Archive Decision

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Waikato RC 11 November 2017 – R 2 – Chair, Mr A Dooley

ID: JCA12516

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Ms A Sims - Apprentice Rider

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A9484

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 11 November 2017

Meet Chair:
ADooley

Meet Committee Member 1:
ASmith

Race Date:
2017/11/11

Race Number:
R2

Decision:

As Ms Sims admitted the breach the Committee found the charge proved.

Penalty:

Ms Sims was fined $500.

In conclusion the Committee advised Ms Sims that a 3rd breach of this Rule in 12 months would result in a suspension.

Facts:

Following the running of race 2, Techo LTD 2100, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Ms Sims used her whip excessively on ARITE GURU prior to the 100 metres.

Ms Sims acknowledged that she understood the Rule and confirmed her admission of the breach. Ms Sims advised that she did not need any assistance at the hearing in the absence of Apprentice Jockey Mentor, Mr Harris.

Rule 638(3)(b)(ii) provides: A Rider shall not:

(ii) strike a horse with a whip in a manner or to an extent which is excessive

The “Guidelines With Respect to Acceptable Use of the Whip” effective 1 August 2017 provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr Coles demonstrated the incident using the available video footage. He identified Ms Sims and showed that she struck her mount 11 times prior to the 100 metres. He said that Ms Sims has 2 breaks of 4 strides but not for the minimum 5 strides.

Ms Sims accepted Mr Coles’ interpretation of the incident and had nothing further to add.

Submissions for Penalty:

Mr Williamson said that Ms Sims had breached this Rule on 6 September and incurred a $300 fine.

Ms Sims made no submissions on penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The starting point for a 2nd breach of this Rule is a $500 fine. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.

When reviewing the incident it was clear that the 11 strikes were not forceful and there were 2 clear breaks of 4 strides.

ARITE GURU finished in 6th place.

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: 6604655a6946d68531eac18fcefdc65b


informantnumber: A9484


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 12/11/2017


hearing_title: Waikato RC 11 November 2017 - R 2 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 2, Techo LTD 2100, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Ms Sims used her whip excessively on ARITE GURU prior to the 100 metres.

Ms Sims acknowledged that she understood the Rule and confirmed her admission of the breach. Ms Sims advised that she did not need any assistance at the hearing in the absence of Apprentice Jockey Mentor, Mr Harris.

Rule 638(3)(b)(ii) provides: A Rider shall not:

(ii) strike a horse with a whip in a manner or to an extent which is excessive

The “Guidelines With Respect to Acceptable Use of the Whip” effective 1 August 2017 provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr Coles demonstrated the incident using the available video footage. He identified Ms Sims and showed that she struck her mount 11 times prior to the 100 metres. He said that Ms Sims has 2 breaks of 4 strides but not for the minimum 5 strides.

Ms Sims accepted Mr Coles’ interpretation of the incident and had nothing further to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Sims admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson said that Ms Sims had breached this Rule on 6 September and incurred a $300 fine.

Ms Sims made no submissions on penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The starting point for a 2nd breach of this Rule is a $500 fine. The expectation is that no reduction in penalty is applied unless there are exceptional circumstances.

When reviewing the incident it was clear that the 11 strikes were not forceful and there were 2 clear breaks of 4 strides.

ARITE GURU finished in 6th place.


penalty:

Ms Sims was fined $500.

In conclusion the Committee advised Ms Sims that a 3rd breach of this Rule in 12 months would result in a suspension.


hearing_type: Hearing


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


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Ms A Sims - Apprentice Rider


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9575756d820ffc40c4fd0e30757c74d3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 391d8ae33eace075c2a670dc5658dacd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/11/2017


meet_title: Waikato RC - 11 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: ASmith


meet_pm2: none


name: Waikato RC