Waikato RC 11 November 2017 – R 6 – Chair, Mr A Dooley
ID: JCA13963
Code:
Thoroughbred
Meet Title:
Waikato RC - 11 November 2017
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2017/11/11
Race Number:
R6
Decision:
As Mr McKay admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted a deferment to Mr McKay’s suspension pursuant to Rule 1106(2).
Accordingly, Mr McKay’s had his license to ride in races suspended for a period to commence after racing on 18 November and conclude after racing on 26 November 2017.
Facts:
Following the running of race 6, Legacy Lodge Sprint, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Williamson, alleged that Mr McKay used his whip excessively on the horse SPEECH CRAFT prior to the 100 metres.
Mr McKay acknowledged that he understood the Rule and confirmed his admission of the breach.
Mr P McKay viewed the video footage and recognised that Mr S McKay had breached the Rule.
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 Coles demonstrated the incident using the available video footage. He identified Mr McKay and showed that from the 200 metres to the 100 metres Mr McKay struck his mount 9 times in succession.
Mr McKay said that he struck his mount 4 times more than he should have.
Submissions for Penalty:
Mr Williamson said that Mr McKay had 2 previous breaches of this Rule since 1 August 2017. He said given this was Mr McKay’s 3rd breach a suspension in line with the Guidelines would be appropriate.
Mr McKay advised that he had upcoming engagements on 18 November and sought a deferment to any proposed suspension.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
New whip guidelines were introduced on 1st August 2017 and an updated JCA Penalty Guide pertaining to excessive whip use came into effect on 1st November 2017.
The updated starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.
The Committee adopted 6 national riding days as the starting point.
The mitigating factors were Mr McKay’s admission of the breach and the number of strikes (9) were in the low range. It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
SPEECH CRAFT ran 2nd in the race.
After taking into account all the above factors the Committee considered that an appropriate penalty was 6 national riding days.
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: 856b5811bb33d1a97d2685fa81054dc9
informantnumber: A9486
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 12/11/2017
hearing_title: Waikato RC 11 November 2017 - R 6 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 6, Legacy Lodge Sprint, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Williamson, alleged that Mr McKay used his whip excessively on the horse SPEECH CRAFT prior to the 100 metres.
Mr McKay acknowledged that he understood the Rule and confirmed his admission of the breach.
Mr P McKay viewed the video footage and recognised that Mr S McKay had breached the Rule.
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 Coles demonstrated the incident using the available video footage. He identified Mr McKay and showed that from the 200 metres to the 100 metres Mr McKay struck his mount 9 times in succession.
Mr McKay said that he struck his mount 4 times more than he should have.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McKay admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr McKay had 2 previous breaches of this Rule since 1 August 2017. He said given this was Mr McKay’s 3rd breach a suspension in line with the Guidelines would be appropriate.
Mr McKay advised that he had upcoming engagements on 18 November and sought a deferment to any proposed suspension.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
New whip guidelines were introduced on 1st August 2017 and an updated JCA Penalty Guide pertaining to excessive whip use came into effect on 1st November 2017.
The updated starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.
The Committee adopted 6 national riding days as the starting point.
The mitigating factors were Mr McKay’s admission of the breach and the number of strikes (9) were in the low range. It is important to note the expectation is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
SPEECH CRAFT ran 2nd in the race.
After taking into account all the above factors the Committee considered that an appropriate penalty was 6 national riding days.
penalty:
The Committee granted a deferment to Mr McKay’s suspension pursuant to Rule 1106(2).
Accordingly, Mr McKay’s had his license to ride in races suspended for a period to commence after racing on 18 November and conclude after racing on 26 November 2017.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr S McKay - Apprentice Rider
Otherperson: Mr P McKay - Trainer assisting Mr S McKay, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6a0cb79118169d983e2ee2e74d244fb8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 391d8ae33eace075c2a670dc5658dacd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/11/2017
meet_title: Waikato RC - 11 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: ASmith
meet_pm2: none
name: Waikato RC