Auckland RC 30 March 2019 – R 5 – Chair, Mr A Dooley
ID: JCA14305
Code:
Thoroughbred
Meet Title:
Auckland RC - 30 March 2019
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2019/03/30
Race Number:
Race 5
Decision:
As Mr Mansour admitted the breach we found the charge proved.
Penalty:
The Committee granted a deferment to Mr Mansour’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Mansour had his license to ride in races suspended for a period to commence after racing on 6 April and conclude after racing on 14 April 2019.
(*refer to footnote).
* On the morning of 31 March 2019 it was brought to the attention of the Judicial Committee that Mr Mansour was enquiring as to whether his dates of suspension could be amended.
Mr Mansour advised the Judicial Committee that his Manager said he did not have any firm engagements for a Group 1 race meeting at Te Aroha on 6 April. Therefore he was requesting that his suspension start immediately.
The Committee reminded Mr Mansour that the obligation is on all riders to be fully aware of their engagements in the next 7 days when attending a hearing. There clearly needs to better communication between Mr Mansour and his Manager.
On this occasion the Committee has exercised its discretion and granted Mr Mansour’s request to amend his suspension dates.
Accordingly, Mr Mansour had his license to ride in races suspended for a period to commence after racing on 30 March and conclude after racing on 10 April 2019.
31 March race meeting at Invercargill was not included in the penalty as rider declarations had already closed.
Facts:
Following the running of race 5, Electrolux Sprint, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Mansour used his whip excessively when riding YEARN prior to the 100 metres.
Mr Mansour said that he understood the Rule and confirmed his admission of the breach.
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 Jones demonstrated the incident using the available video footage. He identified Mr Mansour and showed that he struck his mount on 9 occasions prior to the 100 metres. He said there was some respite for 3 or 4 strides but not for the required 5 strides. He added that there was no concern with the force used.
Mr Mansour said he apologised for breaching the Rule and submitted that he has a bad habit of using his whip in a double tap motion.
Submissions for Penalty:
Mr Williamson said that Mr Mansour breached this Rule on 11/8/2018 and on 23/3/2019. He said that Mr Mansour is having trouble adjusting to the New Zealand whip guidelines. He said the JCA Penalty Guide starting point for a 3rd breach of a 6 to 8 day suspension would be appropriate.
Mr Mansour requested a 7 day deferment to his proposed suspension so he could ride at Te Aroha on 6 April.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 3rd breach of excessive use of the whip is a 6 to 8 day suspension.
On reviewing the video films we confirmed that there were some pauses between the 9 strikes but not for the minimum 5 strides. It was evident that the strikes were not forceful. We feel that Mr Mansour has now been riding in New Zealand sufficiently long enough to have adjusted to the whip guidelines. On that basis we do not believe this to be a mitigating factor in assessing penalty.
Given the circumstances in this case we considered an appropriate suspension would be 6 days.
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: 723f4b3ecb3c86d833f466e4d14fbb2e
informantnumber: A11087
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 31/03/2019
hearing_title: Auckland RC 30 March 2019 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, Electrolux Sprint, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Mansour used his whip excessively when riding YEARN prior to the 100 metres.
Mr Mansour said that he understood the Rule and confirmed his admission of the breach.
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 Jones demonstrated the incident using the available video footage. He identified Mr Mansour and showed that he struck his mount on 9 occasions prior to the 100 metres. He said there was some respite for 3 or 4 strides but not for the required 5 strides. He added that there was no concern with the force used.
Mr Mansour said he apologised for breaching the Rule and submitted that he has a bad habit of using his whip in a double tap motion.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Mansour admitted the breach we found the charge proved.
sumissionsforpenalty:
Mr Williamson said that Mr Mansour breached this Rule on 11/8/2018 and on 23/3/2019. He said that Mr Mansour is having trouble adjusting to the New Zealand whip guidelines. He said the JCA Penalty Guide starting point for a 3rd breach of a 6 to 8 day suspension would be appropriate.
Mr Mansour requested a 7 day deferment to his proposed suspension so he could ride at Te Aroha on 6 April.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 3rd breach of excessive use of the whip is a 6 to 8 day suspension.
On reviewing the video films we confirmed that there were some pauses between the 9 strikes but not for the minimum 5 strides. It was evident that the strikes were not forceful. We feel that Mr Mansour has now been riding in New Zealand sufficiently long enough to have adjusted to the whip guidelines. On that basis we do not believe this to be a mitigating factor in assessing penalty.
Given the circumstances in this case we considered an appropriate suspension would be 6 days.
penalty:
The Committee granted a deferment to Mr Mansour’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Mansour had his license to ride in races suspended for a period to commence after racing on 6 April and conclude after racing on 14 April 2019.
(*refer to footnote).
* On the morning of 31 March 2019 it was brought to the attention of the Judicial Committee that Mr Mansour was enquiring as to whether his dates of suspension could be amended.
Mr Mansour advised the Judicial Committee that his Manager said he did not have any firm engagements for a Group 1 race meeting at Te Aroha on 6 April. Therefore he was requesting that his suspension start immediately.
The Committee reminded Mr Mansour that the obligation is on all riders to be fully aware of their engagements in the next 7 days when attending a hearing. There clearly needs to better communication between Mr Mansour and his Manager.
On this occasion the Committee has exercised its discretion and granted Mr Mansour’s request to amend his suspension dates.
Accordingly, Mr Mansour had his license to ride in races suspended for a period to commence after racing on 30 March and conclude after racing on 10 April 2019.
31 March race meeting at Invercargill was not included in the penalty as rider declarations had already closed.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr D Mansour - Class A Rider of YEARN
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d1989b6478e280cbb60551e9300ee5db
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e15b7f4bc9a69a4e01e65a4cbb2a14de
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2019
meet_title: Auckland RC - 30 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland RC