Canterbury R 6 August 2016 – R 4 – Chair, Mr R McKenzie
ID: JCA11761
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 6 August 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/08/06
Race Number:
R4
Decision:
Mr Elliot having admitted the breach, the charge was found proved.
Penalty:
Mr Elliot’s application for a deferment was granted.
Mr Elliot’s Apprentice Jockey’s (Class B) licence is suspended from after the close of racing on Saturday, 13th August 2016 up to and including Friday, 19th August 2016 – 2 riding days. The two meetings intended to be encompassed by the term of suspension are Avondale JC on 17th August and Racing Taupo on 19th August.
Facts:
Following the running of Race 4, Canterbury Club Luncheon Premier, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr R T Elliot, alleging that Mr Elliot “used his whip excessively on his mount SCUSA prior to the 200 metres”.
Mr Elliot was present at the hearing of the information and he indicated that he admitted the breach. Assisting him at the hearing were Apprentice Jockey Mentor, Mr W Harnett, and Miss M K Northcott, representing Mr Elliot’s employer, Mr G A Rogerson.
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 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 Oatham had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 300-400 metres of the race. Mr Davidson pointed out Mr Elliot, riding SCUSA, racing 4-wide and near the lead as the field entered the home straight. Mr Davidson then showed that Mr Elliot pulled his whip and used it ten times prior to the 200 metres. It was clear that Mr Elliot was not hitting the horse every stride, but he had not taken a “break” at all, Mr Davidson submitted.
Mr Harnett said that Mr Elliot freely admitted that he had exceeded the Guidelines but pointed out, as had Mr Davidson, that he had not struck the horse on every stride. It was Mr Elliot’s first time riding on the big track at Riccarton, Mr Harnett said.
Miss Northcott told the hearing that the horse’s trainer, Mr Rogerson, had told Mr Elliot that the horse is a lazy horse and to make sure that he “keeps at him”.
Submissions for Penalty:
Mr Oatham said that Mr Elliot had just completed his first season of riding, so inexperience was a factor. Mr Elliot had breached the whip Rule on 6th May 2016 at Counties and had been fined $300 on that occasion. Mr Oatham pointed out that, under the Penalty Guide, the present breach is deemed to be a second breach and, therefore, the starting point is a 3-5 days’ suspension. Mr Oatham informed the Committee that two recent similar breaches by Apprentice Jockeys in the North Island had each attracted a suspension of 2 days and submitted that a similar penalty was appropriate in this case. Mr Oatham said that Stewards saw this breach as being at the lower end of the scale.
Mr Elliot said that he had riding engagements at this meeting on Wednesday and at Te Rapa on Saturday, 13th August, as well as at other meetings during the next week. He sought a 7-days’ deferment of any suspension.
Mr Harnett asked if the Committee would be prepared to consider a combined penalty of a suspension coupled with a fine.
Mr Elliot said that he rode in both the Auckland-Waikato and Central Districts.
Reasons for Penalty:
In determining penalty, the Committee took into account that Mr Elliot had frankly admitted the breach. In addition, the Committee saw the breach as being at the very low end on a scale of seriousness. These were mitigating factors that the Committee took into account.
The Committee decided that a starting point of a 3-days’ suspension was appropriate for this breach. Taking that starting point, the Committee was able to give Mr Elliot a discount from that starting point for the mitigating factors referred to. We fixed that discount at 1 day. A suspension of 2 days was consistent with the penalties imposed in the two recent cases to which Mr Oatham referred. A combined penalty, as submitted by Mr Harnett, was not considered to be appropriate.
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: 24805ac4343a03c37bbc687786e3dfd4
informantnumber: A6963
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 08/08/2016
hearing_title: Canterbury R 6 August 2016 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, Canterbury Club Luncheon Premier, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr R T Elliot, alleging that Mr Elliot “used his whip excessively on his mount SCUSA prior to the 200 metres”.
Mr Elliot was present at the hearing of the information and he indicated that he admitted the breach. Assisting him at the hearing were Apprentice Jockey Mentor, Mr W Harnett, and Miss M K Northcott, representing Mr Elliot’s employer, Mr G A Rogerson.
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 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 Oatham had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 300-400 metres of the race. Mr Davidson pointed out Mr Elliot, riding SCUSA, racing 4-wide and near the lead as the field entered the home straight. Mr Davidson then showed that Mr Elliot pulled his whip and used it ten times prior to the 200 metres. It was clear that Mr Elliot was not hitting the horse every stride, but he had not taken a “break” at all, Mr Davidson submitted.
Mr Harnett said that Mr Elliot freely admitted that he had exceeded the Guidelines but pointed out, as had Mr Davidson, that he had not struck the horse on every stride. It was Mr Elliot’s first time riding on the big track at Riccarton, Mr Harnett said.
Miss Northcott told the hearing that the horse’s trainer, Mr Rogerson, had told Mr Elliot that the horse is a lazy horse and to make sure that he “keeps at him”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Elliot having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Oatham said that Mr Elliot had just completed his first season of riding, so inexperience was a factor. Mr Elliot had breached the whip Rule on 6th May 2016 at Counties and had been fined $300 on that occasion. Mr Oatham pointed out that, under the Penalty Guide, the present breach is deemed to be a second breach and, therefore, the starting point is a 3-5 days’ suspension. Mr Oatham informed the Committee that two recent similar breaches by Apprentice Jockeys in the North Island had each attracted a suspension of 2 days and submitted that a similar penalty was appropriate in this case. Mr Oatham said that Stewards saw this breach as being at the lower end of the scale.
Mr Elliot said that he had riding engagements at this meeting on Wednesday and at Te Rapa on Saturday, 13th August, as well as at other meetings during the next week. He sought a 7-days’ deferment of any suspension.
Mr Harnett asked if the Committee would be prepared to consider a combined penalty of a suspension coupled with a fine.
Mr Elliot said that he rode in both the Auckland-Waikato and Central Districts.
reasonsforpenalty:
In determining penalty, the Committee took into account that Mr Elliot had frankly admitted the breach. In addition, the Committee saw the breach as being at the very low end on a scale of seriousness. These were mitigating factors that the Committee took into account.
The Committee decided that a starting point of a 3-days’ suspension was appropriate for this breach. Taking that starting point, the Committee was able to give Mr Elliot a discount from that starting point for the mitigating factors referred to. We fixed that discount at 1 day. A suspension of 2 days was consistent with the penalties imposed in the two recent cases to which Mr Oatham referred. A combined penalty, as submitted by Mr Harnett, was not considered to be appropriate.
penalty:
Mr Elliot’s application for a deferment was granted.
Mr Elliot’s Apprentice Jockey’s (Class B) licence is suspended from after the close of racing on Saturday, 13th August 2016 up to and including Friday, 19th August 2016 – 2 riding days. The two meetings intended to be encompassed by the term of suspension are Avondale JC on 17th August and Racing Taupo on 19th August.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J P Oatham - Stipendiary Steward
JockeysandTrainer: R T Elliot - Licensed Apprentice Jockey (Class B)
Otherperson: Mr W Harnett - Apprentice Jockey Mentor, Mr M R Davidson - Stipendiary Steward, Miss M K Northcott - representing Mr G A Rogerson
PersonPresent:
Respondent:
StipendSteward:
raceid: 82f8bce380240df607ee58977d515f45
race_expapproval:
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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: 730f1a0e151a49a05d1d45e9050fd15d
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/08/2016
meet_title: Canterbury Racing - 6 August 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Canterbury Racing