Waikato RC 21 December 2019 – R 5 – Chair, Mr A Dooley
ID: JCA13240
Code:
Thoroughbred
Meet Title:
Waikato RC - 21 December 2019
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2019/12/21
Race Number:
R5
Decision:
As Mr Kareem admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Kareem was fined $500.
Facts:
Following the running of race 5, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Kareem used his whip excessively when riding SEEMAX in the final straight.
Mr Kareem said that he understood the Rule and confirmed he admitted the breach. Mr Harris assisted Mr Kareem at the hearing.
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.
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
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.
Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:
(vi) using the whip with the arm above shoulder height.
Mr Jones demonstrated the incident using the available video footage. He identified Mr Kareem and showed that he struck his mount 8 times in the final straight. He said the whip was used each time with the arm above shoulder height which is a breach of the Whip Guidelines. He added that the whip was used with significant force.
Mr Kareem said that he accepted Mr Jones’ interpretation of the incident and said he would learn from the experience.
Mr Harris said that Mr Kareem’s style was “ugly” and he was very disappointed with Mr Kareem actions.
Submissions for Penalty:
Mr Williamson said that Mr Kareem had a clear record under this Rule since the new Whip Guidelines were effective on 7 October 2019. He said that Mr Kareem has had 83 rides in his career to date and he was a relatively new rider. He said the aggravating factors were Mr Kareem won the race and there was some force applied. He submitted that a fine of no less than $300 should be imposed.
Mr Kareem accepted that a fine would be imposed.
Mr Harris reiterated that he was very disappointed in Mr Kareem’s excessive use of the whip.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which we adopted. This fine includes admission of the breach and a clear record.
We note that SEEMAX won the race by a short neck. The manner in which Mr Kareem used his whip on 8 occasions above shoulder height was unnecessary and unacceptable. The force applied was high range and it is clear that Mr Kareem will have to change his whip action. These combined aggravating factors warranted a $200 uplift in penalty.
The Committee explained to Mr Kareem that the use of the whip is a hot topic in the Racing Industry around the world at present. We told him that animal welfare and public perception is paramount.
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: 56683fe766a4c08847c1021ff542eace
informantnumber: A11350
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 23/12/2019
hearing_title: Waikato RC 21 December 2019 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Kareem used his whip excessively when riding SEEMAX in the final straight.
Mr Kareem said that he understood the Rule and confirmed he admitted the breach. Mr Harris assisted Mr Kareem at the hearing.
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.
Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
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.
Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:
(vi) using the whip with the arm above shoulder height.
Mr Jones demonstrated the incident using the available video footage. He identified Mr Kareem and showed that he struck his mount 8 times in the final straight. He said the whip was used each time with the arm above shoulder height which is a breach of the Whip Guidelines. He added that the whip was used with significant force.
Mr Kareem said that he accepted Mr Jones’ interpretation of the incident and said he would learn from the experience.
Mr Harris said that Mr Kareem’s style was “ugly” and he was very disappointed with Mr Kareem actions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Kareem admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Kareem had a clear record under this Rule since the new Whip Guidelines were effective on 7 October 2019. He said that Mr Kareem has had 83 rides in his career to date and he was a relatively new rider. He said the aggravating factors were Mr Kareem won the race and there was some force applied. He submitted that a fine of no less than $300 should be imposed.
Mr Kareem accepted that a fine would be imposed.
Mr Harris reiterated that he was very disappointed in Mr Kareem’s excessive use of the whip.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which we adopted. This fine includes admission of the breach and a clear record.
We note that SEEMAX won the race by a short neck. The manner in which Mr Kareem used his whip on 8 occasions above shoulder height was unnecessary and unacceptable. The force applied was high range and it is clear that Mr Kareem will have to change his whip action. These combined aggravating factors warranted a $200 uplift in penalty.
The Committee explained to Mr Kareem that the use of the whip is a hot topic in the Racing Industry around the world at present. We told him that animal welfare and public perception is paramount.
penalty:
Accordingly, Mr Kareem was fined $500.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr M Kareem - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 12d0a9b32c8d24572ff1d865921e82fa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3471bdb3b67c1014aeacb7375169bdd8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/12/2019
meet_title: Waikato RC - 21 December 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Waikato RC