Ashburton RC 14 March 2019 – R 1 – Chair, Mr S Ching
ID: JCA13573
Code:
Thoroughbred
Meet Title:
Ashburton RC - 14 March 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/03/14
Race Number:
R1
Decision:
Miss Comignaghi having admitted the breach; the charge was found proved.
Penalty:
Miss Comignaghi is suspended from the conclusion of racing today 14 March up to and including 25 March 2019.
Of note, the meetings at Te Aroha on 15 March, Wellington and Tauranga on 16 March and Woodville 17 March, were not included in the suspension period as the riders were already declared for these meetings.
Facts:
Following the running of Race 1, the Sims Bakery Rating 72 1200, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Miss A Comignaghi, alleging that, as the rider of BARABAS in the race, “used her whip in an excessive manner prior to the 100m.”
Miss Comignaghi was present at the hearing of the information. Miss Comignaghi had endorsed the information that the breach was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with. Miss Comignaghi also stated that she did not require assistance at the hearing.
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:
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.
Mr Wadley, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and showed video replays of the final 200 metres of the race. He pointed out Miss Comignaghi riding BARABAS, racing 4 wide and contention passing the 200m. He said that Miss Comignaghi drew the whip and used it in rapid succession on 11 occasions, without respite, prior to the 100m. Mr McLaughlin stated that the strikes were not forceful but the lack of respite as per the Guidelines was the reason for the charge.
Miss Comignaghi stated that she had misjudged where the 100m was and by the time she realised where it was, it was too late.
Submissions for Penalty:
Mr Wadley told the Committee that Miss Comignaghi’s record showed 2 previous breaches over the past 12 months being on 22 September 2018 at Riccarton where she received a $500 fine and at Riverton on 31 March 2018, a $300 fine. Mr Wadley stated that the JCA Penalty Guide provided a 6 to 8 National day suspension for a 3rd and subsequent breach of this rule within a 12-month period. Mr McLaughlin stated that the breach was low range. Mr Wadley submitted that he would leave it up to the Committee to determine an appropriate penalty.
Deferment was discussed but as there were no relevant meetings to consider over the next seven days, deferment was not an option for Miss Comignaghi.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a 6 to 8 National day suspension, mitigation inclusive, for a 3rd or subsequent breach of this rule. We determined that the breach was low level and therefore adopted a 6-day starting point. There were no aggravating factors to consider, therefore no uplift in penalty warranted. The Committee therefore determined that a 6 National Day suspension was an appropriate 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: 484007e9ea5257872d0bd8499769dfac
informantnumber: A5439
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 16/03/2019
hearing_title: Ashburton RC 14 March 2019 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the Sims Bakery Rating 72 1200, an information was filed by Stipendiary Steward, Mr J McLaughlin, against Licensed Apprentice Jockey (Class B), Miss A Comignaghi, alleging that, as the rider of BARABAS in the race, “used her whip in an excessive manner prior to the 100m.”
Miss Comignaghi was present at the hearing of the information. Miss Comignaghi had endorsed the information that the breach was admitted which she confirmed at the hearing. She also confirmed that she understood the rule she was being charged with. Miss Comignaghi also stated that she did not require assistance at the hearing.
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:
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.
Mr Wadley, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and showed video replays of the final 200 metres of the race. He pointed out Miss Comignaghi riding BARABAS, racing 4 wide and contention passing the 200m. He said that Miss Comignaghi drew the whip and used it in rapid succession on 11 occasions, without respite, prior to the 100m. Mr McLaughlin stated that the strikes were not forceful but the lack of respite as per the Guidelines was the reason for the charge.
Miss Comignaghi stated that she had misjudged where the 100m was and by the time she realised where it was, it was too late.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Comignaghi having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Wadley told the Committee that Miss Comignaghi’s record showed 2 previous breaches over the past 12 months being on 22 September 2018 at Riccarton where she received a $500 fine and at Riverton on 31 March 2018, a $300 fine. Mr Wadley stated that the JCA Penalty Guide provided a 6 to 8 National day suspension for a 3rd and subsequent breach of this rule within a 12-month period. Mr McLaughlin stated that the breach was low range. Mr Wadley submitted that he would leave it up to the Committee to determine an appropriate penalty.
Deferment was discussed but as there were no relevant meetings to consider over the next seven days, deferment was not an option for Miss Comignaghi.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a 6 to 8 National day suspension, mitigation inclusive, for a 3rd or subsequent breach of this rule. We determined that the breach was low level and therefore adopted a 6-day starting point. There were no aggravating factors to consider, therefore no uplift in penalty warranted. The Committee therefore determined that a 6 National Day suspension was an appropriate penalty.
penalty:
Miss Comignaghi is suspended from the conclusion of racing today 14 March up to and including 25 March 2019.
Of note, the meetings at Te Aroha on 15 March, Wellington and Tauranga on 16 March and Woodville 17 March, were not included in the suspension period as the riders were already declared for these meetings.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: J McLaughlin- Stipendiary Steward
JockeysandTrainer: A Comignaghi-Licensed Apprentice Jockey (Class B)
Otherperson: D Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5fbf0d3f97eaf723f056c5121d15a921
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 73385054d80f40e5f3da7d8f49a27ae4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/03/2019
meet_title: Ashburton RC - 14 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Ashburton RC