Archive Decision

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Manawatu RC 26 December 2017 – R 5 – Chair, Mrs N Moffatt

ID: JCA14183

Applicant:
Mr N Goodwin - Stipendiary Steward

Respondent(s):
Ms S McNab - Apprentice Rider

Other Person:
Mr K Smith - assisting Ms McNab, Mr D Balcombe - Stipendiary Steward

Information Number:
A8802

Hearing Type:
Hearing

New Charge:
Excessive use of whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Manawatu RC - 26 December 2017

Meet Chair:
NMoffatt

Meet Committee Member 1:
TUtikere

Race Date:
2017/12/26

Race Number:
R 5

Decision:

As Ms McNab admitted the breach the charge was found to be proved.

Penalty:

Accordingly Ms McNab is fined the sum of $500.

Facts:

Following Race 5 (Marcus Prenter Creative Decorator Handicap), Mr Goodwin lodged an Information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that S McNab (YEMANYA) used her whip excessively prior to the 100m.

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” provide:
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.

Ms McNab is apprenticed to trainer Mr K Myers but was assisted today by Mr Kane Smith. Ms McNab acknowledged she understood the rule and confirmed her admission of the breach.

Mr Goodwin had Mr Balcombe demonstrate the breach using the head-on video. He counted ten strikes in total with only three to four strides respite between each set.

Both Ms McNab and Mr Smith agreed that was a fair assessment by the Stewards.

Submissions for Penalty:

Mr Goodwin said Ms McNab had one previous breach of this rule at Riccarton in November where she incurred a $300 fine. He said today’s breach was in the low range and Ms McNab simply got a case of “white-line fever”. Mr Goodwin expressed concern that there was currently no Central Districts riding master with this being a serious concern to the Stewards. Mr Smith was a person whom the apprentices were seeking out to offer assistance but he was providing help in his own personal time.

Mr Smith concurred with Mr Goodwin and said apprentices in the Central Districts were falling behind.

Reasons for Penalty:

New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines pertaining to whip use came into effect on November 1st.

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 the second breach starting point of $500. It was our opinion the breach sat in the low range. Ms McNab did give a respite of 3-4 strides but not the required minimum of five and her strikes were not forceful. There were no aggravating factors.

We did not afford Ms McNab any discount for her admission of the charge as it was inevitable that the breach would have been found proved.

It is regrettable that Central Districts apprentice riders are not currently afforded the same level of assistance as other areas however Ms McNab has had just over 200 race day rides and we did not consider this to be a significant mitigating factor in today’s breach.

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: a5466c4673795ab744a717ac2af527c0


informantnumber: A8802


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 27/12/2017


hearing_title: Manawatu RC 26 December 2017 - R 5 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 5 (Marcus Prenter Creative Decorator Handicap), Mr Goodwin lodged an Information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that S McNab (YEMANYA) used her whip excessively prior to the 100m.

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” provide:
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.

Ms McNab is apprenticed to trainer Mr K Myers but was assisted today by Mr Kane Smith. Ms McNab acknowledged she understood the rule and confirmed her admission of the breach.

Mr Goodwin had Mr Balcombe demonstrate the breach using the head-on video. He counted ten strikes in total with only three to four strides respite between each set.

Both Ms McNab and Mr Smith agreed that was a fair assessment by the Stewards.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms McNab admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Goodwin said Ms McNab had one previous breach of this rule at Riccarton in November where she incurred a $300 fine. He said today’s breach was in the low range and Ms McNab simply got a case of “white-line fever”. Mr Goodwin expressed concern that there was currently no Central Districts riding master with this being a serious concern to the Stewards. Mr Smith was a person whom the apprentices were seeking out to offer assistance but he was providing help in his own personal time.

Mr Smith concurred with Mr Goodwin and said apprentices in the Central Districts were falling behind.


reasonsforpenalty:

New whip guidelines were introduced on 1st August this year (1/8/17) and updated penalty guidelines pertaining to whip use came into effect on November 1st.

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 the second breach starting point of $500. It was our opinion the breach sat in the low range. Ms McNab did give a respite of 3-4 strides but not the required minimum of five and her strikes were not forceful. There were no aggravating factors.

We did not afford Ms McNab any discount for her admission of the charge as it was inevitable that the breach would have been found proved.

It is regrettable that Central Districts apprentice riders are not currently afforded the same level of assistance as other areas however Ms McNab has had just over 200 race day rides and we did not consider this to be a significant mitigating factor in today’s breach.


penalty:

Accordingly Ms McNab is fined the sum of $500.


hearing_type: Hearing


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


Informant: Mr N Goodwin - Stipendiary Steward


JockeysandTrainer: Ms S McNab - Apprentice Rider


Otherperson: Mr K Smith - assisting Ms McNab, Mr D Balcombe - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 8233b8056771e0b370c4cd1b51566426


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 054b3e2dd9c191524b7916e30afb90c5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/12/2017


meet_title: Manawatu RC - 26 December 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TUtikere


meet_pm2: none


name: Manawatu RC