Archive Decision

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Gore RC 31 January 2018 – R 5 – Chair, Mr V Munro

ID: JCA11620

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr A Bohorun - Apprentice Rider of OPIO ROSE

Other Person:
Mr S Blair-Edie - Trainer of OPIO ROSE assisting Mr Bohorun

Information Number:
A10406

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Gore RC - 31 January 2018

Meet Chair:
VMUnro

Meet Committee Member 1:
PKnowles

Race Date:
2018/01/31

Race Number:
R 5

Decision:

As Mr Bohorun admitted the breach the charge is proved.

Penalty:

Mr Bohorun is fined $300.

Facts:

Following the running of race 5, the White Robe Lodge/John Brick Memorial Maiden, an Information was filed pursuant to Rule 638(3)(b)(ii) alleging that rider Mr A Bohorun used his whip excessively prior to the 100 metres on his mount OPIO ROSE.

Mr Bohorun 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, Stipendiary Steward Mr Tidmarsh advised the Committee that Mr Bohorun used his whip 12 times prior to the final 100 metres from the 250 metre mark. He said Mr Bohorun had shown very little respite by going back to the rein and not complied with the 5 on, 5 off regulations.

Mr Bohorun advised the Committee he agreed with the Stewards' summary and had nothing further to add as did Mr Blair-Edie.

Submissions for Penalty:

Mr Tidmarsh produced Mr Bohorun's record which showed no previous breaches of this Rule since the new guidelines came into effect on 1 August 2017. He said that Mr Bohorun was in his first season as an Apprentice and had just returned from a 5 week suspension. He further added that Mr Bohorun had an obligation to know the rules. Mr Tidmarsh submitted that as this was Mr Bohorun’s first breach, a fine of $300, consistent with the JCA penalty guidelines would be appropriate.

Mr Bohorun said that he had not remembered the new whip rules.

Mr Blair-Edie asked that the fine be kept at a minimum.

Reasons for Penalty:

In determining penalty, the Committee considered all the evidence and submissions presented. The mitigating factors are Mr Bohorun’s admission of the breach and his clear record under this Rule. 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

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: 20a75e12899b4b8ddc85e6cf470303d8


informantnumber: A10406


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 01/02/2018


hearing_title: Gore RC 31 January 2018 - R 5 - Chair, Mr V Munro


charge:


facts:

Following the running of race 5, the White Robe Lodge/John Brick Memorial Maiden, an Information was filed pursuant to Rule 638(3)(b)(ii) alleging that rider Mr A Bohorun used his whip excessively prior to the 100 metres on his mount OPIO ROSE.

Mr Bohorun 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, Stipendiary Steward Mr Tidmarsh advised the Committee that Mr Bohorun used his whip 12 times prior to the final 100 metres from the 250 metre mark. He said Mr Bohorun had shown very little respite by going back to the rein and not complied with the 5 on, 5 off regulations.

Mr Bohorun advised the Committee he agreed with the Stewards' summary and had nothing further to add as did Mr Blair-Edie.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Bohorun admitted the breach the charge is proved.


sumissionsforpenalty:

Mr Tidmarsh produced Mr Bohorun's record which showed no previous breaches of this Rule since the new guidelines came into effect on 1 August 2017. He said that Mr Bohorun was in his first season as an Apprentice and had just returned from a 5 week suspension. He further added that Mr Bohorun had an obligation to know the rules. Mr Tidmarsh submitted that as this was Mr Bohorun’s first breach, a fine of $300, consistent with the JCA penalty guidelines would be appropriate.

Mr Bohorun said that he had not remembered the new whip rules.

Mr Blair-Edie asked that the fine be kept at a minimum.


reasonsforpenalty:

In determining penalty, the Committee considered all the evidence and submissions presented. The mitigating factors are Mr Bohorun’s admission of the breach and his clear record under this Rule. 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


penalty:

Mr Bohorun is fined $300.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr A Bohorun - Apprentice Rider of OPIO ROSE


Otherperson: Mr S Blair-Edie - Trainer of OPIO ROSE assisting Mr Bohorun


PersonPresent:


Respondent:


StipendSteward:


raceid: c88406b772b9286cfffc0f74d3cece27


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 748e98c1e659538e48c1a145fe13fbed


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/01/2018


meet_title: Gore RC - 31 January 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-rc


meet_racingtype: thoroughbred-racing


meet_chair: VMUnro


meet_pm1: PKnowles


meet_pm2: none


name: Gore RC