R Rotorua 13 September 2015 – R 3 – Chair, Mr A Dooley
ID: JCA12202
Code:
Thoroughbred
Meet Title:
Racing Rotorua - 13 September 2015
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2015/09/13
Race Number:
R 3
Decision:
As Mr Gibbs - Manssen admitted the breach the charge was found to be proved.
Penalty:
Accordingly, Mr Gibbs - Manssen had his license to ride in races suspended for a period to commence after racing on 13 September and conclude after racing on 25 September 2015 (2 days).
Meetings included:
17 September Wanganui
25 September Te Aroha.
Facts:
Following the running of race 3, SWEENEY TOWNSEND INSURANCE BROKERS ROTORUA & BAY OF PLENTY HUNT CUP, an Information was filed pursuant to Rule 638 (3)(b). The Informant, Mr Coles, alleged that Mr Gibbs – Manssen used the whip in an excessive manner when riding MASTER MICHAEL.
Mr Gibbs - Manssen acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
Rule 638(3) (b) provides that ' A Rider shall not strike a horse with a whip in a manner or to an extent which is excessive, unnecessary or improper'.
Mr Williamson identified on the video footage that passing the 600 metres Mr Gibbs – Manssen commenced to use his whip when racing in 2nd position. He said from the 600 metres up until the 200 metres Mr Gibbs – Manssen hit his mount 18 times without the required six stride respite. He acknowledged there were some pauses for 2 or 3 strides between strikes.
Mr Williamson initially counted a total of 21 strikes but reduced it to 18 because some of the strikes he said may be “waves”. He added this breach is clearly one of the higher ones the Stewards have seen for a while.
Mr Gibbs – Manssen told the Committee that he was tired after riding in the first two races and he conceded that he hit his horse too many times (18). He advised that this is the first time he had used the whip on this horse. He further explained that when MASTER MICHAEL run 2nd at its previous start he only used hands and heels on that occasion.
In response to a question from the Committee, Mr Gibbs – Manssen stated he used the whip today because he thought he was going to win the race and the horse needed more encouragement, the horse ran 3rd in the race.
Submissions for Penalty:
Mr Coles produced Mr Gibbs – Manssen’s record which he said showed no previous breach under this Rule. He advised that Mr Gibbs – Manssen was charged on 31 July 2015 for striking a horse when it was out of contention and a $300 fine was imposed. Mr Coles submitted this breach could be dealt with by way of a monetary penalty of no less than $300.
Mr Gibbs – Manssen advised the Committee that he could pay a fine if it was not too high and that he was intending to ride at Te Aroha on 25 September.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The only mitigating fact is Mr Gibbs – Manssen’s admission of the breach. This Committee dealt with Mr Gibbs – Manssen on 31 July when he was charged under this rule for striking his mount unnecessarily when it was out of contention. Therefore this is his 2nd breach of this rule as opposed to Mr Coles' submission regarding his record. The Committee had advised Mr Gibbs – Manssen on 31 July 2015 that an updated JCA Penalty Guide came into effect on May 1st 2015. It states where there is a second breach within 6 months for excessive, unnecessary or improper use of the whip the starting point is a 3-5 riding day suspension.
The intention is obviously to deter repeat offenders. The Committee gave consideration to the Stewards’ submission for a monetary penalty but it was our opinion that the new guidelines were put in place to send a clear message to riders that excessive, unnecessary or improper whip use will not be tolerated.
The notable aggravating factors are this is Mr Gibbs- Manssen’s 2nd breach of this rule in a short period of time and the number of strikes (18) is in the high range. This is mitigated by the frequency and severity of strikes which we assess as low range.
The Committee had regard for the fact Mr Gibbs – Manssen has limited riding opportunities but we are also mindful Mr Gibbs - Manssen has received tuition for his use of the whip from Apprentice Jockey mentor Mr N Harris.
After taking into account all of the above the Committee considers that a two day suspension is an appropriate penalty on this occasion.
The Committee notes that Mr Gibbs – Manssen advised us he has no intention of riding at Wanganui on 17 September so effectively it is only a 1 day suspension due to Te Aroha 25 September being the last Jumps meeting of the season.
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: 3f356f2993c37f6e7f737981dd72830c
informantnumber: A4386
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 14/09/2015
hearing_title: R Rotorua 13 September 2015 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, SWEENEY TOWNSEND INSURANCE BROKERS ROTORUA & BAY OF PLENTY HUNT CUP, an Information was filed pursuant to Rule 638 (3)(b). The Informant, Mr Coles, alleged that Mr Gibbs – Manssen used the whip in an excessive manner when riding MASTER MICHAEL.
Mr Gibbs - Manssen acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
Rule 638(3) (b) provides that ' A Rider shall not strike a horse with a whip in a manner or to an extent which is excessive, unnecessary or improper'.
Mr Williamson identified on the video footage that passing the 600 metres Mr Gibbs – Manssen commenced to use his whip when racing in 2nd position. He said from the 600 metres up until the 200 metres Mr Gibbs – Manssen hit his mount 18 times without the required six stride respite. He acknowledged there were some pauses for 2 or 3 strides between strikes.
Mr Williamson initially counted a total of 21 strikes but reduced it to 18 because some of the strikes he said may be “waves”. He added this breach is clearly one of the higher ones the Stewards have seen for a while.
Mr Gibbs – Manssen told the Committee that he was tired after riding in the first two races and he conceded that he hit his horse too many times (18). He advised that this is the first time he had used the whip on this horse. He further explained that when MASTER MICHAEL run 2nd at its previous start he only used hands and heels on that occasion.
In response to a question from the Committee, Mr Gibbs – Manssen stated he used the whip today because he thought he was going to win the race and the horse needed more encouragement, the horse ran 3rd in the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Gibbs - Manssen admitted the breach the charge was found to be proved.
sumissionsforpenalty:
Mr Coles produced Mr Gibbs – Manssen’s record which he said showed no previous breach under this Rule. He advised that Mr Gibbs – Manssen was charged on 31 July 2015 for striking a horse when it was out of contention and a $300 fine was imposed. Mr Coles submitted this breach could be dealt with by way of a monetary penalty of no less than $300.
Mr Gibbs – Manssen advised the Committee that he could pay a fine if it was not too high and that he was intending to ride at Te Aroha on 25 September.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The only mitigating fact is Mr Gibbs – Manssen’s admission of the breach. This Committee dealt with Mr Gibbs – Manssen on 31 July when he was charged under this rule for striking his mount unnecessarily when it was out of contention. Therefore this is his 2nd breach of this rule as opposed to Mr Coles' submission regarding his record. The Committee had advised Mr Gibbs – Manssen on 31 July 2015 that an updated JCA Penalty Guide came into effect on May 1st 2015. It states where there is a second breach within 6 months for excessive, unnecessary or improper use of the whip the starting point is a 3-5 riding day suspension.
The intention is obviously to deter repeat offenders. The Committee gave consideration to the Stewards’ submission for a monetary penalty but it was our opinion that the new guidelines were put in place to send a clear message to riders that excessive, unnecessary or improper whip use will not be tolerated.
The notable aggravating factors are this is Mr Gibbs- Manssen’s 2nd breach of this rule in a short period of time and the number of strikes (18) is in the high range. This is mitigated by the frequency and severity of strikes which we assess as low range.
The Committee had regard for the fact Mr Gibbs – Manssen has limited riding opportunities but we are also mindful Mr Gibbs - Manssen has received tuition for his use of the whip from Apprentice Jockey mentor Mr N Harris.
After taking into account all of the above the Committee considers that a two day suspension is an appropriate penalty on this occasion.
The Committee notes that Mr Gibbs – Manssen advised us he has no intention of riding at Wanganui on 17 September so effectively it is only a 1 day suspension due to Te Aroha 25 September being the last Jumps meeting of the season.
penalty:
Accordingly, Mr Gibbs - Manssen had his license to ride in races suspended for a period to commence after racing on 13 September and conclude after racing on 25 September 2015 (2 days).
Meetings included:
17 September Wanganui
25 September Te Aroha.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr M Gibbs - Manssen - Class D Jockey
Otherperson: Mr M Williamson -Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e4d7e68ee2c5c61df3a29c880e1252b0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ba94296dc3a0c12323b112fa46c322aa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/09/2015
meet_title: Racing Rotorua - 13 September 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-rotorua
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Racing Rotorua