Canterbury JC 4 June 2021 – R 5 – Chair, Mr S Ching
ID: JCA11662
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:
R5
Decision:
Miss Jonker having admitted the breach; the charge was found proved.
Penalty:
Miss Jonker is fined the sum of $500.
Facts:
Following the running of Race 5, the Barneswood Farm Open Handicap, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Miss T Jonker, alleging that, as the Rider of CELINE in the Race, she used her whip excessively prior to the 100m.
Miss Jonker was present at the hearing of the Information and had endorsed the Information that the breach was admitted. She also confirmed that she understood the provisions of the Rrule she 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:
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 450 metres of the Race. He pointed out Miss Jonker riding CELINE, positioned widest on the track and in contention, as the field entered the home straight. He said that just prior to the home turn, Miss Jonker used the whip on 2 occasions and then once in the straight, used her whip on a further 6 occasions, prior to the 100m. Mr Oatham stated that Miss Jonker went on to win the race by ½ a neck.
Miss Jonker did not dispute the number of strikes contended by Mr Oatham.
Submissions for Penalty:
Mr Oatham told the Committee that Miss Jonker had a prior breach within the previous 6 months being at Ashburton on 7 April 2021 where she received a $300 fine for 8 strikes as a first offence. He stated that the JCA Penalty Guide provides a starting point of a $500 fine for a second offence and stated that there was an aggravating factor to consider, being the fact that Miss Jonker went on to win the race. Mr Oatham submitted that a $500 fine with consideration of a uplift for the aggravating factor, be considered as penalty.
Miss Jonker stated that she only gets about 2 rides per meeting and her financial situation was not great. She submitted that her financial situation be considered in any penalty imposed.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $500 fine, mitigation inclusive, for a second offence of this Rule. We determined that there was an aggravating factor to consider, being the fact that Miss Jonker went on to win the Race. We also took into consideration Miss Jonker's financial situation which on balance, we determined, warranted that no uplift in penalty be imposed on this occasion.
We therefore determined that a $500 fine 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: 277ded558a647568b1d7b377df74fc3d
informantnumber: A11970
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 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Barneswood Farm Open Handicap, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Miss T Jonker, alleging that, as the Rider of CELINE in the Race, she used her whip excessively prior to the 100m.
Miss Jonker was present at the hearing of the Information and had endorsed the Information that the breach was admitted. She also confirmed that she understood the provisions of the Rrule she 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:
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 450 metres of the Race. He pointed out Miss Jonker riding CELINE, positioned widest on the track and in contention, as the field entered the home straight. He said that just prior to the home turn, Miss Jonker used the whip on 2 occasions and then once in the straight, used her whip on a further 6 occasions, prior to the 100m. Mr Oatham stated that Miss Jonker went on to win the race by ½ a neck.
Miss Jonker did not dispute the number of strikes contended by Mr Oatham.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Jonker having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Miss Jonker had a prior breach within the previous 6 months being at Ashburton on 7 April 2021 where she received a $300 fine for 8 strikes as a first offence. He stated that the JCA Penalty Guide provides a starting point of a $500 fine for a second offence and stated that there was an aggravating factor to consider, being the fact that Miss Jonker went on to win the race. Mr Oatham submitted that a $500 fine with consideration of a uplift for the aggravating factor, be considered as penalty.
Miss Jonker stated that she only gets about 2 rides per meeting and her financial situation was not great. She submitted that her financial situation be considered in any penalty imposed.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $500 fine, mitigation inclusive, for a second offence of this Rule. We determined that there was an aggravating factor to consider, being the fact that Miss Jonker went on to win the Race. We also took into consideration Miss Jonker's financial situation which on balance, we determined, warranted that no uplift in penalty be imposed on this occasion.
We therefore determined that a $500 fine was an appropriate penalty in this case.
penalty:
Miss Jonker is fined the sum of $500.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Miss T Jonker - Licensed Jockey (Class A)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e7b3b701033483c42cfa4a60a13473cd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
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