Archive Decision

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Wellington RC 5 May 2019 -R6- Chair Mr P Williams

ID: JCA13334

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Ms T Newman - Apprentice Jockey

Other Person:
Mr D Balcombe - Stipendiary Steward, Ms K Clapperton - Apprentice Jockey Mentor

Information Number:
A12279

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

Rules:
638(3)(b)(11)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wellington RC - 5 May 2019

Meet Chair:
PWilliams

Meet Committee Member 1:
TUtikere

Race Date:
2019/05/05

Race Number:
R6

Decision:

As Ms Newman admitted the breach the charge was found proved.

Penalty:

Ms Newman is fined $500.

Facts:

Following the running of race 6, the “Melody Belle Cup”, Information A12279 was filed by Stipendiary Steward Mr N Goodwin under Rule 638(3)(b)(ii). The Information stated “Apprentice T Newman used her whip excessively prior to the 100m”. Ms Newman signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that she understood the Rule and associated Guidelines under which she was charged. She was assisted in the hearing by Apprentice Mentor Ms K Clapperton,

Rule 638(3)(b) 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.

Stipendiary Steward Mr Balcombe used the side-on view of the race from the top of the straight to identify Ms Newman on “Roll The Gold” who was racing in mid-field. Mr Goodwin said from the 350m to the 100m Ms Newman struck her horse 11 times and whilst there were some brief pauses none were for the required 5 strides.

Ms Newman did not disagree with Mr Goodwin’s interpretation of the film and said she had been caught out by the length of the straight at Trentham. Ms Clapperton said Ms Newman had briefly paused whilst using her whip but forgot how many strikes she had given her horse prior to each pause which had led to the count of 11 strikes.

Submissions for Penalty:

Mr Goodwin said Ms Newman had breached this Rule at Te Rapa 9 February 2019 where she had been fined $350. He said as this was her second breach in 12 months a $500 fine was an appropriate penalty.

Ms Newman reiterated the earlier comments of Ms Clapperton detailed above and Ms Clapperton had no additional comments to make.

Reasons for Penalty:

The Committee has reviewed the film of the race from the top of the straight to the 100m mark and taken into account the submissions made. The JCA Penalty Guide starting point for a 2nd breach of excessive use of the whip is a $500 fine which was adopted. This starting point allows for an admission of the breach.  There were no aggravating factors that warranted an uplift in penalty.

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: 638dd2e54fdf62ea1338cab51f302b86


informantnumber: A12279


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 05/05/2019


hearing_title: Wellington RC 5 May 2019 -R6- Chair Mr P Williams


charge:


facts:

Following the running of race 6, the “Melody Belle Cup”, Information A12279 was filed by Stipendiary Steward Mr N Goodwin under Rule 638(3)(b)(ii). The Information stated “Apprentice T Newman used her whip excessively prior to the 100m”. Ms Newman signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that she understood the Rule and associated Guidelines under which she was charged. She was assisted in the hearing by Apprentice Mentor Ms K Clapperton,

Rule 638(3)(b) 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.

Stipendiary Steward Mr Balcombe used the side-on view of the race from the top of the straight to identify Ms Newman on “Roll The Gold” who was racing in mid-field. Mr Goodwin said from the 350m to the 100m Ms Newman struck her horse 11 times and whilst there were some brief pauses none were for the required 5 strides.

Ms Newman did not disagree with Mr Goodwin’s interpretation of the film and said she had been caught out by the length of the straight at Trentham. Ms Clapperton said Ms Newman had briefly paused whilst using her whip but forgot how many strikes she had given her horse prior to each pause which had led to the count of 11 strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Newman admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Goodwin said Ms Newman had breached this Rule at Te Rapa 9 February 2019 where she had been fined $350. He said as this was her second breach in 12 months a $500 fine was an appropriate penalty.

Ms Newman reiterated the earlier comments of Ms Clapperton detailed above and Ms Clapperton had no additional comments to make.


reasonsforpenalty:

The Committee has reviewed the film of the race from the top of the straight to the 100m mark and taken into account the submissions made. The JCA Penalty Guide starting point for a 2nd breach of excessive use of the whip is a $500 fine which was adopted. This starting point allows for an admission of the breach.  There were no aggravating factors that warranted an uplift in penalty.


penalty:

Ms Newman is fined $500.


hearing_type: Hearing


Rules: 638(3)(b)(11)


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Ms T Newman - Apprentice Jockey


Otherperson: Mr D Balcombe - Stipendiary Steward, Ms K Clapperton - Apprentice Jockey Mentor


PersonPresent:


Respondent:


StipendSteward:


raceid: c9dbfae9c4b5922186b85edb63ce2d0a


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: fb7e8129b4869db6128ce2d2589b5360


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/05/2019


meet_title: Wellington RC - 5 May 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wellington-rc


meet_racingtype: thoroughbred-racing


meet_chair: PWilliams


meet_pm1: TUtikere


meet_pm2: none


name: Wellington RC