Archive Decision

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Otago RC 26 December 2020 – R 3 – Chair, Prof G Hall

ID: JCA13827

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr A Bohorun - Apprentice Jockey

Other Person:
Mr S Blair-Edie - assisting Mr Bohorun, Mr N McIntyre - General Manager of Stewards

Information Number:
A11757

Hearing Type:
Hearing

New Charge:
Excessive use of Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 26 December 2020

Meet Chair:
GHall

Race Date:
2020/12/26

Race Number:
R 3

Decision:

Mr Bohorun admitted the charge and it is found proved.

Penalty:

Mr Bohorun is fined the sum of $300. He was also spoken to advisedly about the increased penalties and the need for him to ride within the parameters of the Whip Rule.

Facts:

Following the running of Race 3, the Stewards charged Mr Bohorun with a breach of r 638(3)(b)(ii), excessive use of the whip, in that he used his whip excessively prior to the 100 metres when riding HE AIN’T HEAVY.

Rule 638(3)(b)(ii) reads: A Rider shall not strike a horse with a whip in a manner or to an extent which is excessive.

The guidelines read: Without affecting the generality of r 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines: Inside the final 600 metres of a race, 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.

Mr Bohorun admitted the charge and was assisted at the hearing by Mr Blair-Edie.

Mr McIntyre demonstrated on the video that HE AIN’T HEAVY was racing at the rear of the field as the field was about to enter the home straight. Mr Bohorun struck his horse nine times up to the 100 metre mark.

Mr Blair-Edie said that HE AIN’T HEAVY needed a strong rider and he had told Mr Bohorun that the horse takes a lot to get going but Mr Bohorun had got ‘carried away’.

Mr Bohorun stated that he had not realised his count was nine.

Submissions for Penalty:

Mr Davidson produced Mr Bohorun’s record which was clear under this Rule. He sought a $300 fine for a first breach as per the new Whip Guidelines.

Mr Bohorun accepted a fine of this amount was appropriate and Mr Blair-Edie reiterated the Respondent was riding to instructions and had become over-excited.

Reasons for Penalty:

Mr Bohorun has admitted the charge and it is his first offence. His record, generally, is excellent. While the number of strikes is high at nine, the Committee has accepted Mr Davidson’s comment that these were not aggressive. The starting point in the Guidelines is a fine of $300.

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: 73f40b0e98a51378d7a259d6fd359503


informantnumber: A11757


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 28/12/2020


hearing_title: Otago RC 26 December 2020 - R 3 - Chair, Prof G Hall


charge:


facts:

Following the running of Race 3, the Stewards charged Mr Bohorun with a breach of r 638(3)(b)(ii), excessive use of the whip, in that he used his whip excessively prior to the 100 metres when riding HE AIN’T HEAVY.

Rule 638(3)(b)(ii) reads: A Rider shall not strike a horse with a whip in a manner or to an extent which is excessive.

The guidelines read: Without affecting the generality of r 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines: Inside the final 600 metres of a race, 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.

Mr Bohorun admitted the charge and was assisted at the hearing by Mr Blair-Edie.

Mr McIntyre demonstrated on the video that HE AIN’T HEAVY was racing at the rear of the field as the field was about to enter the home straight. Mr Bohorun struck his horse nine times up to the 100 metre mark.

Mr Blair-Edie said that HE AIN’T HEAVY needed a strong rider and he had told Mr Bohorun that the horse takes a lot to get going but Mr Bohorun had got ‘carried away’.

Mr Bohorun stated that he had not realised his count was nine.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Bohorun admitted the charge and it is found proved.


sumissionsforpenalty:

Mr Davidson produced Mr Bohorun’s record which was clear under this Rule. He sought a $300 fine for a first breach as per the new Whip Guidelines.

Mr Bohorun accepted a fine of this amount was appropriate and Mr Blair-Edie reiterated the Respondent was riding to instructions and had become over-excited.


reasonsforpenalty:

Mr Bohorun has admitted the charge and it is his first offence. His record, generally, is excellent. While the number of strikes is high at nine, the Committee has accepted Mr Davidson’s comment that these were not aggressive. The starting point in the Guidelines is a fine of $300.


penalty:

Mr Bohorun is fined the sum of $300. He was also spoken to advisedly about the increased penalties and the need for him to ride within the parameters of the Whip Rule.


hearing_type: Hearing


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


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr A Bohorun - Apprentice Jockey


Otherperson: Mr S Blair-Edie - assisting Mr Bohorun, Mr N McIntyre - General Manager of Stewards


PersonPresent:


Respondent:


StipendSteward:


raceid: 443151d3e00e724c379138583298488e


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


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meetdate: 26/12/2020


meet_title: Otago RC - 26 December 2020


meet_expappcomment:


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meet_racingtype: thoroughbred-racing


meet_chair: GHall


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name: Otago RC