Wellington RC 22 April 2018 – R 6 – Chair, Mr N McCutcheon
ID: JCA14187
Code:
Thoroughbred
Meet Title:
Wellington RC - 22 April 2018
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
TUtikere
Race Date:
2018/04/22
Race Number:
R 6
Decision:
As the charge was admitted it was deemed to be found proved by the Committee.
Penalty:
The Committee suspended Mr Allan’s Jockey’s Licence from the end of racing on 25 April up to the cessation of racing on 2 May 2018 (5 riding days).
Facts:
Following the running of Race 6 (Five To Midnight Cup), Information No. A9219 was filed with the Judicial Committee. The Informant alleged that Mr Allan used his whip excessively on his mount GORBACHEV 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” 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 Allan acknowledged that he understood the Rule, Charge and confirmed that he admitted the breach.
Mr Oatham showed the film replays and identified Mr Allan and his mount GORBACHEV as they entered the final straight. He said that Mr Allan then used his whip 15 to 16 times on his mount prior to the 100m with only minor respite being given.
Mr Allan agreed with the Stipendiary Steward’s assessment of his whip use and had nothing further to add.
Submissions for Penalty:
Mr Balcombe said that Mr Allan had two prior breaches of the Rule, the first being on 31 August 2017 where he was fined $300. The second being on 16 September 2017 where he was fined $500. Mr Balcombe said that Mr Allan had given three stride breaks on a number of occasions but was well outside the whip guidelines. He placed the breach in the mid-range category and submitted that as it was Mr Allan’s third breach that a suspension would be the appropriate penalty.
Mr Allan in response to a question from the Committee said that he has tried very hard since his last breach to get his whip use under control. He said that he still needs to work hard at it and needs to concentrate more when using the whip.
Reasons for Penalty:
The Committee was mindful of the penalty guideline starting point of 6-8 riding days suspension for a third breach of the Rule. The degree of the excessive whip use exhibited by Mr Allan was considered to be in the mid-range by the Committee.
In determining an appropriate penalty we gave consideration to the fact that Mr Allan had ridden frequently for more than 7 months without a charge under the Rule. The Committee applied that factor in his favour as he had obviously demonstrated an attempt to get his excessive whip use under control.
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: a5e2025aea6d5c4534d0af37ace21f6e
informantnumber: A9219
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/04/2018
hearing_title: Wellington RC 22 April 2018 - R 6 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 6 (Five To Midnight Cup), Information No. A9219 was filed with the Judicial Committee. The Informant alleged that Mr Allan used his whip excessively on his mount GORBACHEV 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” 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 Allan acknowledged that he understood the Rule, Charge and confirmed that he admitted the breach.
Mr Oatham showed the film replays and identified Mr Allan and his mount GORBACHEV as they entered the final straight. He said that Mr Allan then used his whip 15 to 16 times on his mount prior to the 100m with only minor respite being given.
Mr Allan agreed with the Stipendiary Steward’s assessment of his whip use and had nothing further to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was deemed to be found proved by the Committee.
sumissionsforpenalty:
Mr Balcombe said that Mr Allan had two prior breaches of the Rule, the first being on 31 August 2017 where he was fined $300. The second being on 16 September 2017 where he was fined $500. Mr Balcombe said that Mr Allan had given three stride breaks on a number of occasions but was well outside the whip guidelines. He placed the breach in the mid-range category and submitted that as it was Mr Allan’s third breach that a suspension would be the appropriate penalty.
Mr Allan in response to a question from the Committee said that he has tried very hard since his last breach to get his whip use under control. He said that he still needs to work hard at it and needs to concentrate more when using the whip.
reasonsforpenalty:
The Committee was mindful of the penalty guideline starting point of 6-8 riding days suspension for a third breach of the Rule. The degree of the excessive whip use exhibited by Mr Allan was considered to be in the mid-range by the Committee.
In determining an appropriate penalty we gave consideration to the fact that Mr Allan had ridden frequently for more than 7 months without a charge under the Rule. The Committee applied that factor in his favour as he had obviously demonstrated an attempt to get his excessive whip use under control.
penalty:
The Committee suspended Mr Allan’s Jockey’s Licence from the end of racing on 25 April up to the cessation of racing on 2 May 2018 (5 riding days).
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr D Balcombe - Stipendiary Steward
JockeysandTrainer: Mr T Allan - Rider of GORBAVCHEV
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 4f0017e3f67b499255b86ebdc4895ea7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e8e4c4e032e61889edfa16e745e746d9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/04/2018
meet_title: Wellington RC - 22 April 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wellington-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: TUtikere
meet_pm2: none
name: Wellington RC