Archive Decision

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Counties RC 10 August 2019 – R 2 – Chair, Mr Scott

ID: JCA11918

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Ms C Burdan - Class B Rider

Other Person:
Mr G Old - Licensed Trainer in support of Ms Burdan, Mr B Jones - Stipendiary Steward

Information Number:
A11322

Hearing Type:
Hearing

New Charge:
Excessive use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 10 August 2019

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2019/08/10

Race Number:
R2

Decision:

The breach is admitted and the charge is accordingly proved.

Penalty:

This Committee imposes a fine of $500.00 on Ms Burdan.

Facts:

Following the running of the MOUNT SHOP 2100 an Information was lodged by Senior Stipendiary Steward Mr M Williamson against Class B Rider Ms C Burdan alleging that Ms Burdan used her whip excessively prior to the 100 metres when riding BAY ROCKER.

Ms Burdan was present at the Hearing and she advised the Committee that she understood the Rule and the Whip Guidelines. Ms Burdan confirmed that she was aware that the use of the whip was to be 5 strikes and then a pause for 5 strides prior to the 100 metres mark.

Ms Burdan was supported by Licensed Trainer Mr G Old.

Stipendiary Steward Mr B Jones demonstrated the incident by use of the race films and showed where Ms Burdan used her whip 10 times prior to the 100 metres mark. He said that although there were some pauses Ms Burdan did not pause for the required 5 strides.

Ms Burdan said she agreed with the number of strikes. She also said by way of explanation that the Trainers said that the horse needed a strong hit out. She did however acknowledge that she did not pause sufficiently.

Submissions for Penalty:

Mr Williamson said that this was Ms Burdan's second breach of the Rule in the last 12 months and that in terms of the Whip Penalty Guidelines the appropriate penalty was a fine of $500.00.

Ms Burdan had been  fined $300.00 for her first breach and the Committee advised her that any further breach in the 12 month period would result in a suspension of Licence for 6 to 8 days.

Mr Williamson did say that Ms Burdan was an inexperienced Rider and that the strikes with the Whip were not hard.

Ms Burdan acknowledged that for a second breach of the Rule the penalty would be a fine of $500.00.

Reasons for Penalty:

The Penalty Guide for a second breach of this Rule is a fine of $500.00 and we have pointed this out to Ms Burdan. There were no aggravating factors that would require an uplift in penalty.

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: 289e62c8daa9981208c9bc2ef51e2691


informantnumber: A11322


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 12/08/2019


hearing_title: Counties RC 10 August 2019 - R 2 - Chair, Mr Scott


charge:


facts:

Following the running of the MOUNT SHOP 2100 an Information was lodged by Senior Stipendiary Steward Mr M Williamson against Class B Rider Ms C Burdan alleging that Ms Burdan used her whip excessively prior to the 100 metres when riding BAY ROCKER.

Ms Burdan was present at the Hearing and she advised the Committee that she understood the Rule and the Whip Guidelines. Ms Burdan confirmed that she was aware that the use of the whip was to be 5 strikes and then a pause for 5 strides prior to the 100 metres mark.

Ms Burdan was supported by Licensed Trainer Mr G Old.

Stipendiary Steward Mr B Jones demonstrated the incident by use of the race films and showed where Ms Burdan used her whip 10 times prior to the 100 metres mark. He said that although there were some pauses Ms Burdan did not pause for the required 5 strides.

Ms Burdan said she agreed with the number of strikes. She also said by way of explanation that the Trainers said that the horse needed a strong hit out. She did however acknowledge that she did not pause sufficiently.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and the charge is accordingly proved.


sumissionsforpenalty:

Mr Williamson said that this was Ms Burdan's second breach of the Rule in the last 12 months and that in terms of the Whip Penalty Guidelines the appropriate penalty was a fine of $500.00.

Ms Burdan had been  fined $300.00 for her first breach and the Committee advised her that any further breach in the 12 month period would result in a suspension of Licence for 6 to 8 days.

Mr Williamson did say that Ms Burdan was an inexperienced Rider and that the strikes with the Whip were not hard.

Ms Burdan acknowledged that for a second breach of the Rule the penalty would be a fine of $500.00.


reasonsforpenalty:

The Penalty Guide for a second breach of this Rule is a fine of $500.00 and we have pointed this out to Ms Burdan. There were no aggravating factors that would require an uplift in penalty.


penalty:

This Committee imposes a fine of $500.00 on Ms Burdan.


hearing_type: Hearing


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


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Ms C Burdan - Class B Rider


Otherperson: Mr G Old - Licensed Trainer in support of Ms Burdan, Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: a47d988b8ace3a4f8650b327ea020312


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: 3ebdc1e939831f7fb19d7419374be515


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/08/2019


meet_title: Counties RC - 10 August 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Counties RC