Auckland RC 30 March 2019 – R 3 – Chair, Mr A Dooley
ID: JCA13814
Code:
Thoroughbred
Meet Title:
Auckland RC - 30 March 2019
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2019/03/30
Race Number:
R3
Decision:
As Mr Bakar admitted the breach we found the charge proved.
Penalty:
Mr Bakar was fined $600.
In conclusion the Committee advised Mr Bakar that a 3rd breach of this Rule would result in a suspension and the reset period for his excessive whip record is 12 months.
Facts:
Following the running of race 3, Beko Appliances 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Bakar used his whip excessively on GRIFFIN prior to the 100 metres.
Mr Bakar said that he understood the Rule and confirmed his admission of the breach.
Mr Harris assisted Mr Bakar at the hearing.
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 Jones demonstrated the incident using the available video footage. He identified Mr Bakar and showed that he struck his mount on 10 occasions from the 250 metres to the 100 metres. He said there was no whip respite, it was a clear breach of the Rules and there was some force applied.
Mr Bakar accepted Mr Jones’ interpretation of the breach and said he was sorry for the breach.
Mr Harris said that this is Mr Bakar’s last day of riding in New Zealand as he is going to Singapore to work for Mr M Walker’s stable.
Submissions for Penalty:
Mr Williamson said that Mr Bakar breached this Rule on 24/11/2018 when he struck his mount 18 times prior to the 100 metres and incurred a 12 day suspension. He said this was his 2nd breach within 12 months and a fine in accordance with the JCA Guidelines would be appropriate.
Mr Bakar submitted that his style looked ugly.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of excessive use of the whip is a $500 fine which was adopted in this case.
The Committee reviewed the video footage and in addition to the excessive number of strikes we were concerned with the manner of the force exhibited. We observed that some of the strikes were placed heavily on the shoulder and Mr Bakar’s style was very untidy. In our view from a public perception perspective this is not a good look and it reflects poorly on Mr Bakar and the Industry as whole. This 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: 69124296e89265a920abf6efd5d96330
informantnumber: A11086
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 31/03/2019
hearing_title: Auckland RC 30 March 2019 - R 3 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 3, Beko Appliances 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Bakar used his whip excessively on GRIFFIN prior to the 100 metres.
Mr Bakar said that he understood the Rule and confirmed his admission of the breach.
Mr Harris assisted Mr Bakar at the hearing.
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 Jones demonstrated the incident using the available video footage. He identified Mr Bakar and showed that he struck his mount on 10 occasions from the 250 metres to the 100 metres. He said there was no whip respite, it was a clear breach of the Rules and there was some force applied.
Mr Bakar accepted Mr Jones’ interpretation of the breach and said he was sorry for the breach.
Mr Harris said that this is Mr Bakar’s last day of riding in New Zealand as he is going to Singapore to work for Mr M Walker’s stable.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bakar admitted the breach we found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Bakar breached this Rule on 24/11/2018 when he struck his mount 18 times prior to the 100 metres and incurred a 12 day suspension. He said this was his 2nd breach within 12 months and a fine in accordance with the JCA Guidelines would be appropriate.
Mr Bakar submitted that his style looked ugly.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of excessive use of the whip is a $500 fine which was adopted in this case.
The Committee reviewed the video footage and in addition to the excessive number of strikes we were concerned with the manner of the force exhibited. We observed that some of the strikes were placed heavily on the shoulder and Mr Bakar’s style was very untidy. In our view from a public perception perspective this is not a good look and it reflects poorly on Mr Bakar and the Industry as whole. This warranted an uplift in penalty.
penalty:
Mr Bakar was fined $600.
In conclusion the Committee advised Mr Bakar that a 3rd breach of this Rule would result in a suspension and the reset period for his excessive whip record is 12 months.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr N Bakar - Apprentice Rider of GRIFFIN
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Bakar, Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a17ce545149ce3d61c2533806540d5db
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e15b7f4bc9a69a4e01e65a4cbb2a14de
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2019
meet_title: Auckland RC - 30 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland RC