Archive Decision

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Canterbury JC 15 February 2018 – R 1 – Chair, Mr S Ching

ID: JCA13588

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr K Mudhoo - Licensed Apprentice Jockey (Class B)

Other Person:
Mr D Walsh - Apprentice Jockey Mentor, Mr J Oatham - Chief Stipendiary Steward

Information Number:
A7720

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 15 February 2018

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/02/15

Race Number:
R 1

Decision:

Mr Mudhoo having admitted the breach; the charge was found proved.

Penalty:

Mr Mudhoo is fined the sum of $400.

Facts:

Following the running of Race 1, the Riccarton Park Function Centre Maiden, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Apprentice Jockey (Class B), Mr K Mudhoo, alleging that he used his whip excessively on his mount FEROCIOUS prior to the 100m.

Mr Mudhoo was present at the hearing of the information and was assisted at the hearing by NZTR Apprentice Jockey Mentor, Mr D Walsh. Mr Mudhoo 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.

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 Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, showed video replays of the final 300-400 metres of the race. He pointed out Mr Mudhoo riding FEROCIOUS in a challenging position approximately 4 off the rail. Mr Oatham showed that inside the 400m, Mr Mudhoo drew the whip and struck FEROCIOUS 10 times with only brief pauses prior to the 100m. which is outside the Guidelines requirements.

Mr Mudhoo did not dispute the number of strikes.

Submissions for Penalty:

Mr Davidson told the Committee that Mr Mudhoo had a clear record under the Rule. He said the JCA Penalty Guide provides a $300 fine for an initial breach of this rule. The only aggravating factor was the fact that Mr Mudhoo had won the race by a narrow margin which he submitted should be taken into consideration.

Mr Mudhoo elected to make no submissions on penalty.

Reasons for Penalty:

In determining penalty, the Committee had regard to the starting point of a $300 fine mitigation inclusive, for a first breach of this Rule. The only aggravating factor was the fact that Mr Mudhoo eventually won the race by a narrow margin which the Committee determined, warranted an uplift in penalty. This we set at $100. We therefore determined that a fine of $400 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: 4a4408ecd8b83d1c6e50a93fc7cf4b3a


informantnumber: A7720


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 19/02/2018


hearing_title: Canterbury JC 15 February 2018 - R 1 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 1, the Riccarton Park Function Centre Maiden, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Apprentice Jockey (Class B), Mr K Mudhoo, alleging that he used his whip excessively on his mount FEROCIOUS prior to the 100m.

Mr Mudhoo was present at the hearing of the information and was assisted at the hearing by NZTR Apprentice Jockey Mentor, Mr D Walsh. Mr Mudhoo 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.

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 Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, showed video replays of the final 300-400 metres of the race. He pointed out Mr Mudhoo riding FEROCIOUS in a challenging position approximately 4 off the rail. Mr Oatham showed that inside the 400m, Mr Mudhoo drew the whip and struck FEROCIOUS 10 times with only brief pauses prior to the 100m. which is outside the Guidelines requirements.

Mr Mudhoo did not dispute the number of strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Mudhoo having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mr Davidson told the Committee that Mr Mudhoo had a clear record under the Rule. He said the JCA Penalty Guide provides a $300 fine for an initial breach of this rule. The only aggravating factor was the fact that Mr Mudhoo had won the race by a narrow margin which he submitted should be taken into consideration.

Mr Mudhoo elected to make no submissions on penalty.


reasonsforpenalty:

In determining penalty, the Committee had regard to the starting point of a $300 fine mitigation inclusive, for a first breach of this Rule. The only aggravating factor was the fact that Mr Mudhoo eventually won the race by a narrow margin which the Committee determined, warranted an uplift in penalty. This we set at $100. We therefore determined that a fine of $400 was an appropriate penalty.


penalty:

Mr Mudhoo is fined the sum of $400.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr K Mudhoo - Licensed Apprentice Jockey (Class B)


Otherperson: Mr D Walsh - Apprentice Jockey Mentor, Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9a080edd4f20a36c64d8fb223718e547


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1f33a72f7c4026463b6e42fcf3d74289


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/02/2018


meet_title: Canterbury JC - 15 February 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Canterbury JC