Archive Decision

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Canterbury JC 11 November 2017 – R 6 – Chair, Mrs N Moffatt

ID: JCA12965

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Ms S MacNab - Apprentice Rider

Other Person:
Mr D Walsh - Apprentice Jockey Mentor assisting Ms MacNab, Mr M Davidson - Stipendiary Steward

Information Number:
A6392

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 11 November 2017

Meet Chair:
NMoffatt

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/11/11

Race Number:
R 6

Decision:

As Ms MacNab admitted the breach the charge was found to be proved.

Penalty:

Accordingly Ms MacNab was fined the sum of $300.

Facts:

Following Race 6, M Social Auckland Premier, Mr Oatham lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that S MacNab (BISOU BISOU) used her whip excessively prior to the 100m.

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” provide:
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.

Ms MacNab is apprenticed to trainer Mr K Myers but was assisted today by apprentice mentor, Mr David Walsh. Ms MacNab acknowledged she understood the rule and confirmed her admission of the breach.

Mr Oatham had Mr Davidson demonstrate the breach using the head-on video. From the 600m Ms MacNab used the whip a total of 14 times with breaks of only three strides.

Both Ms MacNab and Mr Walsh agreed that was a fair assessment by the Stewards.

Submissions for Penalty:

Mr Oatham said Ms MacNab has a clear record under this rule and submitted that a monetary penalty in line with a first breach would be an appropriate penalty.

Mr Walsh said excessive whip use was a recurring problem for many riders coming to Riccarton, not just apprentices but senior riders as well. He said while it was not a defence they “did seem to get a bit lost” on the Riccarton track. Mr Walsh said Ms MacNab erred in not breaking her whip use up and she would learn from the experience.

Reasons for Penalty:

New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines pertaining to whip use came into effect on November 1st.

The updated starting points for breaches of Rule 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension

The Committee adopted the first breach starting point of $300. It was our opinion the breach sat in the low range. Ms MacNab did give respite of three strides but not the required minimum of five and her strikes were not forceful. There were no aggravating factors.

We did not afford Ms MacNab any discount for her admission of the charge as it was inevitable that the breach would have been found proved.

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: 6f33fa15c65de3e928ba51d0dba82d38


informantnumber: A6392


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 12/11/2017


hearing_title: Canterbury JC 11 November 2017 - R 6 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 6, M Social Auckland Premier, Mr Oatham lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that S MacNab (BISOU BISOU) used her whip excessively prior to the 100m.

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” provide:
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.

Ms MacNab is apprenticed to trainer Mr K Myers but was assisted today by apprentice mentor, Mr David Walsh. Ms MacNab acknowledged she understood the rule and confirmed her admission of the breach.

Mr Oatham had Mr Davidson demonstrate the breach using the head-on video. From the 600m Ms MacNab used the whip a total of 14 times with breaks of only three strides.

Both Ms MacNab and Mr Walsh agreed that was a fair assessment by the Stewards.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms MacNab admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Oatham said Ms MacNab has a clear record under this rule and submitted that a monetary penalty in line with a first breach would be an appropriate penalty.

Mr Walsh said excessive whip use was a recurring problem for many riders coming to Riccarton, not just apprentices but senior riders as well. He said while it was not a defence they “did seem to get a bit lost” on the Riccarton track. Mr Walsh said Ms MacNab erred in not breaking her whip use up and she would learn from the experience.


reasonsforpenalty:

New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines pertaining to whip use came into effect on November 1st.

The updated starting points for breaches of Rule 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension

The Committee adopted the first breach starting point of $300. It was our opinion the breach sat in the low range. Ms MacNab did give respite of three strides but not the required minimum of five and her strikes were not forceful. There were no aggravating factors.

We did not afford Ms MacNab any discount for her admission of the charge as it was inevitable that the breach would have been found proved.


penalty:

Accordingly Ms MacNab was fined the sum of $300.


hearing_type: Hearing


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


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Ms S MacNab - Apprentice Rider


Otherperson: Mr D Walsh - Apprentice Jockey Mentor assisting Ms MacNab, Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 52bc144b9253def539062e303edea72c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: dd56c56321a8e47debd81ea7648f6e69


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/11/2017


meet_title: Canterbury Racing - 11 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury Racing