Archive Decision

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Canterbury JC 4 June 2021 – R 2 – Chair, Mr S Ching

ID: JCA11625

Applicant:
J Oatham- Chief Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
C Campbell-Licensed Jockey (Class B), Mr C Campbell-Licensed Jockey (Class B)

Other Person:
Mr D Walsh - Apprentice Jockey Mentor assisting Mr Campbell

Information Number:
A11969

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 4 June 2021

Meet Chair:
SChing

Meet Committee Member 1:
OJarvis

Race Date:
2021-06-04 00:00:00.0000000

Race Number:
R2

Decision:

 Mr Campbell having admitted the breach; the charge was found proved.

Penalty:

Accordingly, Mr Campbell is suspended from the conclusion of racing 6 June 2021 up to and including 13 June 2021.

Facts:

Following the running of Race 2, the Winter Cup Entries Close 15 June Rating 74, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class B), Mr C Campbell, alleging that, as the Rider of FIRODEN in the Race, he used his whip excessively prior to the 100m.

Mr Campbell was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed to the hearing. He also confirmed that he understood the Rule he was being charged with.

Mr Campbell was assisted at the hearing by NZTR Apprentice Mentor, Mr D Walsh.

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:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.

Mr Oatham gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Campbell riding FIRODEN, positioned in the lead and 3 wide as the field turned for home. He said that Mr Campbell drew the whip and used it on 7 occasions prior to the 100m.

Mr Campbell did not dispute the number of strikes and stated that he counted to 5 but mistakenly thought the false start light near the 150m, was the 100m marker.

Mr Walsh stated that Mr Campbell was clearly outside the Guidelines.

Submissions for Penalty:

Mr Oatham told the Committee that Mr Campbell’s record showed 2 prior breaches over the past 6 months being at Riccarton on 30 January 2021 where he received a $500 fine for 8 strikes and 3 April 2021 at Riverton where a 6-day suspension and $600 fine was imposed for 10 strikes in a Listed race. He said that the JCA Penalty Guide provides a starting point of a $2000 fine and 2-day suspension for a third breach of this Rule, within a six-month period. Mr Oatham submitted that a 5-day suspension, as per the starting point for a 4th breach, be considered as penalty in this case.

Mr Campbell stated that he did not seek a deferment of penalty but had rides at Dunedin on Sunday 6 June, where the riders were already declared.

Reasons for Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $2000 fine and 2-day suspension for a 3rd offence within 6 months. We considered that this level penalty was excessive financially for a South Island rider and determined that Mr Oathams’ submission of a 5-day suspension, was an appropriate penalty in this case.

Decision Date: 06/06/2021

Publish Date: 06/06/2021

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: 21a777c355fc675f7c51154f5eda5ee2


informantnumber: A11969


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 06/06/2021


hearing_title: Canterbury JC 4 June 2021 - R 2 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 2, the Winter Cup Entries Close 15 June Rating 74, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Jockey (Class B), Mr C Campbell, alleging that, as the Rider of FIRODEN in the Race, he used his whip excessively prior to the 100m.

Mr Campbell was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed to the hearing. He also confirmed that he understood the Rule he was being charged with.

Mr Campbell was assisted at the hearing by NZTR Apprentice Mentor, Mr D Walsh.

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:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.

Mr Oatham gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Campbell riding FIRODEN, positioned in the lead and 3 wide as the field turned for home. He said that Mr Campbell drew the whip and used it on 7 occasions prior to the 100m.

Mr Campbell did not dispute the number of strikes and stated that he counted to 5 but mistakenly thought the false start light near the 150m, was the 100m marker.

Mr Walsh stated that Mr Campbell was clearly outside the Guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

 Mr Campbell having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mr Oatham told the Committee that Mr Campbell’s record showed 2 prior breaches over the past 6 months being at Riccarton on 30 January 2021 where he received a $500 fine for 8 strikes and 3 April 2021 at Riverton where a 6-day suspension and $600 fine was imposed for 10 strikes in a Listed race. He said that the JCA Penalty Guide provides a starting point of a $2000 fine and 2-day suspension for a third breach of this Rule, within a six-month period. Mr Oatham submitted that a 5-day suspension, as per the starting point for a 4th breach, be considered as penalty in this case.

Mr Campbell stated that he did not seek a deferment of penalty but had rides at Dunedin on Sunday 6 June, where the riders were already declared.


reasonsforpenalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $2000 fine and 2-day suspension for a 3rd offence within 6 months. We considered that this level penalty was excessive financially for a South Island rider and determined that Mr Oathams’ submission of a 5-day suspension, was an appropriate penalty in this case.


penalty:

Accordingly, Mr Campbell is suspended from the conclusion of racing 6 June 2021 up to and including 13 June 2021.


hearing_type: Hearing


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


Informant: J Oatham- Chief Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: C Campbell-Licensed Jockey (Class B), Mr C Campbell-Licensed Jockey (Class B)


Otherperson: Mr D Walsh - Apprentice Jockey Mentor assisting Mr Campbell


PersonPresent:


Respondent:


StipendSteward:


raceid: a29f4921264bf4f5c47d6e0e979076ba


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 24eda9dadfbbe34e17298e00f72cdf76


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/06/2021


meet_title: Canterbury JC - 4 June 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: OJarvis


meet_pm2: none


name: Canterbury JC