Avondale JC 11 July 2018 – R 6 – Chair, Mr A Dooley
ID: JCA14033
Code:
Thoroughbred
Meet Title:
Avondale JC - 11 July 2018
Meet Chair:
ADooley
Race Date:
2018/07/11
Race Number:
R6
Decision:
As Mr Chowdhoory admitted the breach the Committee found the charge proved.
Penalty:
The Committee grants a deferment to Mr Chowdhoory’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Chowdhoory had his license to ride in races suspended for a period to commence after racing on 14 July and conclude after racing on 4 August 2018.
Facts:
Following the running of race 6, AJC Members 1320, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Coles, alleged that Apprentice Rider, Mr Chowdhoory, used the whip excessively on his mount ARTIC STORM.
Mr Chowdhoory confirmed that he admitted the breach and acknowledged that he understood the Rule.
Mr Harris assisted Mr Chowdhoory 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.
Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:
• using the whip with the arm above shoulder height.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Chowdhoory racing inside the 300 metres and counted that he struck his mount on 7 occasions prior to the 100 metres without the required respite. He said Mr Chowdhoory used his whip in an extravagant manner and his arm was raised above shoulder height which is not permitted under the Guidelines. He said the manner in which Mr Chowdhoory was using the whip was excessive and people looking at the race would think that Mr Chowdhoory was punishing his horse. He said this type of riding is not acceptable under modern standards.
Mr Oatham further stated that the Stewards were concerned with the whip action in the final 100 metres of the race. He said the whip was used in quick frequency and Mr Chowdhoory’s arm was raised above shoulder height. In conclusion he said Mr Chowdhoory breached the Guidelines on a number of factors and reiterated that it is not acceptable.
Mr Chowdhoory accepted the number of strikes and stated that he has to work on his whip action. He recognised that it is a breach to use his whip above shoulder height. He had no explanation as to why he used his whip in an excessive manner.
Mr Harris said that he witnessed the “aggression” displayed by Mr Chowdhoory in the last 50 metres when he was trying hard to win the race. He said that he informs all Apprentice Riders that less is best when it comes to using the whip. He added that all Apprentices needed to be kind to their mounts. He said that Mr Chowdhoory is a keen young Apprentice and he was disappointed that this is Mr Chowdhoory’s second incident concerning excessive use of the whip. He is of the view that Mr Chowdhoory is not ready to use the whip as he is still learning his trade and acknowledged that public perception is essential.
In answer to a question from the Committee, Mr Chowdhoory confirmed that he is fully aware of the Guidelines with respect to acceptable use of the whip.
Submissions for Penalty:
Mr Coles said that Mr Chowdhoory had breached this Rule on 4 June 2018 and incurred a 12 day suspension for a high end breach. He submitted a suspension in the range of 8 to 10 days would be appropriate for this charge.
Mr Chowdhoory said that he had engagements at Ruakaka on 14 July and any proposed suspension could start after that date. Mr Chowdhoory had nothing further to add.
Mr Harris said that he thought Mr Chowdhoory would have learnt from his prior breach of this Rule.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a second breach of excessive use of the whip is a $500 fine. However, that is inappropriate given the circumstances in this case.
There are several aggravating factors in this charge which are listed below.
It is of concern to the Committee that it is only Mr Chowdhoory’s second week back riding after having served his earlier whip suspension. The NZTR records show that to date this season Mr Chowdhoory has had 23 rides, therefore his record under this Rule is poor.
The manner in which Mr Chowdhoory used his whip over the final 100 metres of the race is grossly unacceptable and in the high range. When reviewing the video films it is clear that over the final 100 metres Mr Chowdhoory used his whip on at least 10 occasions in an extravagant and forceful manner. The Committee observed that Mr Chowdhoory was using the whip with his arm above shoulder height in the home straight which is deemed to be unacceptable under the whip Guidelines. Mr Chowdhoory’s culpability is high range.
The Committee emphasised to Mr Chowdhoory that animal welfare and public perception is paramount to the racing industry.
The Committee notes that ARTIC STORM finished in second place.
The Committee had regard for Mr Chowdhoory’s inexperience as an Apprentice Rider, however it is no excuse for his actions.
The mitigating factors were Mr Chowdhoory’s admission of the breach, albeit inevitable given the compelling video evidence. The 7 strikes prior to the final 100 metres is numerically low range. These factors are not exceptional, accordingly they were not addressed in penalty.
After taking into account all the above factors the Committee considered that a suspension of 11 national riding days is an appropriate 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: 8f1efeb8114c477d3154357d4eaffefd
informantnumber: A10143
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 12/07/2018
hearing_title: Avondale JC 11 July 2018 - R 6 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 6, AJC Members 1320, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Coles, alleged that Apprentice Rider, Mr Chowdhoory, used the whip excessively on his mount ARTIC STORM.
Mr Chowdhoory confirmed that he admitted the breach and acknowledged that he understood the Rule.
Mr Harris assisted Mr Chowdhoory 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.
Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:
• using the whip with the arm above shoulder height.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Chowdhoory racing inside the 300 metres and counted that he struck his mount on 7 occasions prior to the 100 metres without the required respite. He said Mr Chowdhoory used his whip in an extravagant manner and his arm was raised above shoulder height which is not permitted under the Guidelines. He said the manner in which Mr Chowdhoory was using the whip was excessive and people looking at the race would think that Mr Chowdhoory was punishing his horse. He said this type of riding is not acceptable under modern standards.
Mr Oatham further stated that the Stewards were concerned with the whip action in the final 100 metres of the race. He said the whip was used in quick frequency and Mr Chowdhoory’s arm was raised above shoulder height. In conclusion he said Mr Chowdhoory breached the Guidelines on a number of factors and reiterated that it is not acceptable.
Mr Chowdhoory accepted the number of strikes and stated that he has to work on his whip action. He recognised that it is a breach to use his whip above shoulder height. He had no explanation as to why he used his whip in an excessive manner.
Mr Harris said that he witnessed the “aggression” displayed by Mr Chowdhoory in the last 50 metres when he was trying hard to win the race. He said that he informs all Apprentice Riders that less is best when it comes to using the whip. He added that all Apprentices needed to be kind to their mounts. He said that Mr Chowdhoory is a keen young Apprentice and he was disappointed that this is Mr Chowdhoory’s second incident concerning excessive use of the whip. He is of the view that Mr Chowdhoory is not ready to use the whip as he is still learning his trade and acknowledged that public perception is essential.
In answer to a question from the Committee, Mr Chowdhoory confirmed that he is fully aware of the Guidelines with respect to acceptable use of the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Chowdhoory admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Coles said that Mr Chowdhoory had breached this Rule on 4 June 2018 and incurred a 12 day suspension for a high end breach. He submitted a suspension in the range of 8 to 10 days would be appropriate for this charge.
Mr Chowdhoory said that he had engagements at Ruakaka on 14 July and any proposed suspension could start after that date. Mr Chowdhoory had nothing further to add.
Mr Harris said that he thought Mr Chowdhoory would have learnt from his prior breach of this Rule.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a second breach of excessive use of the whip is a $500 fine. However, that is inappropriate given the circumstances in this case.
There are several aggravating factors in this charge which are listed below.
It is of concern to the Committee that it is only Mr Chowdhoory’s second week back riding after having served his earlier whip suspension. The NZTR records show that to date this season Mr Chowdhoory has had 23 rides, therefore his record under this Rule is poor.
The manner in which Mr Chowdhoory used his whip over the final 100 metres of the race is grossly unacceptable and in the high range. When reviewing the video films it is clear that over the final 100 metres Mr Chowdhoory used his whip on at least 10 occasions in an extravagant and forceful manner. The Committee observed that Mr Chowdhoory was using the whip with his arm above shoulder height in the home straight which is deemed to be unacceptable under the whip Guidelines. Mr Chowdhoory’s culpability is high range.
The Committee emphasised to Mr Chowdhoory that animal welfare and public perception is paramount to the racing industry.
The Committee notes that ARTIC STORM finished in second place.
The Committee had regard for Mr Chowdhoory’s inexperience as an Apprentice Rider, however it is no excuse for his actions.
The mitigating factors were Mr Chowdhoory’s admission of the breach, albeit inevitable given the compelling video evidence. The 7 strikes prior to the final 100 metres is numerically low range. These factors are not exceptional, accordingly they were not addressed in penalty.
After taking into account all the above factors the Committee considered that a suspension of 11 national riding days is an appropriate penalty.
penalty:
The Committee grants a deferment to Mr Chowdhoory’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Chowdhoory had his license to ride in races suspended for a period to commence after racing on 14 July and conclude after racing on 4 August 2018.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr K Chowdhoory - Apprentice Jockey - Rider of ARTIC STORM
Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Chowdhoory, Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
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