Archive Decision

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Avondale JC 15 November 2016 – R 10 – Chair, Mr A Dooley

ID: JCA14425

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mrs L Satherley - Licensed Rider

Other Person:
Mr M Williamson -Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward

Information Number:
A7892

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 15 November 2016

Meet Chair:
ADooley

Meet Committee Member 1:
AGodsalve

Race Date:
2016/11/15

Race Number:
R10

Decision:

As Mrs Satherley admitted the breach the Committee find the charge proved.

Penalty:

Accordingly, Mrs Satherley had her license to ride in races suspended for a period to commence after racing on 15 November and conclude after racing on 20 November 2016 (3 days).

That period of suspension encompasses meetings at

18 November – New Plymouth

19 November – Counties (Premier Day)

20 November – Te Rapa

Facts:

Following the running of race 10, Goodwin Property Management Maiden, an Information was filed pursuant to Rule 636 (3)(b)(ii). The Informant, Mr Coles, alleged that Mrs Satherley used the whip in an excessive manner before the 200 metres when riding NIPABRANDY.

Mrs Satherley acknowledged that she understood the Rule and confirmed her admission of the breach.

Rule 636(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 for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.

Mr Williamson demonstrated the incident using the available video footage. He identified Mrs Satherley and showed that she struck her mount 11 times from the 400 metres until the 200 metres. He said that Mrs Satherley did ride hands and heels for 3 strides on 3 occasions and he considered the breach was at the low end of the scale. Mr Williamson added the level of intensity was low end.

Mrs Satherley acknowledged that she struck her mount 11 times prior to the 200 metres and stated the video footage was self-explanatory.

Submissions for Penalty:

Mr Coles produced Mrs Satherley’s record which showed 2 previous breaches under this Rule in the last 12 months. He advised that on 31 August 2016 a $300 fine was imposed and on 18 September Mrs Satherley incurred a 2 day suspension. Mr Coles submitted a 3 day suspension would be an appropriate penalty.

Mrs Satherley advised that she had no upcoming engagements and any proposed suspension could start immediately.

Mrs Satherley acknowledged that she was familiar with the Penalty Guide for Judicial Committees and recognised that an uplift from her previous penalty was inevitable.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee had advised Mrs Satherley on 18 September with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension. This was adopted as per the Penalty Guide for Judicial Committees.

The mitigating factors were Mrs Satherley’s admission of the breach and we assessed the severity, frequency and number of strikes was in the low range. These factors saved Mrs Satherley from receiving a higher penalty on this occasion.

This was Mrs Satherley’s 3rd breach in a short period of time which is of concern and a significant aggravating fact. The Committee was mindful of animal welfare issues and public perception when dealing with use of the whip charges.

The Committee was satisfied that Mrs Satherley has a recent history of riding in the Central Districts on Industry days. We had regard for the fact Mrs Satherley would miss a Premier race meeting.

After taking into account all the above factors the Committee considered that 3 days would be an appropriate suspension.

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: 81c536df8062a54cae4a77bf424d9937


informantnumber: A7892


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 16/11/2016


hearing_title: Avondale JC 15 November 2016 - R 10 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 10, Goodwin Property Management Maiden, an Information was filed pursuant to Rule 636 (3)(b)(ii). The Informant, Mr Coles, alleged that Mrs Satherley used the whip in an excessive manner before the 200 metres when riding NIPABRANDY.

Mrs Satherley acknowledged that she understood the Rule and confirmed her admission of the breach.

Rule 636(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 for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.

Mr Williamson demonstrated the incident using the available video footage. He identified Mrs Satherley and showed that she struck her mount 11 times from the 400 metres until the 200 metres. He said that Mrs Satherley did ride hands and heels for 3 strides on 3 occasions and he considered the breach was at the low end of the scale. Mr Williamson added the level of intensity was low end.

Mrs Satherley acknowledged that she struck her mount 11 times prior to the 200 metres and stated the video footage was self-explanatory.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mrs Satherley admitted the breach the Committee find the charge proved.


sumissionsforpenalty:

Mr Coles produced Mrs Satherley’s record which showed 2 previous breaches under this Rule in the last 12 months. He advised that on 31 August 2016 a $300 fine was imposed and on 18 September Mrs Satherley incurred a 2 day suspension. Mr Coles submitted a 3 day suspension would be an appropriate penalty.

Mrs Satherley advised that she had no upcoming engagements and any proposed suspension could start immediately.

Mrs Satherley acknowledged that she was familiar with the Penalty Guide for Judicial Committees and recognised that an uplift from her previous penalty was inevitable.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Committee had advised Mrs Satherley on 18 September with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension. This was adopted as per the Penalty Guide for Judicial Committees.

The mitigating factors were Mrs Satherley’s admission of the breach and we assessed the severity, frequency and number of strikes was in the low range. These factors saved Mrs Satherley from receiving a higher penalty on this occasion.

This was Mrs Satherley’s 3rd breach in a short period of time which is of concern and a significant aggravating fact. The Committee was mindful of animal welfare issues and public perception when dealing with use of the whip charges.

The Committee was satisfied that Mrs Satherley has a recent history of riding in the Central Districts on Industry days. We had regard for the fact Mrs Satherley would miss a Premier race meeting.

After taking into account all the above factors the Committee considered that 3 days would be an appropriate suspension.


penalty:

Accordingly, Mrs Satherley had her license to ride in races suspended for a period to commence after racing on 15 November and conclude after racing on 20 November 2016 (3 days).

That period of suspension encompasses meetings at

18 November – New Plymouth

19 November – Counties (Premier Day)

20 November – Te Rapa


hearing_type: Hearing


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


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mrs L Satherley - Licensed Rider


Otherperson: Mr M Williamson -Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d1a3e776a6f1f2435536ca8b4f210dfe


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 284b8f652e845f63ddb48bb506faef59


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/11/2016


meet_title: Avondale JC - 15 November 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: AGodsalve


meet_pm2: none


name: Avondale JC