a $300 fine.
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: 1d96ba793e2a6128be94b047c8629308
informantnumber: A8864
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 15/03/2017
hearing_title: South Waikato RC 15 March 2017 - R 4 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 4, Trees Tavern & Matley Financial Services 1200, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Mr Hain used the whip in an excessive manner prior to the 200 metres when riding DIRECT CAPITAL.
Mr Hain acknowledged that he understood the Rule and admitted the breach.
Rule 638(3) (b) provides A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The Guidelines for Use of Whip provide:
Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.
Mr Williamson demonstrated on the video films that Mr Hain used his whip 10 times prior to the 200 metres. He said that Mr Hain did display a few pauses with the whip but not for the required 6 strides. He added that DIRECT CAPITAL could have gained an advantage as that runner went on to win the race.
Mr Hain acknowledged that he struck his mount 10 times prior to the 200 metres. He advised that he has had only 7 or 8 rides this year and stated that “he was a bit desperate” to win a race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Hain admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Hain’s record which showed that it was clear from just 8 rides this year. He said Mr Hain should be given credit for his admission of the breach and his record. He acknowledged that Mr Hain rode in a desperate manner and he could have possibly gained an advantage. He said a fine would be an appropriate penalty.
Mr Hain acknowledged that a monetary penalty would be appropriate and had nothing further to add.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Hain’s admission of the breach and his clear record from a limited number of rides. The Committee assess the number of strikes (10) was in the low range and the severity of strikes was low range. The frequency of strikes were not continuous and there were clear pauses.
The Committee did inform Mr Hain that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension. It was recognised that Mr Hain has limited opportunities in comparison to other flat riders however excessive use of the whip will not be tolerated.
After taking into account all the above the Committee considers an appropriate penalty was a $300 fine.
penalty:
Accordingly, Mr Hain was fined $300.
In conclusion the Committee advised Mr Hain with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr D Hain - Licensed Jockey
Otherperson: Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bb9903d5b87980cc199faebc018344f4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: beb1db1237a3914246c846a794c96cbf
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/03/2017
meet_title: South Waikato RC - 15 March 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: South Waikato RC