Waipukurau JC 28 September 2017 – R 7 – Chair, Mr T Utikere
ID: JCA12246
Code:
Thoroughbred
Meet Title:
Waipukurau JC - 28 September 2017
Meet Chair:
TUtikere
Meet Committee Member 1:
TCastles
Race Date:
2017/09/28
Race Number:
R7
Decision:
As the charge was admitted, the committee deemed the charge proved.
Penalty:
Mr Johnson's licence is suspended from the close of racing on Saturday 30 September until the close of racing on Thursday 12 October. This incorporates the Waverley (5th), Hawke's Bay (7th) and Wairarapa (12th) meetings.
Facts:
Following the running of Race 7 (RACES @ WAIPUKURAU 10 DECEMBER MILE), Information A9207 was filed with the Judicial Committee. It alleged a breach of Rule 638(3)(b)(ii) and stated: "That T Johnson used his whip excessively prior to the 100m without the necessary respite".
Mr Johnson, assisted by Mr K Smith, confirmed that he understood the rule and that he admitted the breach.
Using the available films, Mr Williamson identified Mr Johnson's horse (TO SIR WITH LOVE) positioned directly outside the leader in the home straight. Mr Johnson was observed to strike his horse 12 times without the necessary respite prior to the 100 metre marker. Three strikes were on the shoulder, and Mr Williamson advised that once a rider's hands left the rein, they were to be considered as a strike. Mr Johnson had given a four stride respite, but not the necessary five stride respite that was required.
Mr Johnson identified that the breach was straight forward as the film had identified, and Mr Smith believed the offending was at the lower end of the scale, but that Mr Johnson had not taken a pause for the required five strides.
Submissions for Penalty:
Mr Balcombe identified that this was Mr Johnson's third breach since 1 August. His first breach was on 5 August at Riccarton ($250 fine) and his most recent breach was on 21 September at Wanganui ($500). He identified the JCA Penalty Guidelines starting point for a third breach as a three to five days suspension, and submitted that a suspension was appropriate.
Mr Johnson confirmed that he was a Central Districts rider and identified that any period of suspension could commence after racing at Taranaki on Saturday 30 September. He, along with Mr Smith, had no further submissions on penalty.
Reasons for Penalty:
The committee considered all of the submissions placed before it and identified that new whip guidelines were introduced with effect from 1 August this year. The JCA Penalty Guidelines were also adjusted and a third breach of this rule attracts a starting point of a three to five days period of suspension. Mr Johnson did give his mount respite for four strides, but was one stride short of the required five strides, so his consecutive whip count continued rather than being reset; resulting in a total of 12 strikes prior to the 100 metres. We adopt a starting point of three days suspension, and when we consider the context of this breach, we do not believe an uplift is warranted. We determined that a three day period of suspension is appropriate on this ocassion.
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: 45d8dddd99d0b84be3608de9bd4816b0
informantnumber: A9207
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 01/10/2017
hearing_title: Waipukurau JC 28 September 2017 - R 7 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 7 (RACES @ WAIPUKURAU 10 DECEMBER MILE), Information A9207 was filed with the Judicial Committee. It alleged a breach of Rule 638(3)(b)(ii) and stated: "That T Johnson used his whip excessively prior to the 100m without the necessary respite".
Mr Johnson, assisted by Mr K Smith, confirmed that he understood the rule and that he admitted the breach.
Using the available films, Mr Williamson identified Mr Johnson's horse (TO SIR WITH LOVE) positioned directly outside the leader in the home straight. Mr Johnson was observed to strike his horse 12 times without the necessary respite prior to the 100 metre marker. Three strikes were on the shoulder, and Mr Williamson advised that once a rider's hands left the rein, they were to be considered as a strike. Mr Johnson had given a four stride respite, but not the necessary five stride respite that was required.
Mr Johnson identified that the breach was straight forward as the film had identified, and Mr Smith believed the offending was at the lower end of the scale, but that Mr Johnson had not taken a pause for the required five strides.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the committee deemed the charge proved.
sumissionsforpenalty:
Mr Balcombe identified that this was Mr Johnson's third breach since 1 August. His first breach was on 5 August at Riccarton ($250 fine) and his most recent breach was on 21 September at Wanganui ($500). He identified the JCA Penalty Guidelines starting point for a third breach as a three to five days suspension, and submitted that a suspension was appropriate.
Mr Johnson confirmed that he was a Central Districts rider and identified that any period of suspension could commence after racing at Taranaki on Saturday 30 September. He, along with Mr Smith, had no further submissions on penalty.
reasonsforpenalty:
The committee considered all of the submissions placed before it and identified that new whip guidelines were introduced with effect from 1 August this year. The JCA Penalty Guidelines were also adjusted and a third breach of this rule attracts a starting point of a three to five days period of suspension. Mr Johnson did give his mount respite for four strides, but was one stride short of the required five strides, so his consecutive whip count continued rather than being reset; resulting in a total of 12 strikes prior to the 100 metres. We adopt a starting point of three days suspension, and when we consider the context of this breach, we do not believe an uplift is warranted. We determined that a three day period of suspension is appropriate on this ocassion.
penalty:
Mr Johnson's licence is suspended from the close of racing on Saturday 30 September until the close of racing on Thursday 12 October. This incorporates the Waverley (5th), Hawke's Bay (7th) and Wairarapa (12th) meetings.
hearing_type: Hearing
Rules: Rule 638(3)(b)(ii)
Informant: Mr D Balcombe - Stipendiary Steward
JockeysandTrainer: Mr T Johnson - Apprentice Jockey
Otherperson: Mr K Smith - Licensed Jockey assisting Mr Johnson, Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c1b16a010445b54f062e06ade8eb3d7c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6c274ee4af1ae5f70cb3af87603193da
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/09/2017
meet_title: Waipukurau JC - 28 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waipukurau-jc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: TCastles
meet_pm2: none
name: Waipukurau JC