Matamata RC 5 June 2013 – R 1
ID: JCA14229
Code:
Thoroughbred
Meet Title:
Matamata RC - 5 June 2013
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2013/06/05
Race Number:
R1
Decision:
As Mr Ormsby admitted the breach we find the charge proved.
Penalty:
Accordingly we impose a fine of $150.
Charge:
Following race 1, J Swap Stockfeeds 2000, an information was filed pursuant to Rule 638(3)(b). The informant Mr Williamson alleged that Mr Ormsby used his whip excessively prior to the 200 metre mark on his mount 'ST PICASSO'.
Mr Ormsby acknowledged that he understood the Rule, and the nature of the charge.
Rule 638(3)(b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary,excessive or improper.
Facts:
Mr Oatham demonstrated on the video films that Mr Ormsby had used his whip continuously 11 times prior to the 200 metre mark. He told the Committee that Mr Ormsby did not give his mount the required 6 strides respite. He submitted that in the opinion of the stewards the strikes were 'quite aggressive'.
In explanation Mr Ormsby told the Committee that he acknowledged he had struck the horse 11 times as per the charge. He added that he had ridden this horse previously in races and in his opinion it was a 'lazy' horse.
ST PICASSO finished second in the race, two lengths from the winner.
Submissions for Penalty:
Mr Williamson told the Committee that there was no record of Mr Ormsby having breached this rule previously. He added that he assessed the breach to be in the lower range of severity.
He stated that a fine of $150 was the starting point and in the opinion of the stewards there was no reason to differ from this in Mr Ormsby's case.
Mr Ormsby added that it was his first breach of this rule and again acknowledged that he admitted the breach.
Reasons for Penalty:
The Committee carefully considered the evidence and submissions presented. The mitigating factors are Mr Ormsby's admission of the breach and his clear record under this rule. We assess the number of strikes (11) as being in the low range, however we independently assessed the severity of the strikes as being in the low to mid range.
We informed Mr Ormsby that the starting point for the first breach of this rule as per the JCA Penalty Guide is a fine of $300. The starting point may be adjusted considering any mitigating or aggravating factors.
Perusal of the JCA listing of penalties for similar breaches indicated they attracted a fine of $150, and taking all of the evidence into account we assess that a fine of that amount would be appropriate in this matter.
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: aa3fa3d43d04696ecb44873ea93285e8
informantnumber: A2838
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/05/2013
hearing_title: Matamata RC 5 June 2013 - R 1
charge:
Following race 1, J Swap Stockfeeds 2000, an information was filed pursuant to Rule 638(3)(b). The informant Mr Williamson alleged that Mr Ormsby used his whip excessively prior to the 200 metre mark on his mount 'ST PICASSO'.
Mr Ormsby acknowledged that he understood the Rule, and the nature of the charge.
Rule 638(3)(b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary,excessive or improper.
facts:
Mr Oatham demonstrated on the video films that Mr Ormsby had used his whip continuously 11 times prior to the 200 metre mark. He told the Committee that Mr Ormsby did not give his mount the required 6 strides respite. He submitted that in the opinion of the stewards the strikes were 'quite aggressive'.
In explanation Mr Ormsby told the Committee that he acknowledged he had struck the horse 11 times as per the charge. He added that he had ridden this horse previously in races and in his opinion it was a 'lazy' horse.
ST PICASSO finished second in the race, two lengths from the winner.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Ormsby admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Williamson told the Committee that there was no record of Mr Ormsby having breached this rule previously. He added that he assessed the breach to be in the lower range of severity.
He stated that a fine of $150 was the starting point and in the opinion of the stewards there was no reason to differ from this in Mr Ormsby's case.
Mr Ormsby added that it was his first breach of this rule and again acknowledged that he admitted the breach.
reasonsforpenalty:
The Committee carefully considered the evidence and submissions presented. The mitigating factors are Mr Ormsby's admission of the breach and his clear record under this rule. We assess the number of strikes (11) as being in the low range, however we independently assessed the severity of the strikes as being in the low to mid range.
We informed Mr Ormsby that the starting point for the first breach of this rule as per the JCA Penalty Guide is a fine of $300. The starting point may be adjusted considering any mitigating or aggravating factors.
Perusal of the JCA listing of penalties for similar breaches indicated they attracted a fine of $150, and taking all of the evidence into account we assess that a fine of that amount would be appropriate in this matter.
penalty:
Accordingly we impose a fine of $150.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr M Willamson-Stipendiary Steward
JockeysandTrainer: P Ormsby-Rider of ST PICASSO
Otherperson: Mr M Williamson - Stipendiary Steward, Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 3a554034a4fc6cad1ac95e5b91a82631
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8f03edde44091bdcd22d461fb5613784
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/06/2013
meet_title: Matamata RC - 5 June 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: matamata-rc
meet_racingtype: thoroughbred-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Matamata RC