Counties RC 26 January 2018 – R 8 – Chair, Mr B Scott
ID: JCA12474
Code:
Thoroughbred
Meet Title:
Counties RC - 26 January 2018
Meet Chair:
BScott
Meet Committee Member 1:
ASmith
Race Date:
2018/01/26
Race Number:
R8
Decision:
The breach is admitted and therefore the charge is upheld.
Penalty:
This Committee orders a suspension of Mr Dell's Riders Licence to commence on the 31st of January 2018 and to conclude after racing on the 8th of February 2018 ( 6 National Riding days ).
Facts:
Following the running of the CRC MEMBERS 1600, an Information was lodged by Stipendiary Steward, Mr A Coles against Class A Rider, Mr C Dell alleging that Mr Dell used his whip excessively prior to the 100 metres mark when riding PROJECT.
Rule 638(3)(b)(ii) provides : a Rider shall not strike a horse with a whip in a manner or to an extent which is excessive.
The NZTR approved Whip Guidelines essentially provide that between the 600 metres mark and the 100 metres mark a Rider may strike his/her horse 5 times but must then stop for 5 strides. The 5 on 5 off policy to apply up to the 100 metres mark.
Mr Dell said that he understood the Rule and the Guidelines and that he did not admit the breach.
Senior Stipendiary Steward, Mr M Williamson demonstrated the incident by use of the race films. He advised the Committee that he would show the incident twice and the first time he would show the number of strikes and the second time he would show the number of pauses.
He showed that prior to the 100 metres mark there were 9 strikes with the whip. In showing the pauses he said that there were some pauses but they were not sufficient. He said there needs to be a clear break of 5 strides and in this instance Mr Dell hit his horse on the 5th stride. This was not the required 5 strides in terms of the Guidelines.
Mr Williamson further said that when a horse takes a stride its head goes down and he demonstrated this on the films. He said that there were pauses of 3 strides, 3 strides and 4 strides.
Mr Dell said that it was questionable whether it was on the 5th stride. He said "I have given it 5 pushes and then used the whip".
After a discussion of Mr Williamson's demonstration of how the strides are counted Mr Dell asked to change his plea and he admitted the breach.
Submissions for Penalty:
Mr Coles said that this was Mr Dell's 3rd breach of this Rule with previous breaches being on the 6th September 2017 and the 8th of September 2017. He was fined $300 and $500 respectively. He said that in terms of the Guidelines he was seeking a suspension of Mr Dell's Licence.
He did say in mitigation that the use of the whip was low end both in force and the number of strikes.
Mr Dell said that he thought that his use of the whip was within the Guidelines and that is why he initially defended the charge.
He advised the Committee that he would take his suspension as soon as possible.
The Committee pointed out to Mr Dell that the riders for the upcoming Whakatane Racing Club meeting had already been declared and therefore we would not take that meeting into account.
Reasons for Penalty:
The Committee has closely viewed the race films and has taken into account how the strides are determined. Mr Dell is in breach of the Rule but not by much. We have taken into account that the incident is low level both in force and numbers.
This is Mr Dell's 3rd breach of this Rule and in terms of the Guidelines a suspension at a starting point of 6 to 8 National Riding days is to be imposed.
Taking into account the above matters we believe that a penalty of 6 National Riding days is appropriate.
JCA Decision Fields (raw)
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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: 60efa5bef6f47c4dbbd0dda756061858
informantnumber: A10121
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 31/01/2018
hearing_title: Counties RC 26 January 2018 - R 8 - Chair, Mr B Scott
charge:
facts:
Following the running of the CRC MEMBERS 1600, an Information was lodged by Stipendiary Steward, Mr A Coles against Class A Rider, Mr C Dell alleging that Mr Dell used his whip excessively prior to the 100 metres mark when riding PROJECT.
Rule 638(3)(b)(ii) provides : a Rider shall not strike a horse with a whip in a manner or to an extent which is excessive.
The NZTR approved Whip Guidelines essentially provide that between the 600 metres mark and the 100 metres mark a Rider may strike his/her horse 5 times but must then stop for 5 strides. The 5 on 5 off policy to apply up to the 100 metres mark.
Mr Dell said that he understood the Rule and the Guidelines and that he did not admit the breach.
Senior Stipendiary Steward, Mr M Williamson demonstrated the incident by use of the race films. He advised the Committee that he would show the incident twice and the first time he would show the number of strikes and the second time he would show the number of pauses.
He showed that prior to the 100 metres mark there were 9 strikes with the whip. In showing the pauses he said that there were some pauses but they were not sufficient. He said there needs to be a clear break of 5 strides and in this instance Mr Dell hit his horse on the 5th stride. This was not the required 5 strides in terms of the Guidelines.
Mr Williamson further said that when a horse takes a stride its head goes down and he demonstrated this on the films. He said that there were pauses of 3 strides, 3 strides and 4 strides.
Mr Dell said that it was questionable whether it was on the 5th stride. He said "I have given it 5 pushes and then used the whip".
After a discussion of Mr Williamson's demonstration of how the strides are counted Mr Dell asked to change his plea and he admitted the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is upheld.
sumissionsforpenalty:
Mr Coles said that this was Mr Dell's 3rd breach of this Rule with previous breaches being on the 6th September 2017 and the 8th of September 2017. He was fined $300 and $500 respectively. He said that in terms of the Guidelines he was seeking a suspension of Mr Dell's Licence.
He did say in mitigation that the use of the whip was low end both in force and the number of strikes.
Mr Dell said that he thought that his use of the whip was within the Guidelines and that is why he initially defended the charge.
He advised the Committee that he would take his suspension as soon as possible.
The Committee pointed out to Mr Dell that the riders for the upcoming Whakatane Racing Club meeting had already been declared and therefore we would not take that meeting into account.
reasonsforpenalty:
The Committee has closely viewed the race films and has taken into account how the strides are determined. Mr Dell is in breach of the Rule but not by much. We have taken into account that the incident is low level both in force and numbers.
This is Mr Dell's 3rd breach of this Rule and in terms of the Guidelines a suspension at a starting point of 6 to 8 National Riding days is to be imposed.
Taking into account the above matters we believe that a penalty of 6 National Riding days is appropriate.
penalty:
This Committee orders a suspension of Mr Dell's Riders Licence to commence on the 31st of January 2018 and to conclude after racing on the 8th of February 2018 ( 6 National Riding days ).
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr C Dell - Class A Rider
Otherperson: Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: be7839aabad5e19c39b0445f988b4e6d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 019af966def64bcda6aa408a8c511670
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/01/2018
meet_title: Counties RC - 26 January 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: BScott
meet_pm1: ASmith
meet_pm2: none
name: Counties RC