Counties RC 23 May 2019 – R 1 – Chair, Mr A Dooley
ID: JCA13787
Code:
Thoroughbred
Meet Title:
Counties RC - 23 May 2019
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2019/05/23
Race Number:
R1
Decision:
As Mr Karnicnik admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Karnicnik was fined $300.
In conclusion the Committee advised Mr Karnicnik the starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.
Facts:
Following the running of race 1, Ssangyong 2200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Karnicnik used his whip excessively when riding IN A MINUTE.
Mr Karnicnik said that he understood the Rule and confirmed he admitted the breach.
Rule 638(3)(b)(ii) 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” provides:
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 Williamson demonstrated the incident using the available video footage. He identified Mr Karnicnik and showed that he struck his mount 11 times prior to the 100 metres. He said the strikes were not continuous and the breach was in the low to mid-range.
Mr Karnicnik accepted that he used his whip on 11 occasions prior to the 100 metres. He added that the long straight caught him out.
Submissions for Penalty:
Mr Williamson said that Mr Karnicnik had a clear record under this Rule and submitted that a $300 fine would be appropriate.
Mr Karnicnik made no submissions on penalty.
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. This fine includes admission of the breach and a clear record.
There were no aggravating factors that required an uplift in penalty.
When reviewing the video films they showed that the strikes were not forceful and there were pauses between the strikes but not for the minimum 5 strides.
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: 64ca34d7174d220fcd2ab968abb98520
informantnumber: A11303
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 23/05/2019
hearing_title: Counties RC 23 May 2019 - R 1 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Ssangyong 2200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Karnicnik used his whip excessively when riding IN A MINUTE.
Mr Karnicnik said that he understood the Rule and confirmed he admitted the breach.
Rule 638(3)(b)(ii) 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” provides:
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 Williamson demonstrated the incident using the available video footage. He identified Mr Karnicnik and showed that he struck his mount 11 times prior to the 100 metres. He said the strikes were not continuous and the breach was in the low to mid-range.
Mr Karnicnik accepted that he used his whip on 11 occasions prior to the 100 metres. He added that the long straight caught him out.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Karnicnik admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Karnicnik had a clear record under this Rule and submitted that a $300 fine would be appropriate.
Mr Karnicnik made no submissions on penalty.
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. This fine includes admission of the breach and a clear record.
There were no aggravating factors that required an uplift in penalty.
When reviewing the video films they showed that the strikes were not forceful and there were pauses between the strikes but not for the minimum 5 strides.
penalty:
Accordingly, Mr Karnicnik was fined $300.
In conclusion the Committee advised Mr Karnicnik the starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr S Karnicnik - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2af1f65b07ac5eaabdb7a6b3fb175113
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: 9407466aee3c7be6cd46d0126ef61bd0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/05/2019
meet_title: Counties RC - 23 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Counties RC