Archive Decision

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Canterbury R 6 August 2016 – R 2 – Chair, Mr R McKenzie

ID: JCA14014

Applicant:
J P Oatham, Stipendiary Steward

Respondent(s):
J Parkes, Licensed Jockey (Class A)

Other Person:
Mr M R Davidson - Stipendiary Steward

Information Number:
A6961

Hearing Type:
Hearing

New Charge:
Excessive use of Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 6 August 2016

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2016/08/06

Race Number:
R2

Decision:

Mr Parkes having admitted the breach, the charge was found proved.

Penalty:

Mr Parkes was fined the sum of $300.

Facts:

Following the running of Race 2, Echoes of Heaven at Linwood Park Three-Year-Old, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Mr J Parkes, alleging that Mr Parkes, as the rider of ZAKYNTHOS in the race, “used his whip excessively prior to the 200 metres”.

Mr Parkes was present at the hearing of the information and he indicated that he admitted the breach.

Rule 638 provides as follows:

(3) A Rider shall not:

    (b) strike a horse with a whip in a manner or to an extent which is: 

        (ii) excessive.

The Guidelines for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.

Mr Oatham had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 300-400 metres of the race. Mr Davidson pointed out Mr Parkes, riding ZAKYNTHOS, the widest runner as the field entered the home straight. Mr Davidson then showed that Mr Parkes pulled his whip and used it eight times, before ceasing and “pushing” for four strides, not the six strides as required under the Use of Whip Guidelines. Mr Parkes then used his whip on a further four occasions prior to the 200 metres.

Mr Parkes did not wish to comment on the incident other than to say that he had “misjudged it”. He admitted that he had exceeded the Guidelines.

Submissions for Penalty:

Mr Oatham said that Mr Parkes had breached the whip Rule in November of 2015 at Riccarton and had been fined $700. Mr Oatham pointed out that, under the Penalty Guide, there is a six-months’ “reset” period (a rider’s record in relation to the Rule is reset after 6 months has elapsed from the date of the last breach).

Mr Oatham submitted that the breach could be dealt with by way of a fine. Stewards did not see this breach as being at the high end, he said. There were eight strikes initially, followed by a pause and a total of 12-13 strikes before the 200 metres.

Mr Oatham submitted that a fine in the range of $300-400 was appropriate.

Mr Parkes said that he would accept any fine that the Committee imposed. He repeated that he had made a misjudgement because of the long straight and he will take more care next time, he said.

Reasons for Penalty:

In determining penalty, the Committee took into account that Mr Parkes had frankly admitted the breach and that he was deemed to have a clear record under the Rule. In addition, the Committee saw the breach as being at the very low end on a scale of seriousness.

Taking the Penalty Guide starting point of a $500 fine, the Committee was able to give Mr Parkes a discount from that starting point for the mitigating factors referred to. We fixed that discount at $200. 

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: 8c8094dea595938e7247fc074a121f42


informantnumber: A6961


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 08/08/2016


hearing_title: Canterbury R 6 August 2016 - R 2 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 2, Echoes of Heaven at Linwood Park Three-Year-Old, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Mr J Parkes, alleging that Mr Parkes, as the rider of ZAKYNTHOS in the race, “used his whip excessively prior to the 200 metres”.

Mr Parkes was present at the hearing of the information and he indicated that he admitted the breach.

Rule 638 provides as follows:

(3) A Rider shall not:

    (b) strike a horse with a whip in a manner or to an extent which is: 

        (ii) excessive.

The Guidelines for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.

Mr Oatham had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 300-400 metres of the race. Mr Davidson pointed out Mr Parkes, riding ZAKYNTHOS, the widest runner as the field entered the home straight. Mr Davidson then showed that Mr Parkes pulled his whip and used it eight times, before ceasing and “pushing” for four strides, not the six strides as required under the Use of Whip Guidelines. Mr Parkes then used his whip on a further four occasions prior to the 200 metres.

Mr Parkes did not wish to comment on the incident other than to say that he had “misjudged it”. He admitted that he had exceeded the Guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Parkes having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Oatham said that Mr Parkes had breached the whip Rule in November of 2015 at Riccarton and had been fined $700. Mr Oatham pointed out that, under the Penalty Guide, there is a six-months’ “reset” period (a rider’s record in relation to the Rule is reset after 6 months has elapsed from the date of the last breach).

Mr Oatham submitted that the breach could be dealt with by way of a fine. Stewards did not see this breach as being at the high end, he said. There were eight strikes initially, followed by a pause and a total of 12-13 strikes before the 200 metres.

Mr Oatham submitted that a fine in the range of $300-400 was appropriate.

Mr Parkes said that he would accept any fine that the Committee imposed. He repeated that he had made a misjudgement because of the long straight and he will take more care next time, he said.


reasonsforpenalty:

In determining penalty, the Committee took into account that Mr Parkes had frankly admitted the breach and that he was deemed to have a clear record under the Rule. In addition, the Committee saw the breach as being at the very low end on a scale of seriousness.

Taking the Penalty Guide starting point of a $500 fine, the Committee was able to give Mr Parkes a discount from that starting point for the mitigating factors referred to. We fixed that discount at $200. 


penalty:

Mr Parkes was fined the sum of $300.


hearing_type: Hearing


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


Informant: J P Oatham, Stipendiary Steward


JockeysandTrainer: J Parkes, Licensed Jockey (Class A)


Otherperson: Mr M R Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e67f8e2231318e0ba65419fbfe180ecb


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


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race_pm1:


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meetid: 730f1a0e151a49a05d1d45e9050fd15d


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meet_noreport: 0


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meet_emailed1: 0


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meetdate: 06/08/2016


meet_title: Canterbury Racing - 6 August 2016


meet_expappcomment:


meet_km:


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tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Canterbury Racing