Counties RC 6 September 2017 – R 1 – Chair, Mr A Godsalve
ID: JCA11732
Code:
Thoroughbred
Meet Title:
Counties RC - 6 September 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2017/09/06
Race Number:
R1
Decision:
As Mr Dell admitted the breach we find the charge proved.
Penalty:
The Committee imposed a fine of $300 on Mr Dell and advised him that any further breach of this Rule within 12 months would attract an uplift on this amount as per the JCA Penalty Guide.
Facts:
Following the running of race 1, the Ssangyong 1200, an Information was presented by Mr Coles alleging that Mr Dell, riding LOWRIDER used the whip excessively prior to the 100 metres.
Mr Dell was present at the hearing. He acknowledged that he understood the Rule and that he admitted the breach.
Rule 638(3)(b)(ii) states: A Rider shall not strike a horse with a whip in a manner that is excessive.
Without affecting the generality of Rule 638(b) a rider may be penalised if their whip use is outside the following guidelines:
Inside the final 600 metres of a 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 the available films, Mr Oatham identified the horse LOWRIDER as it approached the 400 metres. He pointed out that from a position just past the 400 metres until the 100 metres, Mr Dell struck LOWRIDER 11 times with his whip. Mr Oatham stated that Mr Dell had paused for 3 or 4 strides, however his whip use was not the required 5 strikes then 5 strides respite as required. He added that it was clear that Mr Dell's whip use was not continuous.
Mr Dell stated that he had given the horse a respite from his whip use, however he agreed that it was not the required 5 strides. He felt that he had struck the horse after 4 strides instead of 5.
Submissions for Penalty:
Mr Coles stated that Mr Dell had not been the subject of a charge under this Rule since the new guidelines were instituted on 1 August 2017. He said the Stewards believed the whip use was at the lower end of the scale and felt that a monetary penalty would be an appropriate penalty.
Mr Dell said he was aware he would probably be fined for this incident, and added that he had adapted his style of whip use in an effort to conform with the new guidelines.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a $300 fine for a first beach of these Rules. An admission of the breach or a rider's good record would not affect this starting point. Issues of animal welfare and the public perception of whip use in races is of paramount importance. We accept that Mr Dell's breach of this Rule was at the lower end of the scale, and for that reason did not apply an uplift to the starting point. Committees throughout New Zealand are consistent in applying a fine of $300 for a first breach of this Rule where no conditions exist to warrant an uplift from that amount.
JCA Decision Fields (raw)
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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: 29a26e809b4f5d66293042fce267c548
informantnumber: A8879
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excess whip use
plea: admitted
penaltyrequired: 1
decisiondate: 07/09/2017
hearing_title: Counties RC 6 September 2017 - R 1 - Chair, Mr A Godsalve
charge:
facts:
Following the running of race 1, the Ssangyong 1200, an Information was presented by Mr Coles alleging that Mr Dell, riding LOWRIDER used the whip excessively prior to the 100 metres.
Mr Dell was present at the hearing. He acknowledged that he understood the Rule and that he admitted the breach.
Rule 638(3)(b)(ii) states: A Rider shall not strike a horse with a whip in a manner that is excessive.
Without affecting the generality of Rule 638(b) a rider may be penalised if their whip use is outside the following guidelines:
Inside the final 600 metres of a 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 the available films, Mr Oatham identified the horse LOWRIDER as it approached the 400 metres. He pointed out that from a position just past the 400 metres until the 100 metres, Mr Dell struck LOWRIDER 11 times with his whip. Mr Oatham stated that Mr Dell had paused for 3 or 4 strides, however his whip use was not the required 5 strikes then 5 strides respite as required. He added that it was clear that Mr Dell's whip use was not continuous.
Mr Dell stated that he had given the horse a respite from his whip use, however he agreed that it was not the required 5 strides. He felt that he had struck the horse after 4 strides instead of 5.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dell admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles stated that Mr Dell had not been the subject of a charge under this Rule since the new guidelines were instituted on 1 August 2017. He said the Stewards believed the whip use was at the lower end of the scale and felt that a monetary penalty would be an appropriate penalty.
Mr Dell said he was aware he would probably be fined for this incident, and added that he had adapted his style of whip use in an effort to conform with the new guidelines.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a $300 fine for a first beach of these Rules. An admission of the breach or a rider's good record would not affect this starting point. Issues of animal welfare and the public perception of whip use in races is of paramount importance. We accept that Mr Dell's breach of this Rule was at the lower end of the scale, and for that reason did not apply an uplift to the starting point. Committees throughout New Zealand are consistent in applying a fine of $300 for a first breach of this Rule where no conditions exist to warrant an uplift from that amount.
penalty:
The Committee imposed a fine of $300 on Mr Dell and advised him that any further breach of this Rule within 12 months would attract an uplift on this amount as per the JCA Penalty Guide.
hearing_type: Hearing
Rules: Rule 638(3)(b)(ii)
Informant: Mr A Coles (Stipendiary Steward)
JockeysandTrainer: C Dell Class A Rider
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9ddc90894022bafd26b528e9d0fe6d58
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f922e6b3bd6e8c4ed8019497e27a0f9f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/09/2017
meet_title: Counties RC - 6 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Counties RC