Archive Decision

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Counties RC 27 May 2021 – R 8 – Chair, Mr A Smith

ID: JCA13899

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr C Jones – Apprentice Rider of IRISH BOY

Other Person:
Mr D Ralph – Assisting Mr Jones, Ms L Selvakumaran – Stipendiary Steward

Information Number:
A13914

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 27 May 2021

Meet Chair:
ASmith

Race Date:
2021/05/27

Race Number:
R8

Decision:

As Mr Jones admitted the breach the Committee found the charge proved.

Penalty:

Mr Jones’ Licence is suspended from the close of racing on 29 May and concludes after racing on 4 June. In addition, we impose a $2,000 fine.

Facts:

This charge arises from the running of Race 8, a Maiden 1400m. An Information was filed pursuant to Rule 638(3)(b)(ii) by the Informant, Mr Coles, alleging that Apprentice Rider, Mr C Jones used his whip excessively when riding IRISH BOY prior to the 100 metres.

Mr Jones was assisted at the hearing by IRISH BOY’s stable representative Mr D Ralph.

Mr Jones said that he understood the Rule and confirmed that he admitted the breach.

Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(i)-unnecessary, or
(ii)-excessive, or
(iii)-improper

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(i)-The whip should not be used on more than 5 occasions.
(ii)-The whip should not be used in consecutive strides.
(iii)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.

Using available race film footage Ms Selvakumaran demonstrated the breach. She identified Mr Jones’ mount, IRISH BOY, shortly after entering the home straight. She said that between the straight entrance to the 100-metre mark Mr Jones struck his mount 7 times.

In response Mr Jones said that he agreed with the number of strikes.

Submissions for Penalty:

Mr Coles said that Mr Jones had breached the whip Rule on two previous occasions in the last 6 months and his record wasn’t great. He said that an aggravating factor was the fact that he had won the race.

The Committee advised Mr Jones that the starting point for a 3rd breach of the whip Rules was a $2,000 fine and a 2 day suspension, however on occasions, and in some circumstances, Committees had looked to increase the suspension period and reduce the fine amount, particularly for Apprentice jockeys or those riders that had limited opportunities.

Mr Jones, confirmed that he was in a position to pay a $2,000 fine and a limited suspension was preferred.

Mr Ralph assisting Mr Jones, said that Mr Jones was heading to Mr Sharrock's stable in the CD and would benefit from the regular opportunities he would get in that part of the country.

Reasons for Penalty:

The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard we confirmed the number of strikes as 7 prior to the 100m and noted that a number of these were “backhanders”. They were not overly forceful nor were they continuous.

When assessing penalty, the Committee took into consideration, admission of the breach, Mr Jones record, the number of rides Mr Jones has had since his previous breach (approx 30) and the fact that while using his whip outside the Guidelines he went on to win the race, which the Committee assessed as an aggravating factor.

Having assessed all of these factors the Committee determined that an appropriate penalty would be a 3 day suspension and a $2,000 fine.

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: 7e1c950a011b5138f06bc54932c0b3fc


informantnumber: A13914


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 29/05/2021


hearing_title: Counties RC 27 May 2021 – R 8 – Chair, Mr A Smith


charge:


facts:

This charge arises from the running of Race 8, a Maiden 1400m. An Information was filed pursuant to Rule 638(3)(b)(ii) by the Informant, Mr Coles, alleging that Apprentice Rider, Mr C Jones used his whip excessively when riding IRISH BOY prior to the 100 metres.

Mr Jones was assisted at the hearing by IRISH BOY’s stable representative Mr D Ralph.

Mr Jones said that he understood the Rule and confirmed that he admitted the breach.

Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(i)-unnecessary, or
(ii)-excessive, or
(iii)-improper

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(i)-The whip should not be used on more than 5 occasions.
(ii)-The whip should not be used in consecutive strides.
(iii)- The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.

Using available race film footage Ms Selvakumaran demonstrated the breach. She identified Mr Jones’ mount, IRISH BOY, shortly after entering the home straight. She said that between the straight entrance to the 100-metre mark Mr Jones struck his mount 7 times.

In response Mr Jones said that he agreed with the number of strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Jones admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Coles said that Mr Jones had breached the whip Rule on two previous occasions in the last 6 months and his record wasn’t great. He said that an aggravating factor was the fact that he had won the race.

The Committee advised Mr Jones that the starting point for a 3rd breach of the whip Rules was a $2,000 fine and a 2 day suspension, however on occasions, and in some circumstances, Committees had looked to increase the suspension period and reduce the fine amount, particularly for Apprentice jockeys or those riders that had limited opportunities.

Mr Jones, confirmed that he was in a position to pay a $2,000 fine and a limited suspension was preferred.

Mr Ralph assisting Mr Jones, said that Mr Jones was heading to Mr Sharrock's stable in the CD and would benefit from the regular opportunities he would get in that part of the country.


reasonsforpenalty:

The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard we confirmed the number of strikes as 7 prior to the 100m and noted that a number of these were “backhanders”. They were not overly forceful nor were they continuous.

When assessing penalty, the Committee took into consideration, admission of the breach, Mr Jones record, the number of rides Mr Jones has had since his previous breach (approx 30) and the fact that while using his whip outside the Guidelines he went on to win the race, which the Committee assessed as an aggravating factor.

Having assessed all of these factors the Committee determined that an appropriate penalty would be a 3 day suspension and a $2,000 fine.


penalty:

Mr Jones’ Licence is suspended from the close of racing on 29 May and concludes after racing on 4 June. In addition, we impose a $2,000 fine.


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr C Jones – Apprentice Rider of IRISH BOY


Otherperson: Mr D Ralph – Assisting Mr Jones, Ms L Selvakumaran – Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: fac9cd764a33ad1086601dc662ad07bc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


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meetid: c1db7b3823ead074521399e16008e553


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/05/2021


meet_title: Counties RC - 27 May 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: ASmith


meet_pm1: none


meet_pm2: none


name: Counties RC