Archive Decision

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Levin RC 25 November 2016 – R 5 – Chair, Mr N McCutcheon

ID: JCA12299

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr R Hannam - Licensed Jockey

Information Number:
A6996

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Levin RC - 25 November 2016

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
PWilliams

Race Date:
2016/11/25

Race Number:
R 5

Decision:

As the charge was admitted it was deemed to be proved by the Judicial Committee.

Penalty:

Mr Hannam’s Jockey’s License was suspended from the end of racing on 27 November up to and including racing on 2 December 2016 (2 days) and fined $750.

The days being:
1 December - New Plymouth
2 December - Canterbury

Facts:

Following the running of Race 5, (Chaineys Panasonic Levin Stakes), Information A6996 was filed with the Judicial Committee. It alleged a breach of Rule 638(3)(b)(ii) by licensed Jockey Mr Hannam.

The Information stated that Mr Hannam used his whip excessively prior to the 200m when riding NORTH AND SOUTH.

Rule 638(3)(b)(ii) provides:
A rider shall not: (b) strike a horse with a whip in a manner or to an extent which is…(ii)…excessive.

Mr Hannam confirmed that he understood the Rule and that he admitted the breach.

Mr Oatham showed the films and said that Mr Hannam had struck his mount NORTH AND SOUTH 12 times from the top of the straight up until the 200m, with only one break of 3 strides.

Mr Hannam had nothing to say except that he agreed with the Steward’s interpretation.

Submissions for Penalty:

Mr Oatham said that Mr Hannam had a very good record for the past 12 months up until 19 November 2016 when he was fined $300 for excessive use of the whip. He said that an aggravating factor was that Mr Hannam went on and won the race and that it was the second breach within a week. Mr Oatham invited the committee to take into account that Mr Hannam had admitted the breach and said that similar offences had been met with a 2-day suspension.

Mr Oatham was asked by the Chair as to the view of the RIU in imposing a suspension and a fine for a breach of the Rule. Mr Oatham responded by saying that they were against such penalties for careless riding but perhaps would be comfortable with a fine also on this occasion.

Mr Hannam said that he was riding up to 27 November and that if a suspension was to be imposed it should start after that date and that he would like to be back for 3 December at Trentham as he had an important engagement in a Group Race on that day.

Reasons for Penalty:

The aggravating factors to be considered were that it was Mr Hannam’s second breach of the Rule within a week, that the horse was struck 12 times prior to the 200m with a respite of only 3 strides, that the horse may have gained an unfair advantage as it went on to win the race by a half-neck over the strong-finishing SUMMER’S DAY whose rider did not breach the excessive whip use rule. The committee also took into account that it was a listed race with a stake of $50,000 (the winning Jockey’s share being approximately $1550).

The only mitigating factor was that Mr Hannam had admitted the breach of the Rule.

The JCA guideline for a second breach of Rule 638(3)(b)(ii) within a 6 month period is for a 3-5 riding day suspension.

Following careful consideration regarding penalty, the committee determined that a suspension and a fine would be 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: 4b32d28841fd2bcdc08cca44c684eef7


informantnumber: A6996


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 28/11/2016


hearing_title: Levin RC 25 November 2016 - R 5 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 5, (Chaineys Panasonic Levin Stakes), Information A6996 was filed with the Judicial Committee. It alleged a breach of Rule 638(3)(b)(ii) by licensed Jockey Mr Hannam.

The Information stated that Mr Hannam used his whip excessively prior to the 200m when riding NORTH AND SOUTH.

Rule 638(3)(b)(ii) provides:
A rider shall not: (b) strike a horse with a whip in a manner or to an extent which is…(ii)…excessive.

Mr Hannam confirmed that he understood the Rule and that he admitted the breach.

Mr Oatham showed the films and said that Mr Hannam had struck his mount NORTH AND SOUTH 12 times from the top of the straight up until the 200m, with only one break of 3 strides.

Mr Hannam had nothing to say except that he agreed with the Steward’s interpretation.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was deemed to be proved by the Judicial Committee.


sumissionsforpenalty:

Mr Oatham said that Mr Hannam had a very good record for the past 12 months up until 19 November 2016 when he was fined $300 for excessive use of the whip. He said that an aggravating factor was that Mr Hannam went on and won the race and that it was the second breach within a week. Mr Oatham invited the committee to take into account that Mr Hannam had admitted the breach and said that similar offences had been met with a 2-day suspension.

Mr Oatham was asked by the Chair as to the view of the RIU in imposing a suspension and a fine for a breach of the Rule. Mr Oatham responded by saying that they were against such penalties for careless riding but perhaps would be comfortable with a fine also on this occasion.

Mr Hannam said that he was riding up to 27 November and that if a suspension was to be imposed it should start after that date and that he would like to be back for 3 December at Trentham as he had an important engagement in a Group Race on that day.


reasonsforpenalty:

The aggravating factors to be considered were that it was Mr Hannam’s second breach of the Rule within a week, that the horse was struck 12 times prior to the 200m with a respite of only 3 strides, that the horse may have gained an unfair advantage as it went on to win the race by a half-neck over the strong-finishing SUMMER’S DAY whose rider did not breach the excessive whip use rule. The committee also took into account that it was a listed race with a stake of $50,000 (the winning Jockey’s share being approximately $1550).

The only mitigating factor was that Mr Hannam had admitted the breach of the Rule.

The JCA guideline for a second breach of Rule 638(3)(b)(ii) within a 6 month period is for a 3-5 riding day suspension.

Following careful consideration regarding penalty, the committee determined that a suspension and a fine would be imposed.


penalty:

Mr Hannam’s Jockey’s License was suspended from the end of racing on 27 November up to and including racing on 2 December 2016 (2 days) and fined $750.

The days being:
1 December - New Plymouth
2 December - Canterbury


hearing_type: Hearing


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


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr R Hannam - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


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meetid: e9f95a3730b381fa87d49d5558f1e60d


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meetdate: 25/11/2016


meet_title: Levin RC - 25 November 2016


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meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


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name: Levin RC