Archive Decision

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Rotorua & Bay of Plenty HC 20 September 2013 – R 6

ID: JCA12032

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr K Peterson - Licensed Amateur Rider

Information Number:
A2777

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Rotorua-BOP HC - 20 September 2013

Meet Chair:
ADooley

Meet Committee Member 1:
GTankard

Race Date:
2013/09/20

Race Number:
R6

Decision:

As Mr Peterson admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a suspension on Mr Peterson which will commence after racing on 20 September and conclude after racing on 29 September 2013, this represents the remaining race available for Amateur Riders this season (1 day and in addition impose a $100 fine).

 

 

Charge:

Following race 6, Burton Construction Ltd – Flair Amateur Riders Series an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Peterson used his whip excessively prior to the 200 metres on his mount CARINYA.

Mr Peterson acknowledged that he understood the Rule and the nature of the charge.

Rule 638(3)(b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.

Facts:

Mr Coles demonstrated on the video films that Mr Peterson used his whip approximately14 times prior to the 200 metres. He said while Mr Peterson did pause on a couple of occasions it was outside the guidelines.

Mr Peterson informed the Committee that he was extremely over the limit. He added that CARINYA was in contention for a placing at the point of this breach.

Submissions for Penalty:

Mr Coles produced Mr Peterson's record which showed he had breached this Rule on August 24th and incurred a $100 fine. He said while Mr Peterson's mount was in contention he needs to ride within the Rules. He submitted a fine in the range of $150 to $200 would be appropriate.

Mr Peterson submitted that he would prefer a suspension as opposed to a fine due to his financial circumstances.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Peterson's admission of the breach, the number of strikes (14) is assessed as low to mid range and the severity is assessed as low range. The aggravating factors are this is his second breach in a month and he ignored the prior advice from the Stipendiary Stewards who had explained to him his obligations under this Rule.

The Committee did have regard for Mr Peterson's limited opportunities and the fact he is an Amateur Rider. We note CARINYA was officially placed 2nd in the race.

After taking into account all the above factors we consider an appropriate penalty is a 1 day suspension and in addition a $100 fine.

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: 30a842a20e263259be58eaa9108cd09f


informantnumber: A2777


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 20/09/2013


hearing_title: Rotorua & Bay of Plenty HC 20 September 2013 - R 6


charge:

Following race 6, Burton Construction Ltd – Flair Amateur Riders Series an Information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles, alleged that Mr Peterson used his whip excessively prior to the 200 metres on his mount CARINYA.

Mr Peterson acknowledged that he understood the Rule and the nature of the charge.

Rule 638(3)(b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.


facts:

Mr Coles demonstrated on the video films that Mr Peterson used his whip approximately14 times prior to the 200 metres. He said while Mr Peterson did pause on a couple of occasions it was outside the guidelines.

Mr Peterson informed the Committee that he was extremely over the limit. He added that CARINYA was in contention for a placing at the point of this breach.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Peterson admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Coles produced Mr Peterson's record which showed he had breached this Rule on August 24th and incurred a $100 fine. He said while Mr Peterson's mount was in contention he needs to ride within the Rules. He submitted a fine in the range of $150 to $200 would be appropriate.

Mr Peterson submitted that he would prefer a suspension as opposed to a fine due to his financial circumstances.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Peterson's admission of the breach, the number of strikes (14) is assessed as low to mid range and the severity is assessed as low range. The aggravating factors are this is his second breach in a month and he ignored the prior advice from the Stipendiary Stewards who had explained to him his obligations under this Rule.

The Committee did have regard for Mr Peterson's limited opportunities and the fact he is an Amateur Rider. We note CARINYA was officially placed 2nd in the race.

After taking into account all the above factors we consider an appropriate penalty is a 1 day suspension and in addition a $100 fine.


penalty:

Accordingly, we impose a suspension on Mr Peterson which will commence after racing on 20 September and conclude after racing on 29 September 2013, this represents the remaining race available for Amateur Riders this season (1 day and in addition impose a $100 fine).

 

 


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr K Peterson - Licensed Amateur Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6754a1702b8d8b1d203aaafcdda35343


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 84e5d38fc6a0561f1f26aba036b1be90


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/09/2013


meet_title: Rotorua-BOP HC - 20 September 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rotorua-bop-hc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GTankard


meet_pm2: none


name: Rotorua-BOP HC