Feilding JC 30 May 2019 – R 3 – Chair, Mrs N Moffatt
ID: JCA12180
Code:
Thoroughbred
Meet Title:
Feilding JC - 30 May 2019
Meet Chair:
NMoffatt
Meet Committee Member 1:
NMcCutcheon
Race Date:
2019/05/30
Race Number:
R3
Decision:
As Ms O’Beirne admitted the breach the charge was deemed proved.
Penalty:
Accordingly, Ms O’Beirne is suspended from the close of racing on Saturday, June 1st up to and including racing on Thursday, June 13th.
Facts:
Following Race 3 (Martin Beveridge Ltd 1550) Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that C O’Beirne used her whip excessively prior to the 100m without the necessary respite.
Mr Balcombe played the videos from the top of the straight through until the finish. Ms O’Beirne, riding HINEPARA, was in the middle of the track and leading when she commenced to use her whip. Up to the 100m mark, Mr Balcombe counted 9 strikes.
Ms O’Beirne suggested there might only be eight; however, Mr Balcombe took the videos back to the top of the straight and showed where she used the whip once before pausing for a few strides and starting again. It was agreed that there were 9 strikes in total.
Submissions for Penalty:
Mr Balcombe said this was Ms O’Beirne’s fifth charge of excessive whip use within the last 12 month period. Previous charges were:
5/7/18 $300
26/7/18 $500
20/12/18 6 days suspension
19/1/19 9 days suspension
The Stewards described today’s breach as low-end and submitted that a suspension was an appropriate penalty.
Ms O’Beirne conceded she misjudged the number of times she struck her mount but said she didn’t hit it hard and over the final 100m she only used the whip three times.
Ms Clapperton said that Ms O’Beirne has been working very hard on trying to correct her whip use and has certainly improved over the last few months.
In case of suspension, Ms O’Beirne advised of riding commitments on Wanganui on June 1st.
Reasons for Penalty:
The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days
In determining penalty, the Committee considered all submissions.
Ms O’Beirne is an apprentice rider (a3), and while her use of the whip was outside of the guidelines, we placed the breach at the low end of the scale. We based this on the total number of strikes and the fact that she did not use undue force.
Ms O’Beirne has a poor record of excessive use of the whip, however, as Ms Clapperton pointed out, there has been an improvement since January. We note that it has been over 4 months since her last breach and in our opinion, Ms O’Berine should be given credit for addressing this aspect of her riding. Each case presents its own set of circumstances, and after taking into account all factors, it was our opinion that a 7-day suspension was an appropriate penalty for today’s breach.
Ms O’Beirne was advised that any further breaches in the near future would likely attract a more severe 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: 3c388d7d3e962a4aea735a525d1789cf
informantnumber: A11605
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/05/2019
hearing_title: Feilding JC 30 May 2019 – R 3 - Chair, Mrs N Moffatt
charge:
facts:
Following Race 3 (Martin Beveridge Ltd 1550) Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that C O’Beirne used her whip excessively prior to the 100m without the necessary respite.
Mr Balcombe played the videos from the top of the straight through until the finish. Ms O’Beirne, riding HINEPARA, was in the middle of the track and leading when she commenced to use her whip. Up to the 100m mark, Mr Balcombe counted 9 strikes.
Ms O’Beirne suggested there might only be eight; however, Mr Balcombe took the videos back to the top of the straight and showed where she used the whip once before pausing for a few strides and starting again. It was agreed that there were 9 strikes in total.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms O’Beirne admitted the breach the charge was deemed proved.
sumissionsforpenalty:
Mr Balcombe said this was Ms O’Beirne’s fifth charge of excessive whip use within the last 12 month period. Previous charges were:
5/7/18 $300
26/7/18 $500
20/12/18 6 days suspension
19/1/19 9 days suspension
The Stewards described today’s breach as low-end and submitted that a suspension was an appropriate penalty.
Ms O’Beirne conceded she misjudged the number of times she struck her mount but said she didn’t hit it hard and over the final 100m she only used the whip three times.
Ms Clapperton said that Ms O’Beirne has been working very hard on trying to correct her whip use and has certainly improved over the last few months.
In case of suspension, Ms O’Beirne advised of riding commitments on Wanganui on June 1st.
reasonsforpenalty:
The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days
In determining penalty, the Committee considered all submissions.
Ms O’Beirne is an apprentice rider (a3), and while her use of the whip was outside of the guidelines, we placed the breach at the low end of the scale. We based this on the total number of strikes and the fact that she did not use undue force.
Ms O’Beirne has a poor record of excessive use of the whip, however, as Ms Clapperton pointed out, there has been an improvement since January. We note that it has been over 4 months since her last breach and in our opinion, Ms O’Berine should be given credit for addressing this aspect of her riding. Each case presents its own set of circumstances, and after taking into account all factors, it was our opinion that a 7-day suspension was an appropriate penalty for today’s breach.
Ms O’Beirne was advised that any further breaches in the near future would likely attract a more severe penalty.
penalty:
Accordingly, Ms O’Beirne is suspended from the close of racing on Saturday, June 1st up to and including racing on Thursday, June 13th.
hearing_type: Hearing
Rules: Rule 638(3) (b) (ii)
Informant: Mr D Balcombe - Stipendiary Steward
JockeysandTrainer: Ms C O'Beirne - Apprentice Rider, Ms K Clapperton
Otherperson: Mr N Goodwin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: eda8efde1a35afb86db7978e8434d378
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 043dddcdeadce39ec68789a6a5aa74f2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/05/2019
meet_title: Feilding JC - 30 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: feilding-jc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: NMcCutcheon
meet_pm2: none
name: Feilding JC