R Te Aroha 3 July 2016 – R 8 – Chair, Mr A Dooley
ID: JCA12878
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 3 July 2016
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2016/07/03
Race Number:
R8
Decision:
As Mr Tata admitted the breach we find the charge proved.
Penalty:
Accordingly, Mr Tata was fined $350.
In conclusion the Committee advised Mr Tata with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
Facts:
Following the running of race 8, Don Paterson Farewell 1600, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Mr Tata used the whip excessively on his mount PAID PRIORITY.
Mr Tata acknowledged that he understood the Rule and admitted the breach.
Rule 638(3) (b) provides A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
Mr Oatham demonstrated on the video films that Mr Tata used his whip 10 times prior to the 200 metres. He added that Stewards had some concern after the 200 metres when PAID PRIORITY was giving ground and Mr Tata continued to use his whip for a few strides. He stated the strength of the strikes were reasonably severe.
Mr Tata confirmed that he struck his mount 10 times prior to the 200 metres. He said it was clear on the films and recognised it was excessive.
Submissions for Penalty:
Mr Coles produced Mr Tata’s record which showed no previous breach under this Rule in the last 12 months. He added that Mr Tata incurred a warning for excessive whip use on 1 April 2016. Mr Coles submitted a fine in the vicinity of $200.
Mr Tata submitted that a $200 fine would be a fair penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Tata’s admission of the breach and his clear record under this Rule in the last 12 months. The Committee assess the number of strikes (10) was low to mid – range and the severity of strikes was mid to high range. We acknowledge the frequency of strikes were not continuous and there were clear pauses.
The Committee note that Mr Tata incurred a warning early this year for excessive use of the whip. However, we did not penalise him for this fact.
The Committee did inform Mr Tata that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension. It is recognised that Mr Tata, as a high -weight and jumps rider, has limited opportunities in comparison to that of a flat rider however excessive use of the whip will not be tolerated.
The Committee reminded Mr Tata regarding animal welfare issues and public perception when it came to whip offences.
After taking into account all the above the Committee considers an appropriate penalty was a $350 fine on this occasion.
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: 640f56db7b24c440372a16682942d026
informantnumber: A7869
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 04/07/2016
hearing_title: R Te Aroha 3 July 2016 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, Don Paterson Farewell 1600, an Information was filed pursuant to Rule 638(3) (b) (ii). The Informant, Mr Coles, alleged that Mr Tata used the whip excessively on his mount PAID PRIORITY.
Mr Tata acknowledged that he understood the Rule and admitted the breach.
Rule 638(3) (b) provides A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
Mr Oatham demonstrated on the video films that Mr Tata used his whip 10 times prior to the 200 metres. He added that Stewards had some concern after the 200 metres when PAID PRIORITY was giving ground and Mr Tata continued to use his whip for a few strides. He stated the strength of the strikes were reasonably severe.
Mr Tata confirmed that he struck his mount 10 times prior to the 200 metres. He said it was clear on the films and recognised it was excessive.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Tata admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Tata’s record which showed no previous breach under this Rule in the last 12 months. He added that Mr Tata incurred a warning for excessive whip use on 1 April 2016. Mr Coles submitted a fine in the vicinity of $200.
Mr Tata submitted that a $200 fine would be a fair penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors were Mr Tata’s admission of the breach and his clear record under this Rule in the last 12 months. The Committee assess the number of strikes (10) was low to mid – range and the severity of strikes was mid to high range. We acknowledge the frequency of strikes were not continuous and there were clear pauses.
The Committee note that Mr Tata incurred a warning early this year for excessive use of the whip. However, we did not penalise him for this fact.
The Committee did inform Mr Tata that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension. It is recognised that Mr Tata, as a high -weight and jumps rider, has limited opportunities in comparison to that of a flat rider however excessive use of the whip will not be tolerated.
The Committee reminded Mr Tata regarding animal welfare issues and public perception when it came to whip offences.
After taking into account all the above the Committee considers an appropriate penalty was a $350 fine on this occasion.
penalty:
Accordingly, Mr Tata was fined $350.
In conclusion the Committee advised Mr Tata with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr A Tata - Class D Jockey
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ed2a3b841f8a635becf0733e9cd11d10
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: 0f1e5b4d8ca56366465d1457a10a426e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/07/2016
meet_title: Racing Te Aroha - 3 July 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Racing Te Aroha