Archive Decision

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R Rotorua 15 May 2021 – R 5 – Chair, Hon J W Gendall QC

ID: JCA12197

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Ms T Thornton - Class A Licensed Jockey

Other Person:
Ms V Algar - Stipendiary Steward

Information Number:
A14420

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Rotorua - 15 May 2021

Meet Chair:
ASmith

Meet Committee Member 1:
BScott

Race Date:
2021/05/15

Race Number:
R 5

Decision:

As Ms Thornton admitted the breach, it was deemed proved.

Penalty:

Ms Thornton is fined $300.

Facts:

Following the running of Race 5, the Sherlock Contracting 1560, Mr Williamson presented an Information charging Ms Thornton with a breach of Rule 638(3)(b)(ii) in that she struck her mount VOLITIVO with the whip in a manner that was excessive in that her whip use was with her arm raised above shoulder height.

Rule 638(3)(b) is the "Whip Use" Rule and includes the "manner" of striking a mount.  The Guidelines known to all Riders includes the prohibition of whip use with the arm raised above shoulder height.

Ms Thornton admitted the breach.

Mr Williamson illustrated from the race films the manner of Ms Thornton's whip use over the final 300 metres where she struck her mount several times with her whip arm raised well above shoulder height.  She did not breach the Guidelines for the number of strikes, but it was the manner of her use that was in breach of the requirements.

Ms Thornton said she overreacted to ensure her mount won the race, as it did.

Submissions for Penalty:

Mr Williamson advised that Ms Thornton had had no previous breaches of the Rule in the last 6 months.  A penalty of $300 was sought.

Ms Thornton accepted that a fine was appropriate.

Reasons for Penalty:

The recent Guidelines for Whip Rule breaches provide a starting point, in a case where no offending occurred in the past 6 months, of a fine of $300.  We accept that, and as there are no aggravating factors, a fine of $300 is imposed.

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: 3ea895cf9992b7aff6e08deeae7ab032


informantnumber: A14420


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 17/05/2021


hearing_title: R Rotorua 15 May 2021 - R 5 - Chair, Hon J W Gendall QC


charge:


facts:

Following the running of Race 5, the Sherlock Contracting 1560, Mr Williamson presented an Information charging Ms Thornton with a breach of Rule 638(3)(b)(ii) in that she struck her mount VOLITIVO with the whip in a manner that was excessive in that her whip use was with her arm raised above shoulder height.

Rule 638(3)(b) is the "Whip Use" Rule and includes the "manner" of striking a mount.  The Guidelines known to all Riders includes the prohibition of whip use with the arm raised above shoulder height.

Ms Thornton admitted the breach.

Mr Williamson illustrated from the race films the manner of Ms Thornton's whip use over the final 300 metres where she struck her mount several times with her whip arm raised well above shoulder height.  She did not breach the Guidelines for the number of strikes, but it was the manner of her use that was in breach of the requirements.

Ms Thornton said she overreacted to ensure her mount won the race, as it did.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Thornton admitted the breach, it was deemed proved.


sumissionsforpenalty:

Mr Williamson advised that Ms Thornton had had no previous breaches of the Rule in the last 6 months.  A penalty of $300 was sought.

Ms Thornton accepted that a fine was appropriate.


reasonsforpenalty:

The recent Guidelines for Whip Rule breaches provide a starting point, in a case where no offending occurred in the past 6 months, of a fine of $300.  We accept that, and as there are no aggravating factors, a fine of $300 is imposed.


penalty:

Ms Thornton is fined $300.


hearing_type: Hearing


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


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Ms T Thornton - Class A Licensed Jockey


Otherperson: Ms V Algar - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 580bd52ad3daefa3aa073240eccf3c15


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 42e710145737e8fb0ef77a28f343b86b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/05/2021


meet_title: Racing Rotorua - 15 May 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-rotorua


meet_racingtype: thoroughbred-racing


meet_chair: ASmith


meet_pm1: BScott


meet_pm2: none


name: Racing Rotorua