Waikato RC 25 November 2020 – R 2 – Chair, Mr G Jones
ID: JCA12911
Code:
Thoroughbred
Meet Title:
Waikato RC - 25 November 2020
Meet Chair:
GJones
Race Date:
2020/11/25
Race Number:
R2
Decision:
As Mr Ormsby admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Ormsby’s deferment is granted and his licence is suspended from after racing on 28 November 2020 until after racing on 10 December 2020.
Note: The Cromwell meeting on 29 November 2020, this meeting is not included in the suspension as rider declarations are closed.
Facts:
This charge arises from the running of Race 2, the Adashiko Fashion Stakes 12/12. An Information was filed pursuant to Rule 638 (3)(b)(ii) by the Informant, Mr Jones, alleging that Mr Ormsby used his whip excessively when riding OUR BEESKEES prior to the 100 metres.
Mr Ormsby said that he understood the Rule and confirmed he admitted the breach.
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:
(i)-unnecessary, or
(ii)-excessive, or
(iii)-improper
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(i)-The whip should not be used on more than 5 occasions.
(ii)-The whip should not be used in consecutive strides.
(iii)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.
Using available race film footage Senior Stipendiary Steward Mr Williamson demonstrated the breach. He identified OUR BEESKEES (C ORMSBY) racing in a 4-wide position and challenging for the lead as the field entered the home straight. Mr Williamson pointed out, that Mr Ormsby struck his mount 8 times prior to the 100 metres. He added that 2 of the strikes were consecutive and OUR BEESKEES won the race.
In response Mr Ormsby said he felt that his mount was responding to his urgings with the whip and tried to count the number of strikes, but clearly miscounted.
Submissions for Penalty:
Mr Jones said that this is Mr Ormsby’s third breach of the whip rule in the past 12 months, with the first breach having occurred on 22 August 2020 and the second on 30 September 2020. Mr Jones said that in consideration of penalty there are no reasons to deviate from the JCA Guide. He added that although Mr Ormsby won the race an uplift was not sought and noted that the rider of the second placed horse also breached the whip rule (and will be facing a similar charge).
Mr Ormsby submitted that he has been back race riding since the (COVID 19) lockdown after a long layoff and has had in excess of 200 rides. He said that although this is his third breach of the whip rule, his overall record is good. Mr Ormsby said that he would prefer a fine as opposed to a suspension but indicated that if a suspension was proposed a deferment until after racing on 28 November 2020 was sought.
Reasons for Penalty:
The JCA Penalty Guide starting point for a third breach of this rule is a 6-day suspension. This is inclusive of the admission of the breach and the riders’ record, in this case 3rd breach. On that basis 6 days was adopted as the starting point.
The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard the number of strikes was confirmed as being 8 and noted that, for the most part, they were not forceful but 2 of the strikes were continuous.
In order to deviate from the 6-day starting point compelling extenuating circumstances would need to exist. In this case there are no such circumstances and the Committee imposed a 6 (national day) suspension which is in conformity with the Guide.
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: 6799eec7ee66dab8ca73692ba3d4e672
informantnumber: A14010
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/11/2020
hearing_title: Waikato RC 25 November 2020 – R 2 – Chair, Mr G Jones
charge:
facts:
This charge arises from the running of Race 2, the Adashiko Fashion Stakes 12/12. An Information was filed pursuant to Rule 638 (3)(b)(ii) by the Informant, Mr Jones, alleging that Mr Ormsby used his whip excessively when riding OUR BEESKEES prior to the 100 metres.
Mr Ormsby said that he understood the Rule and confirmed he admitted the breach.
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:
(i)-unnecessary, or
(ii)-excessive, or
(iii)-improper
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(i)-The whip should not be used on more than 5 occasions.
(ii)-The whip should not be used in consecutive strides.
(iii)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.
Using available race film footage Senior Stipendiary Steward Mr Williamson demonstrated the breach. He identified OUR BEESKEES (C ORMSBY) racing in a 4-wide position and challenging for the lead as the field entered the home straight. Mr Williamson pointed out, that Mr Ormsby struck his mount 8 times prior to the 100 metres. He added that 2 of the strikes were consecutive and OUR BEESKEES won the race.
In response Mr Ormsby said he felt that his mount was responding to his urgings with the whip and tried to count the number of strikes, but clearly miscounted.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Ormsby admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that this is Mr Ormsby’s third breach of the whip rule in the past 12 months, with the first breach having occurred on 22 August 2020 and the second on 30 September 2020. Mr Jones said that in consideration of penalty there are no reasons to deviate from the JCA Guide. He added that although Mr Ormsby won the race an uplift was not sought and noted that the rider of the second placed horse also breached the whip rule (and will be facing a similar charge).
Mr Ormsby submitted that he has been back race riding since the (COVID 19) lockdown after a long layoff and has had in excess of 200 rides. He said that although this is his third breach of the whip rule, his overall record is good. Mr Ormsby said that he would prefer a fine as opposed to a suspension but indicated that if a suspension was proposed a deferment until after racing on 28 November 2020 was sought.
reasonsforpenalty:
The JCA Penalty Guide starting point for a third breach of this rule is a 6-day suspension. This is inclusive of the admission of the breach and the riders’ record, in this case 3rd breach. On that basis 6 days was adopted as the starting point.
The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard the number of strikes was confirmed as being 8 and noted that, for the most part, they were not forceful but 2 of the strikes were continuous.
In order to deviate from the 6-day starting point compelling extenuating circumstances would need to exist. In this case there are no such circumstances and the Committee imposed a 6 (national day) suspension which is in conformity with the Guide.
penalty:
Accordingly, Mr Ormsby’s deferment is granted and his licence is suspended from after racing on 28 November 2020 until after racing on 10 December 2020.
Note: The Cromwell meeting on 29 November 2020, this meeting is not included in the suspension as rider declarations are closed.
hearing_type: Hearing
Rules: Rule 638 (3)(b)(ii) and 802 1(a)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr C Ormsby - Rider of OUR BEESKEES
Otherperson: Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ecbc6d06d4e41b92aea83dfb50259fd6
race_expapproval:
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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: 9da55e8b45cce2900511fefe62cef3a2
meet_expapproval:
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/11/2020
meet_title: Waikato RC - 25 November 2020
meet_expappcomment:
meet_km:
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tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: none
meet_pm2: none
name: Waikato RC