Canterbury R 21 March 2020 – R 5 – Chair, Mr S Ching
ID: JCA13324
Code:
Thoroughbred
Meet Title:
Canterbury JC - 21 March 2020
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2020/03/21
Race Number:
R 5
Decision:
Mr Hong having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Hong is fined the sum of $300.
Facts:
Following the running of Race 5, R Redpath Ltd, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Apprentice Jockey (Class B), Mr B B Hong, alleging that, as the rider of MAMBA in the race, he struck his mount 8 times prior to the 100m.
Mr Hong was present at the hearing of the information and had endorsed the information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with. Mr Hong was assisted at the hearing by NZTR Apprentice Jockey Mentor, Mr D Walsh.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (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.
Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Hong riding MAMBA, racing midfield and 2 off the fence approaching the 400m. Near the 400m Mr Hong drew the whip and used it on 8 occasions prior to the 100m. Mr Oatham stated that it was the sheer number of strikes prior to the 100m that brought about the charge. He said that Mr Hong did not use the whip consecutively.
Mr Walsh stated that the first 3 strikes were backhanders with low force.
Submissions for Penalty:
Mr Oatham told the Committee that Mr Hong had a clear record in relation to this rule since the reset in October 2019 and this was his first offence. He said that the breach was low level and there were no aggravating factors to consider and submitted that a fine as per the JCA Penalty Guide be considered as penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first offence of this rule. We agreed with Mr Oatham that there were no aggravating factors to consider, therefore no uplift in penalty warranted.
The Committee therefore determined that a fine of $300 was appropriate.
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: 6239f5c7a3f8e41227a18759504582dd
informantnumber: A12814
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/03/2020
hearing_title: Canterbury R 21 March 2020 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, R Redpath Ltd, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Apprentice Jockey (Class B), Mr B B Hong, alleging that, as the rider of MAMBA in the race, he struck his mount 8 times prior to the 100m.
Mr Hong was present at the hearing of the information and had endorsed the information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with. Mr Hong was assisted at the hearing by NZTR Apprentice Jockey Mentor, Mr D Walsh.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (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.
Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Hong riding MAMBA, racing midfield and 2 off the fence approaching the 400m. Near the 400m Mr Hong drew the whip and used it on 8 occasions prior to the 100m. Mr Oatham stated that it was the sheer number of strikes prior to the 100m that brought about the charge. He said that Mr Hong did not use the whip consecutively.
Mr Walsh stated that the first 3 strikes were backhanders with low force.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Hong having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that Mr Hong had a clear record in relation to this rule since the reset in October 2019 and this was his first offence. He said that the breach was low level and there were no aggravating factors to consider and submitted that a fine as per the JCA Penalty Guide be considered as penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first offence of this rule. We agreed with Mr Oatham that there were no aggravating factors to consider, therefore no uplift in penalty warranted.
The Committee therefore determined that a fine of $300 was appropriate.
penalty:
Accordingly, Mr Hong is fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr B B Hong - Licensed Apprentice Jockey (Class B)
Otherperson: Mr D Walsh - NZTR Apprentice Jockey Mentor, Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9106809dce411ac49e5647e772aed664
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f4fb30429081ae677fb3011eafbf2ec1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/03/2020
meet_title: Canterbury JC - 21 March 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury JC