Counties RC 11 August 2018 -R 5 – Chair, Mr BJ Scott
ID: JCA12982
Code:
Thoroughbred
Meet Title:
Counties RC - 11 August 2018
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2018/08/11
Race Number:
R6
Decision:
The breach is admitted and therefore the charge is proved.
Penalty:
This Committee imposes a fine of $300 on Mr Mansour.
Facts:
Following the running of the MARTIN " SMOKEY" MORGAN MEMORIAL 1400, an Information was lodged by Senior Stipendiary Steward, Mr M Williamson against Class A Rider, Mr D Mansour alleging that Mr Mansour used his whip excessively prior to the 100 metres mark when riding MUTECHI.
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 use of whip guidelines state : 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 a Race , offcial trial or jump-out a horse may be struck with the drawn whip up to 5 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 Mansour was present at the Hearing and after some discussion he acknowledged that he understood the rule and that he admitted the breach.
Me Williamson explained to the Committee that today was Mr Mansour's first day riding in New Zealand. He said that Stipendiary Steward, Mr A Coles had explained the Use of Whip Guidelines to Mr Mansour prior to the start of the meeting but Mr Mansour appears to have not properly understood the explanation. Mr Williamson said however that Mr Mansour's interpretation was wrong and he said that ignorance of the Rule was no defence.
Stipendiary Steward, Mr B Jones demonstrated the incident by use of the race films and he showed where prior to the 100 metres mark Mr Mansour had struck his horse 13 or 14 times. He said that there was not the required respite but he did say that the strikes were not forceful and that the whip use was well below shoulder height.
Mr Mansour said that he thought that he could use the whip 5 times in a row and then stop and then start again for 5 times. He said that he was very confused with the Guidelines . He said that he had ridden in a number of countries and all whip rules were different.
He said that he had completlely misunderstood the whip guidelines.
Submissions for Penalty:
Mr Williamson produced Mr Mansour's South African riding record but he did say that there appeared to be a complete misunderstanding on Mr Mansour's part of his obligations under the Rule and more particularly the whip guidelines.
He submitted that Mr Mansour's admission of the breach and his misunderstanding could be taken into account when assessing penalty. He submitted that a fine was appropriate.
Mr Mansour for his part still appeared to be somewhat confused and the Committee with the assistance of Mr Williamson took time to further explain the Use of Whip Guidelines to him.
The Committee also explained the penalties for first, second and subsequent breaches of this Rule.
Reasons for Penalty:
The Committee has listened to the parties and has also reviewed the films. The Stipendiary Stewards have taken the time to explain the whip guidelines to Mr Mansour prior to the start of the meeting. He is an experienced Rider but obviously he has misunderstood the whip guidelines. We take this misunderstanding into account and also give him credit for his admission of the breach.
We are told that this is his first day riding in New Zealand and although he is an experienced Rider we have taken the above matters into account and we give him the benefit of the doubt and treat this as a first offence under the Rule and the Guidelines and will deal with it by way of a $300 fine.
We have again warned Mr Mansour about the penalties for a second and subsequent breach.
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: 7117e1d03cb680bdbbe7336b520bed3f
informantnumber: A11053
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive whip use
plea: admitted
penaltyrequired: 1
decisiondate: 14/08/2018
hearing_title: Counties RC 11 August 2018 -R 5 - Chair, Mr BJ Scott
charge:
facts:
Following the running of the MARTIN " SMOKEY" MORGAN MEMORIAL 1400, an Information was lodged by Senior Stipendiary Steward, Mr M Williamson against Class A Rider, Mr D Mansour alleging that Mr Mansour used his whip excessively prior to the 100 metres mark when riding MUTECHI.
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 use of whip guidelines state : 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 a Race , offcial trial or jump-out a horse may be struck with the drawn whip up to 5 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 Mansour was present at the Hearing and after some discussion he acknowledged that he understood the rule and that he admitted the breach.
Me Williamson explained to the Committee that today was Mr Mansour's first day riding in New Zealand. He said that Stipendiary Steward, Mr A Coles had explained the Use of Whip Guidelines to Mr Mansour prior to the start of the meeting but Mr Mansour appears to have not properly understood the explanation. Mr Williamson said however that Mr Mansour's interpretation was wrong and he said that ignorance of the Rule was no defence.
Stipendiary Steward, Mr B Jones demonstrated the incident by use of the race films and he showed where prior to the 100 metres mark Mr Mansour had struck his horse 13 or 14 times. He said that there was not the required respite but he did say that the strikes were not forceful and that the whip use was well below shoulder height.
Mr Mansour said that he thought that he could use the whip 5 times in a row and then stop and then start again for 5 times. He said that he was very confused with the Guidelines . He said that he had ridden in a number of countries and all whip rules were different.
He said that he had completlely misunderstood the whip guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is proved.
sumissionsforpenalty:
Mr Williamson produced Mr Mansour's South African riding record but he did say that there appeared to be a complete misunderstanding on Mr Mansour's part of his obligations under the Rule and more particularly the whip guidelines.
He submitted that Mr Mansour's admission of the breach and his misunderstanding could be taken into account when assessing penalty. He submitted that a fine was appropriate.
Mr Mansour for his part still appeared to be somewhat confused and the Committee with the assistance of Mr Williamson took time to further explain the Use of Whip Guidelines to him.
The Committee also explained the penalties for first, second and subsequent breaches of this Rule.
reasonsforpenalty:
The Committee has listened to the parties and has also reviewed the films. The Stipendiary Stewards have taken the time to explain the whip guidelines to Mr Mansour prior to the start of the meeting. He is an experienced Rider but obviously he has misunderstood the whip guidelines. We take this misunderstanding into account and also give him credit for his admission of the breach.
We are told that this is his first day riding in New Zealand and although he is an experienced Rider we have taken the above matters into account and we give him the benefit of the doubt and treat this as a first offence under the Rule and the Guidelines and will deal with it by way of a $300 fine.
We have again warned Mr Mansour about the penalties for a second and subsequent breach.
penalty:
This Committee imposes a fine of $300 on Mr Mansour.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr D Mansour - class A Rider
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 886224637e53090f4ac1f0aba8b578de
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 89be4065f8687c4d78df9cebfea2b071
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/08/2018
meet_title: Counties RC - 11 August 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Counties RC